THE
^^.— ^ ^*4^ft*
REVISED STATUTES
OF THE
Z-*^***^
STATE OF MISSOURI
EEVISED AND DIGESTED BY THE EIGHTH GENERAL ASSEMBLY DURING THE YEARS
ONE THOUSAND EIGHT HUNDRED AND THIRTY-FOUR, AND ONE
THOUSAND EIGHT HUNDRED AND THIRTY-FIVE.
TOGETHEE, WITH
THE CONSTITUTIONS OF MISSOURI AND OF THE UNITED STATES .
PRINTED AND PUBLISHED UNDER T HE DI R E C T lO N OP THE SUPERINTENDENT
APPOINTED BY THE GExMERAL ASSEMBLY FOR THAT PURPOSE.
ST. LOUIS.
PRINTED AT THE AHOUS OFFICE.
1835.
ADVERTISEMENT
Although no pains have been spared to secure perfect accuracy in the publica-
tion of the text, several errors of the press have been detected since the printing
was completed. Such of them as appear to be important, are enumerated in a
note at the end of the volume.
The words included in brackets [] in the text, have been introduced by the
superintendent, believing them to be unintentional omissions, and necessary more
fully to express the sense and meaning of the law.
October \Oth, 1835.
*>•'''*,'
Pursuant to the "Act concerning the Revised Statutes," passed on the 21st of
March, 1835, the urfdersigned, a committee appointed to superintend the pubhca-
tion of the Revised Statutes, does hereby certify, that the text of the Revised
Statutes, contained in this volume, has been examined and compared by him, with
the transcript from the original rolls, furnished by the Secretary of State, of the acts
passed by the eighth general assembly, and directed to be published in the Revised
Statutes; and that this volume was printed under the authority conferred by law.
A. A. KING.
October lOth, 1835.
CONSTITUTION
OF THE
UNITED STATES.
We, the people of the United States, in order to form a more perfect union, establish
justice, ensure domestic tranquility, provide for the common defence, promote the gen-
eral welfare, and secure the blessings of liberty to ourselves and our posterity, do
ordain and establish this constitution of the United States of America.
ARTICLE I.
§ 1. Legislative power, in what body vested.
$ 2 — !• Mam'jers oftlio Houss of Representatives, Iiow chosen, who are electors of. 2. Qualifications of Representatives
3. Representation and taxation to be apportioned according to numbers. Indians and tliree fifths of all other
Persons, e.vempt. Census to be taken every ten years — ratio to be then filed. 4. Vacancies in representation,
how filled. 5. Speakers and other ofiirers how chosen.
$ 3 — 1. Senators of the United States, how chosen, their term of service, shall have hut one vote. 2. Senate to be divided
into three classes, the seats of one class of Senators to be vacated every second year, vacancies how filled. 3.
dualifications of a Senator. 4. Of llie President of the Seiate— shall live the casting vote. 5. President pro-
tempore and other ofticers of the Senate, how ciiosen. 6. Senate to try all impeachments, Chief Justice to preside
at the trial of the President of the United States 7. Judgment in case of impeachment.
$ 4 — 1. Manner of electinj members of Congress. 2. To assemble at least once in every year.
5 5 — 1 Powers of each House of Congress. 2. Rules. 3. A journal to he kept by each House and to be published except
in a certain case, yeas and nays to be entered at the request of one fifth of the members present. 4. Adjoura-
ment.
5 6 1. Compensation and privileges of memhers of Congress.
5 7 — 1. Of Revenue liills. 2> Form of proceeding in the enacting of Laws. 3. Of joint resolutions, orders, &c,
$ 8. Congress shall have power, 1. To lay and collect taxes, &c. 2. To borrow money. 3. To reiulate commerce. 4
To establish rules concerning bankruptcies and naturalization. 5. To coin money. 6. To punish counterfeiters
7. To establish Post oftires &c. 8 To promote the arts and sciences. 9 To constitute inferior courts, &c. 10
To declare war. 11. To raise and support armies. 12 To create a navy. 13. To make rulesfor army and
navy. 14. To provide for calling forth tie militia. 15. To provide for disciplining the militia, &;c. 16. To es-
tablish the seat of government, <Sic. 17. General powers.
$9 — 1. Limitation of the powers of Congress. 2. Of the writ of Habeas Corpus. 3. 0( ex post facto laws. 4. Direct
Tax, liow restricted. 5. Of export duty and commerce. 6. Expenditures, how regulated. 7. Titles of nobility,
presents to officers, &.c. prohiluted.
$ 10 — 1- Powers which the states, individually, may not exercise. 2. Powers which the states can exercise only nn<1«
the sanction of Congress.
SECTION 1.
1. All legislative powers herein granted, shall be vested in a congress of tlie
United States, which shall consist of a senate and house of representatives.
SECTION 2.
1. The house of representatives shall be composed of members chosen every
second year by the people of the several states; and the electors in each stato
shall have the qualifications requisite for electors of the most numerous branch of
the state legislature.
2. No person shall be a representative who shall not have attained to the age
of twenty-five years, and been seven years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that state in which he shall be
chosen.
3. Representatives and direct taxes shall be apportioned among the several states
which may be included within this union, according to their respective numbers,
2 CONSTITUTION OF THE UNITED STATES.
which shdl be determined by adding to the whole number of free persons, inclu-
ding those bound to service for a term of years, and excluding Indians not taxed,
three fifths of all other persons. The actual enumeration shall be made within
three years after the first meeting of the congress of the UaUed Stales, and within
every subsequent term of ten years, in such manner as they shall by law direct.
The number of representatives shall not exceed one for every thirty thousand, but
each state shall have at least one representative; and until such enumeration shall
be made, the state of New Hampshire shall be entitled to choose three ; Massachu-
setts eight; Wiode Island and Providence Plantations one; Connecticut five; New
Fo?-A-six; New Jersey ionr; Pennsylvania e\ghi\ Delaware one-, Maryland six \ Vir-
ginia ten; North Carolina five; and Georgia three.
4. When vacancies happen in the representation from any state, the executive
authority thereof shall issue writs of election to fill such vacancies.
5. The house of representatives shall choose their speaker and other officers, and
shall have the sole power of impeachment.
SECTION 3.
1. The senate of the United vStates shall be composed of two senators from each
state, chosen by the legislature thereof, for six years; and each senator shall have
one vote.
2. Immediately after they shall be assembled in consequence of the first election,
they shall be divided, as equally as may be, into three classes. The seats of the
senators of the first class shall be vacated at the -expiration of the second year, of
the second class at the expiration of the fourth year, and of the third class at the
expiration of the sixth year, so that one third may be chosen every second year;
and if vacancies happen by resignation or otherwise, during the recess of the legis-
lature of any state, the executive thereof may make temporary appointments until
the next meeting of the legislature, which sliall then fill such vacancies.
3. No person shall be a senator who shall not have attained to the age of thirty
years, and been nine years a citizen of the United States, and who shall not, when
elected, be an inhabitant of that state for which he shall be chosen.
4. The vice president of the United States shall be president of the senate, but
shall have no vot-e, unless they be equally divided.
5. The senate shall choose their other officers, and also a president pro tempore,
in the absence of the vice president, or when he shall exercise the office of presi-
dent of the United States.
6. The senate shall have the sole power to try all impeachments. When sitting
for that purpose, they shall be on oath or affirmation. When the president of the
United States is tried, the chief justice shall preside; and no person shall be con-
victed without the concurrence of two thirds of the members present.
.7. Judgment in cases of impeachment shall not extend further than to removal
fi-om office, and disqualification to hold and enjoy any office of honor, trust or profit,
under the United States: but the party convicted shall nevertheless be liable and
subject to indictment, trial, judgment, and punishment, according to law.
SECTION 4.
1. The times, places, and manner of holding elections for senators and represen-
tatives, shall be prescribed in each state by the legislature thereof; but the con-
gi-css may, at any time, by law, make or alter such regulation, except as to the
places of choosing senators*
2. The congress shall assemble at least once in every year, and such meeting
shall be on the first Monday in December, unless they shall by law appoint a diffe^
ent day.
CONSTITUTION OF THE UNITED STATE>S. 3
SECTION S.
1. Each house shall be the judge of the elections, returns, and qualifications, of
its own members; and a majority of each shall constitute a quorum to do busmess;
but a smaller number may adjourn from day to day, and may be authorised to com-
pel the attendance of absent members, in such manner and under such penalties as
each house may provide. ^ r
2. Each house may determine the rules of its proceedings, punish its members lor
disorderly behavior, and with the concurrence of two thirds, expel a member.
3 Each house shall keep a journal of its proceedings, and from time to time pub-
lish'the same, excepting such parts as may in their judgment require secrecy; and
the yeas and nays of the members of either house on any question, shall, at tiie
desire of one fifth of those present, be entered on the journal.
4 Neither house, during the session of congress, shall, without the consent ot
the other, adjourn for more than three days, nor to any other place than that m
which the two houses shall be sitting.
SECTION 6.
1 The senators and representatives shall receive a compensation for their servi-
ces *to be ascertained by law, and paid out of the treasury of the United States.
Thev shall, in all cases, except treason, felony, and breach ot the peace, be privi-
lecred from arrest during their attendance at the session of their respective houses,
and in going to and returning from the same; and for any speech or debate in either
house,1hev°shall not be questioned in any other place.
2. No senator or representative shall, during the time f-r which he was elected,
be appointed to any civil office under the authority of the United States, which
shall have been created, or the emoluments wi-reol sha 1 have been increased dur-
ing such time; and no person holding anj" office under the United States, shall be a
member of either house during his oontmuance m office.
SECTION 7-
t All bills for raising revenue shall originate in the house of representatives;
but the senate may propose or concur v/ith"amendments as on other bills.
2 Every bill which shall have passed the house of representatives and the sen-
ite 'shall before it become a law, be presented to the president of the United States ;
if he approve he shall sign it; but if not, he shall return it, with his objections, to
tliat house in which it shall have originated, who shall enter the objections at large
on their journal, and proceed to reconsider it. If, after such reconsideration, two
thirds of that house shall agree to pass the bill, it shall be sent, together with the
obiections, to the other house, by which it shall likewise be reconsidered, and it ap-
proved by two thirds of that hbuse, it shall become a law. But m all such cases,
the votes of both houses shall be determined by yeas and nays, and the names ot
the persons votinc- for and against the bill, shall be entered on the journal ot each
house respectively. If any bill shall not be returned by the president within ten
days (Sundays excepted) after it shall have been presented to him, the sanie shall
be a law in like manner as if he had signed it, unless the congress by their adjourn-
ment prevent its return, in which case it shall not be a law.
3 Every order, resolution or vote, to which the concurrence of the senate and
house of representatives may be necessary, (except on a question oi adjournment
shall be presented to the president of the United States; and before the same shall
take etfect, shall be approved by him, or being disapproved by him, shall be repass-
ed by two thirds of the senate and house of representatives, according to tlie rnies
and limitations prescribed in the case of a bill.
4 CONSTITUTION OF THE UNITED STATES.
SECTION 8-
The congress shall have power —
1. To lay and collect taxes, duties, imposts, and excises; to pay the debts and
provide for the common defence and general welfare of the United States; bu-t att
duties, imposts and excises, shall be uniform throughout the United States:'
2. To borrow money on the credit of the United States:
3. To regulate commerce with foreign nations, and among the several states, and
with the Indian tribes:
4. To establish an uniform rule of naturalization, and uniform laws oa the subject
of bankruptcies throughout the United States:
5. To coin nioney, regulate the value thereof, and of foreign coin, and fix the-
standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities and current
coin of the United States:
7. To establish post offices and post roads:
^ 8. To promote the progress of science and useful arts, by securing, for limited
times, to authors and inventors, the exclusive right to their respective writings and
discoveries:
^ 9. To constitute tribunals inferior to the supreme court: To define and punish
piracies and felonies committed, on the high seas, and offences against tlie law of
nations:
10. To declare war, grant letters of marque and reprisal, and make rules con-
cerning captures on land and water:
11. To raise and support armies ; but no appropriation of money to that use, shall"
be for a longer term than two years:
12. To provide and maintain a ntwy :
13. To make rules for the government and regulation of the land and naval
forces.
14. To provide for calling forth the militia to exc^^te the laws of the union, sup-
press insurrections, and repel invasions:
15. To provide for organizing, arming, and disciplining the militia, and for gov-
erning such part of them as may be employed in the service of the United States
reserving to the states respectively, the appointment of the ofhcers and the au-
thority of training the militia according to the discipline prescribed by concrress.
16. To exercise exclusive legislation in all cases whatsoever, over sueh'^district
(not exceeding ten miles square) as may, by cesssion of particular states, and the
acceptance of congress, become the seat of govermnent of the United States, and
to exercise like authority over all places purchased, by the consent of the legisla-
ture of the state in which the same shall be, for the erection of forts, magazines, ar-
senals, dock yards, and other needful buildings: — and,
17. To make all laws which shall be necessary and proper for carrying into exe-
cution the foregoing powers, and all other powers vested by this constitution in the
government of the United States, or in any department or officer thereof.
SECTION 9.
1. The migration or importation of such persons as any of the states now exist-
ing shall think proper to admit, shall not be prohibited by the congress prior to the
year one thousand eight hundred and eight, but a tax or duty may be imposed on
such importation, not exceeding ten dollars for each person.
2. The privilege of the writ of habeas corpus shall not be suspended, unless
when, in cases of rebellion or invasion, the public safety may require it.
3. No bill of attainder, or ex post facto law, shall be passed.
4. No papitation or other direct tax shall be laid, unless in proportion to the cen-
sus or enumeration herein before dii'ected to be taken.
CONSTITUTION OF THE UNITED STATES. 5
5. No tax or duty shall be laid on articles exported from any state. No prefer-
ence shall be given by any I'egulation of commerce or revenue to the ports of one
state over those of another: nor shall vessels bound to or fi'om one state be obliged
to enter, clear, or pay duties in another.
6. No money shall be drawn from the treasury, but in consequence of appropria-
tions made by law: and a regular statement and account of the receipts and expen-
ditures of all public moneys, shall be published from time to time.
6. No title of nobility shall be granted by the United States, and no person
holding any office of profit or trust under them, shall, without the consent of the
congress, accept of any present, emolument, office, or title of any kind whatever,
from any king, prince, or foreign state.
SECTION 10.
1. No state shall enter into any treaty, alliance, or confederation; grant letters
of marque and reprisal; coin money; emit bills of credit; make any thing but gold
and silver a tender in payment of debts; pass any bill of attainder, ex post facto
law, or law impairing the obligation of contracts; or grant any title of nobility.
2. No state shall, without the consent of the congress, lay any imposts or duties
on imports or exports, except what may be absolutely necessary for executing its
inspection laws; and the net produce of all duties and imposts, laid by any state
on imports or exports, shall be for the use of the treasury of the United States, and
all such laws shall be subject to the revision and control of the congress. No state
shall, without the consent of congress, lay any duty of tonnage, keep troops or
ships of war in time of peace, enter into any agreement or compact with another
state, or with a foreign power, or engage in war, unless actually invaded, or in
such imminent danger as will not admit of delay.
ARTICLE II.
^ 1 — 1. The executive power vested in a President, how elected. 2. Of Electors of President and Vice President. 3.
Meeting of the electors and their proceediiias. (This section is annulled. Vide amendments, Article 12.) 4. Time
of choosing electors. 5. Who maybe elected President of the United States. 6. Vacancies, how tilled. 7. Of the
President's compensation. 8 and 9. His oath.
5 2 — 1. Powers and duties of President. 2. President to make treaties, appoint ambassadors and other officers. 3-
President to fill vacancies during recess of tlie Senate.
$ 3. The President to give Congress certain information, and recommend measures
$ 4. How the President may be removed.
SECTION 1.
1. The executive power shall be vested in a president of the United States of
America. He shall hold his office during the term of four years, and, together with
the vice president, chosen for the same term, be elected as follows:
2. Each state shall appoint, in such manner as the legislature thereof may direct,
a number of electors, equal to the whole number of senators and representatives
to which the state may be entitled in the congress; but no senator or representa-
tive, or person holding an office of trust or profit under the United States, shall be
appointed an elector.
3. The electors shall meet in their respective states, and vote by ballot for two persons,
of whom one at least shall not be an inJutbitant of the sa?ne state with themselves. And
they shall make a list of all the persons voted for, and of the number of votes for each;
tchich list they shall sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the president of the senate. The president of the senate
shall, in the presence of the senate and house of representatives, open all the certificates,
and the votes shall then be counted. The person having the greatest number of votes
shall be the president, if such number be a majority of the whole number of electors ap-
pointed; and if there be more than one who have such majority, and have an eqiial num-
6 CONSTITUTION OF THE UNITED STATES.
ber of votes, then the house of representatives shall immediately choose, by ballot, one of
them for president ; and if no person have a majority, then from the jive highest on the
list, the said house shall, in like manner, choose the president. But in choosing the pres-
ident, the votes shall be taken by slates, the representation from each state having one vote:
a quorum for this purpose shall -consist of a member or members from two-thirds of the
states, and a majoritif of all the states shall be necessary to a choice. In every case, after
the choice of the president, the person having the greatest number of votes of the electors,
shall be the vice president. But if thei'c should remain two or more who have equal
votes, the senate shall choose from them, by ballot, the vice president.
4. The congress may determine the time of choosing the electors, and the day on
which they sliall give their votes; which day shall be the same throughout the Uni-
ted States.
.5. No person, except a natural born citizen, or a citizen of the United States at
the time of the adoption of this constitution, shall be eligible to the office of presi-
dent; neither shall any person be eligible to that office, who shall not have attain-
ed to the age of thirty-five years, and been fourteen years a resident within the
United States.
6. In case of the removal of the president from office, or of his death, resigrra-
tion, or inability to discharge the powers and duties of the said office, the same
shall devolve on the vice president, and the congress may, by law, provide for the
case of removal, death, resignation, or inability, both of the president and vice
president, declaring what officer shall then act as president, and such officer shall
then act accoi'dingly, until the disability be removed, or a president shall be elected.
7. The president shall, at stated times, receive for his services a compensation,
which shall neither be increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other em-
olument from the United States, or any of them.
8. Before he enters on the execution of his office, he shall take the following
oath or affirmation :
9. " I DO SOLEMNLY SAVEAR (or affirm) THAT I WILL FAITHFULLY EXECUTE THE OFFICE.
OF PRESIDENT OF THE UnITED StATES, AND WILL, TO THE BEST OF MY ABILITY, PftESEJRVE,
PROTECT, AND DEFEND THE CONSTITUTION OF THE UnITED StaTES. "
SECTION 2.
1. The president shall be commander in chief of the army and navy of the United
States, and of the militia of the several states, when called into the actual service
of the United States; he may require the opinion, in writing, of the principal offi-
cer in each of the executive departments, upon any subject, relating to the duties
of their respective offices; and he shall have power to grant reprieves and pardons
for offences against the United States, except in cases of impeachment.
2. He shall have power, by and with the advice and consent of the senate, to
make treaties, provided two thirds of the senators present concur: and he shall
nominate, and by and with the advice and consent of the senate, shall appoint
ambassadors, other public ministers, and consuls, judges of the supreme court, and
other officers of the United States, whose appointments are not herein otherwise
provided for, and which shall be established by law. But the congress may, by
law, vest the appointment of such inferior officers as they may think proper, in
the president alone, in the courts of law, or in the heads of departments.
3. The president shall have power to fill up all vacancies that may happen dur-
ing the recess of the senate, by granting commissions which shall expire at the end
of their next session.
SECTION 3.
1. He shall, from time to time, give to the congress infoi'mation of the state of
%e union, and recommend to their consideration, such measures as he shall judge
CONSTITUTION OF THE UNITED STATES. 7
necessary and expedient; he may, on extraordinary occasions, convene both hous-
es, or either of them, and in case of disagreement between them, with respect to
the time of adjournment, he may adjourn them to such time as he shall think pro-
per; he shall receive ambassadors and other public ministers; he shall take care
that the laws be faithfully executed; and shall commission all the officers of the
United States.
SECTION 4.
1. The president, vice president, and all civil officers of the United_States, shall
be removed from office on impeachment for, and conviction of, treason, bribery, or
other high crimes and misdemeanors.
ARTICLE III.
$ 1. Of the judicial power. Judges to hold their offices during good behavior.
$2 — 1. Extent of judicial power. 2. Original and appellate jurisdiction of the supreme court. 3- Of trials for crimes
5 3. Treason, definition and punishment of.
SECTION 1.
1. The judicial power of the United States shall be vested in one supreme
court, and in such inferior courts as the congress may, from time to time, ordain
and establish. The judges, both of the supreme and inferior courts, shall hold
their offices during good behavior, and shall, at stated times, receive for their ser-
vices a compensation, which shall not be diminished during their continuance in
office.
SECTION 2.
1. The judicial power shall extend to all cases in law and equity, arising under
the constitution, the laws of the United States, and treaties made, or which shall
be made, under their authority; to all cases atfecting ambassadors, other public
ministers and consuls; to all cases of admiralty and maritime jurisdiction; to c^n-
troversies to which the United States shall be a party; to controversies between
two or more states, between a state and citizens of another state, between citi-
zens of different states, between citizens of the same state claiming lands under
grants of different states, and between a state, or the citizens thereof, and foreign
states, citizens, or subjects.
2. In all cases affecting ambassadors, other public ministers and consuls, and
those in which a state shall be a party, the supreme court shall have original ju-
risdiction. In all the other cases before mentioned, the supreme court shall have
appellate jurisdiction, both as to law and fact, with such exceptions, and under such
regulations, as the congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall be by jury;
and such trial shall be held in the state where the said crimes shall have been com-
mitted; but when not committed within any state, the trial shall be at such places
as the congress may by law have directed.
SECTION 3.
1. Treason against the United States shall consist only in levying war against
them, or in adhering to their enemies, giving them aid and comfort. No person shall
be convicted of treason, unless on the testimony of two witnesses to the same
overt act, or on confession in open court.
2. The congress shall have power to declare the punishment of treason, but no
attainder of treason shall work corruption of blood, or forfeiture, except during the
life of the person attainted.
8 CONSTITUTION OF THE UNITED STATES.
ARTICLE IV.
$ 1. Full faith \o be civcn to the public acts, records, &c.
j 2 !• Privileges and immunities of citizens. 2. Of fugitives from justice. 3. Of persona held to service or )ab«r ia
one state and fleeing to another.
J 3 — 1. Of the admission of new States into the Union. 2. Of the disposition of territory, &e.
$ 4. Guarantee and disposition of the several states.
SECTION 1.
1. Full faith and credit shall be given in each state to the public acts, records,
and judicial proceedings of every other state. And the congress may, by gener-
al laws, prescribe the manner in which such acts, records, and proceedings shall be
proved, and the effect thereof.
SECTION 2.
1. The citizens of each state shall be entitled to all privileges and immunities of
citizens of the several states.
2. A person charged in any state with treason, felony, or other crime, who shall
flee from justice, and be found in another state, shall, on demand of the executive
authority of the state from which he fled, be delivered up to be removed to the
state having jurisdiction of the crime.
3. No person held to service or labor in one state, under the laws thereof, es-
caping into another, shall, in consequence of any law or regulation therein, be
discharged from such service or labor, but shall be delivered up, on claim of the
party to whom .such service or labor may be due.
SECTION 3.
1. New states may be admitted by the congress into this union; but no new
state shall be formed or erected within the jurisdiction of any other state, nor
any state be formed by the junction of two or more states, or parts of states, with-
out the consent of the legislatures of the states concerned, as well as of the con-
gress.
2. The congress shall have power to dispose of and make all needful rules and
regulations respecting the territory, or other property, belonging to the United
States; and nothing in this constitution shall be so construed, as to prejudice any
claims of the United States, or of any particular state.
SECTION 4.
i. The United States shall guarantee to every state in this union a republican
foi-m of government, and shall protect each of them against invasion; and, on ap-
plication of the legislature, or of the executive (when the legislature cannot be
convened) against domestic violence.
ARTICLE V.
$ 1. Amendments to the constitution, how made, and how ratified.
1. The congress, whenever two thirds of both house shall deem it necessary,
shall propose amendments to this constitution, or on the application of the legis-
latures of two thirds of the several states, shall call a convention for proposing
amendments, which, in either case, shall be valid, to all intents and purposes, as part
of this constitution, when ratified by the legislatures of three fourths of the several
states, or by conventions in three fourths thereof, as the one or the other mode
of ratification may be proposed by the congress: Provided that no amendment,
which may be made prior to the year one thousand eight hundred and eight, shall
in any manner afl^ect the first and fourth clauses in the ninth section of the first
CONSTITUTION OF THE UNITED STATES. 9
Article; and that no state, without its consent, shall be deprived of its equal suf-
frage in the Senate.
ARTICLE VL
\^ 1 I. Former debts of the Government valid under this Constitution. 2. The constitution, &;c., the supreme law of the
tend. 3. All officers, state and national, to take an oath to support the Constitution of the United States — no
religious test shall be ever required.
1. All debts contracted, and engagements entered into, before the adoption of
the constitution, shall be as valid against the United States under this constitu-
tion, as under the confederation.
2. This constitution and the law^s of the United States M^hich shall be made in
pursuance thereof, and all treaties made, or which shall be made, under the au-
thority of the United States, shall be the supreme law of the land: and the judg-
es in every state shall be bound thereby, any thing in ilie constitution or laws of
any state to the contrary notwithstanding.
3. The senators and repi'esentatives before mentioned, and the members of the-
several state legislatures, and all executive and judicial officers, both of the United
States and of the several states, shall be bound, by oath or affirmation, to support
this constitution; but no religious test shall ever be required as a qualification to
•any office, or public trust, under the United States.
ARTICLE VII.
5 1. When this Constitution shall take effect.
1. The ratification of the conventions of nine states shall be sufficient for the
establishment of this constitution, between the states so ratifying the same,
Done in convention, by the unanimous consent of the states present, the seven-
teenth day of September, in the year of our Lord one thousand seven hundred
and eighty-seven, and of the independence of the United States of America,
the twelfth. In witness whereof, w^e have hereunto subscribed our names.
GEORGE WASHINGTON,
President^ and deputy from Virginia,
neVv HAjrpsmRE.
John Langdon,
Nicholas Gilman.
MASSACHUSETTS.
Nathaniel Gorham,
Rufus King.
CONNECTICUT.
William Samuel Johnson,
Roger Sherman.
NEW YORK.
Alexander Hamilton.
NEW JERSEY.
William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.
PENNSYLVANIA.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Governeur Morris.
DELAWARE.
George Read,
Gunning Bedford, jun.
John Dickinson,
Richard Basset,
Jacob Broom.
MARYLAND.
James M'Henry,
Daniel of St. Tho. Jenifer^
Daniel Carroll.
VIRGINIA.
John Blair,
James Madison, jun.
NORTH CAROLINA.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson.
SOUTH CAROLINA.
John Rutledge,
CharlesCoteSworthPinkney,
Charles Pinkney,
PierCe Butler.
GEORGIA*
William Few,
Abraham Baldwiil^ ;
Attest, William Jackson, Secretary,
3
10 CONSTITUTION OF THE UNITED STATES.
IN CONVENTION.
RESOLVED 1. ConBtitution to be laid before congress Uc.
RES. 2. Congreea to fix a day for appointing eleotora.
RES. 3. Bow constitution to be carried into effect.
Monday, September 17th, 1787.
Present: the states of New-Hampshire, Massachusetts, Connecticut, Mr. Hamil-
ton from New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, North Carolina, South Carolina and Georgia.
1. Resolved, That the preceding constitution be laid before the United State sjn
congress assembled, and that it is the opinion of this convention, that it should after-
tvards be submitted to a convention of delegates chosen in each state by the people
thereof, under -the recommendation of its legislature, for their assent and ratifica-
tion; and that each convention assenting to, and ratifying the same, should give
notice thereof to the United States in congress assembled.
2. Resolved, That it is the opinion of this convention, thalt as soon as the con-
ventions of nine states shall have ratified this constitution, the United States in
congress assembled, should fix a day on which electors should be appointed by the
states which shall have ratified the same, and a day on which the electors should as-
semble to vote for the president, and the time and place for commencing proceed-
ings under this constitution. That after such publication, the electors should be ap-
pointed, and the senators and representatives elected. That the electors should
meet on the day fixed for the election of the president, and sTiould transmit their votes,
certified, signed, sealed, and directed, as the constitution requires, to the secretary
of the United States, in congress assembled; that the senators and representatives
should convene at the time and place assigned; that the senators should appoint a
president of the senate, for the sole purpose of receiving, opening, and counting the
votes for president; and, that after he shall be chosen, the congress, together with
the president, should, without delay, proceed to execute this constitution.
By the unanimous order of the contention.
William Jackson, Secretary.
GEORGE WASHINGTON, PresiderU.
[The conventions of a number of the states liaving, at -the time of their iadopting
the constitution, expressed a desire in order to prevent misconstruction or abuse
of its powers, that further declaratory and restrictive clauses should be added,
congress, at the session begun and held at the city of New York, on Wednesday,
the 4th of March, 1789, proposed to the legislatures of the several states twelve
amendments, ten of which only were adopted. They are the ten first following,]
AMENDMENTS TO THE CONSTITUTION.
ARTICLE I. The free exercise of religion, freedom of speech, of the press, of the right to peacaebly aai^mble, and t»
petition, guarantied to the people^
ART. II. Right to bear arms.
ART. in. Of Quartering soldiers in time of peace-
ART. IV. No seach warrant to issue except on oath.
ART. V. Capital and imfamous crimes — Proceedings.
ART. VI. Right of the accused in criminal eases.
ART. VII. Trial by jury preserved.
ART. VIII, Bail and Fines.
ART. IX. Construction of powers delegated.
ART. X. Powers.
ART. XI. Restraint of judicial power.
ART. xn. 1. Modeof electing President and Vice President. Sand 3. Of the Vice President.
ART. XIII. In what case persons forfeit their citizenebip)
CONSTITUTION OF THE UNITED STATES. n
ARTICLEI.
Congress shall make no law respecting an establishment of religion, or prohibit^
ing the free exercise thereof; or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble and to petition the government for
^ redress of grievances.
ARTICLE H.
A well regulated militia being necessary to the security of a free state, the right
of the people to keep and bear arms shall not be infringed.
ARTICLE III.
No soldier shall, in time of peace, be quartered in any house without the consent
of the owner; nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their persons, houses, papers, and ef-
fects, against unreasonable searches and seizures, shall not be violated, and no war-
rants shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons qr thmgs to be
seized.
ARTICLE V.
No person shall be held to answer for a capital or otb^iwise infamous critne, un-
less on a presentment or indictment of a grand \vrj, except m cases arismg m the
land or naval forces, or in the militia, when in actual service, m time of war or pub-
lic danger- nor shall any poreon be subject for the samc oftcnce to be twice put m
ieopardy of life or limb; nor shall be compelled, in any criminal case, to be a wit-
ness against himself; nor be deprived of life, liberty, or property, without due
proce^of law; nor shall private property be taken for public use without just
compensation.
ARTICLE VI.
In all criminal prosecutions, the accuse-^ ^lall enjoy the right to a speedy and
public trial, by ar^ impartial jury of ti-^sfte arid district wherem the crime shall
Lve been committed, which d'-^i^t shall have been previously ascertained by law
and to be informed of th- "^t^^e and cause of the accusation; to be confronted
with the witnesses as^msthim; to have compulsory process for obtammg witnesses
in his favor; and to have the assistance of counsel for his defence.
ARTICLE VII.
i
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved; and no fact tried by a jury
shall be otherwise re-examined in any court of the United States, than according
to the rules of the common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel an«
unusual punishments inflicted.
12 CONSTITUTION OF THE UNITED STATES.
ARTICLE IX.
The enumeration in the constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States by the constitution, nor pro-
hibited by it to these states, are reserved to the states respectively, or to the people.
ARTICLE XL
The judicial power of the United States shall not be construed to extend to any
suit in law or equity, commenced or prosecuted against one of the United States
by citizens of another state, or by citizens or subjects of any foreign stat«.
ARTICLE XXL
1. The electors shall meet in their respective states, and vote by ballot for pro*
sident and vice-president, one of whom, at least, shall not be an inhabitant of the
same state with themselves ; they shall name in their ballots the person voted for
as president, and in distinct ballots the person voted for as vice-president; and they
shall make distinct lists of all persons voted for as president, and of all persona
voted for as vice-president, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the government of the
United States, directed to the president of the senate; the president of the senate
shall, in the presence of tho senate and house of representatives, open all the cer-
tificates, and the votes shall then be counted: the person having the greatest num-
ber of votes for president, shall be the president, if such number be a majority of
the whole number of electors appointed; and if no person havp snnh majority, then
from the persons having the highest numbers, not exceeding three, on the list of
those voted for as president, the house of representatives shall choose immediately,
by ballot, the president. But in choosing the president, the votes shall be taken by
states, the representation from each state having one vote; a quorum for this pur-
pose shall consist of a member or members from two thirds of the states, and a ma-
jority of all the states shall b^ necessary to a choice. And if the house of repre-
sentatives shall not ukoose a presij.-.^t whenever the right of choice shall devolve
upon them, before the fourth day of IViax.v, ^g^t following, then the vice-president
shall act a^ president, as m the case of the Ue^^Vi ^j, ^t j^er constitutional disability^
of the president.
2. The person having the greatest number of votes u^ vice-president, shall be
vice-president, if such number be a majority of the whole nmi->)er of electors ap--
pointed; and if no person have a majority, then from the two highest numbers on
the list, the senate shall choose the vice-president: a quorum for the purpose shall
consist of two thirds of the whole number of senators, and a majority of the
whole number shall be necessary to a choice.
3. But no person constitutionally ineligible to the office of president, shall be.
eligible to that of vice-president of the United States.
ARTICLE XIII.
If any citizen of the United States shall accept, claim, receive, or retain any
title of nobility or honor, or shall, without the consent of congress, accept and
retain any present, pension, office or emolument of any kind whatever, from any
eitfiperor, king, prince, or foreign power, such person shdl cease to be a citizen
CONSTITUTION OF THE UNITED STATES. 13
of the United States, and shall be incapable of holding any office of trust or profit
under them, or either of them.
[Note. — The 11th article of the amendments to the constitution, was proposed
at the second session of the third congress; the 12th article, at the first session
of the eighth congress; and the 13th article, at the second session of the eleventh
congress.]
■^
OONSTITUTION
-OF THE
STATE OF MISSOITRL
WE the people of Missouri, inhabiting the limits hereinafter designated, hy our repre^
seniatives m convention assembled, at St. Louis, on Monday the I2th day of June,
1820, do mutually agree to form and establish a free and independent republic, by t/i^
namlof " THE STATE OF MISSOURI;'' and for the government thereof, do
ordain and establish this constitution.
ARTICLE I.
Of Boundaries.
§ 1. Descriptionof the pcnnanent boundaries of the state of Missouri.
We do declare, establish, ratify and confirm, the following as the permanent
boundaries of said state, that is to say: "Beginning in the middle of the Mississippi
river, on the parallel of thirty-six degrees of north latitude ; thence west, along
the said parallel of latitude, to the St. Francois river; thence up, and following the
course of that river, in the middle of the main channel thereof, to the parallel of la-
titude of thirty-six degrees and thirty minutes; thence west, along the same, to a
point where the said parallel is intersected by a meridian hne passing through the
middle of the mouth of the Kansas river, where the same empties mto the Missouri
river; thence, from the point aforesaid, north, along the said meridian line, to the
intersection of the parallel of latitude which passes through the rapids of the river
Des Moines, making the said line correspond with the Indian boundary ine ; thence
east, from the point of intersection last aforesaid, along the said parallel ot latitude,
to the middle of the channel of the main fork of the said river Des Moines; thence
down along the middle of the main channel of the said river Des Moines to the
mouth of the same, where it empties into the Mississippi river; thence due east to
the middle of the main channel of the Mississippi river; thence down, and toUowing
the course of the Mississippi river, in the middle of the mam channel thereot, to
the place of beginning."
ARTICLE H.
Of the distribution of powers*
5 1. Of the distribution of the powers of the government.
The powers of government shall be divided into three distinct departments, each
of which shall be confided to a separate magistracy; and no person charged with
the exercise of powers properly belonging to one of those departments, shall exer-
cise any power properly belonging to either of the others, except in the instances
hereinafter expressly directed or permitted.
STATE C50NSTITUTION. Ig
ARTICLE III.
Of the legislative power.
{ 1. fcegisJativa power, in what body vested.
5 a. Members of the house of representatives, how often, by whom, and for what length of time'chosen- may not
exceed 100- . ■ /
5 3. Qualifications of representatives.
5 4. Enumeration of inhabitants and apportionmftnt of representatives to be made every fourth year.
$ 5. Term of service and qiialificntion of senators.
5 6. Constitution of the senate — apportionment and districts.
5 7. Senators to be classed.
5 8. Elections, when held — electors priviledged from arrest on election days except in certain cases.
5 9. Writs of elections to supply vacancies — by whom issued.
$ 10. Electors, their qualifications.
$ 11. Officers not eligible to the general assembly.
$ 12. No disbursing or receiving officer eligible to the legislature who has not accounted for, and paid all monies dW
the State.
5 13. Clergymen disqualified from holding any office except that of Justice of the peace.
5 14. Persons disqualified from holding office on account of crime.
$ 15. Disqualification for bribery.
$ 16. Disqualification of senators and representatives for certain offices.
$ 17. Each house to appoint its own officers — what constitutes a quorum.
5 18. Powers and duty of each house — rules, expulsion &c. Journal to^be published — yeas and nays to be recorded when
desired by two members.
5 19. Doors to be kept open, except in cases which require secresy — power to punish for disrespect and contemot.
5 80. Ofadjournment. *^
$ 21. Bills may originate where, how often read, and by whom signed.
5 22. Appointment of officers viva voce.
5 23. Privileges oi senators and representatives.
5 24. Compensation.
5 25- Of suits against the State.
$ 26. The power of the general assembly does not extend to— 1st the passage of an emancipation law, or 2nd to prevent
emigrants from removing their slaves to this state. The legislature may prohibit, 1st the introduction of
Slaves guilty of high crimes, or 2nd for the purpose of speculation, or 3rd in contravention of a statute Of the
United States; and 4th may permit their emancipation, good security being first given. It is their duty to
pass laws, 1st to prevent the introduction of free negroes and mulattoes, and 2nd to compel masters to treat
slav<?s with humanity.
$ 27. Riglits of slaves in trials for crimes.
5 28. Crimes committed on slaves.
$ 29- Of impeachment.
I o?' J"'Pf'''^'™«"' to "e made by tiu> house of representatives and tried by the senate,
5 31. Of the treasurer and his duty.
5 32. Appointment of officers— oath of office.
5 33. Meetings of general assembly.
5 34. Counties to be not less than 20 miles square.
$ 35. Revision of laws, how often.
$ 36. Style of laws.
§ 1. The legislative power shall be vested in ?i ''General Assembly'' which shall
consist of a ''Senate;' and of a "House of Representatives."
§ 2. The house of representatives shall consist of members to be chosen every
second year by the qualified electors of the several counties. Each county shall
have at least one representative, but the whole number of representatives shall
never exceed one hundred.
§ 3. No person shall be a member of the house of representatives, who shall not
have attained to the age of twenty -four years; who shall not be a free white male
citizen ot the United States; who shall not have been an inhabitant of this state two
years, and of the county which he represents one year next before his election, if
such county shall have been so long established, but if not, then of the county or
counties trom which the same shall have been taken; and who shall not, moreover,
have paid a state or county tax.
• If *k ^^A S,®"®^^^ assembly, at their first session, and in the years one thousand
eight hundred and twenty-two, and one thousand eight hundred and twenty-foUr,
f^JP^?/*^^*y'/nd every fourth year thereafter, shall cause an enumeration of the
inhabitants of this state to be made; and at the first session after each enumeration^
Shall apportion the number of representatives among the several counties, accord-
ing to the number of free white male inhabitants therein.
STATE CONSTITUTION. 17
§ 5. The senators shall be chosen by the qualified electors, for the tenn of four
years. No person shall be a senator, who shall not have attained to the age
of thirty years; who shall not be a free white male citizen of the United States;
who shall not have been an inhabitant of this state four years, and of the district
which he may be chosen to represent, one year next before his election, if such
district shall have been so long established, but if not, tlien of the district or districts
from which the same shall have been taken; and who shall not, moreover, have paid
a state or county tax.
§ 6. The senate shall consist of not less than fourteen nor more than thirtv-three
members; for the election of whom the state sliall be divided into convenient dis-
tricts, which may be altered from time to time, and new districts established, as
public convenience may require; and the senators shedl be apportioned amono- the
several districts, according to the niimber of free white male inhabitants in each: pro-
vided, that when a senatorial district shall be co/nposed of two or more counties, the
counties of which such district consists shall not be entirely separated by any county-
belonging to another district, and no county shall be divided in forming a district.
§ 7. At the first session of the general assenrbly, the senators shall be divided by
lot, as equally as may be, into tv/o classes. The seats of the first class shall be
vacated at the end of the second year, and the seats of the second class at the end
of the fourth year; so that one half of the senators shall be chosen every second
year.
§ 8. After the first day of January, one thousand eight hundred and twenty-two,
all general elections shall commence on the first Monday in August, and shall be"
held biennially; and the electors, in all cases, except of ti'eason, felony, or breach
of the peace, shall be privileged from arrest during their continuance at elections,
and in going to, and returning from the same.
§ 9. The governor shall issue writs of election, to fdl such vacancies as may
occur in either house of the general assembly.
§ 10. Every free white male citizen of the United States who may have at-
tained to the age of twenty-one years, and who shall have resided in this state one
year before an election, the last three months whereof shall have been in the
county or district in which he offers to vote, shall be deemed a qualified elector of
all elective offices: provided, that no soldier, seaman, or mariner, in the regular
army or navy of the United States, shall be entitled to vote at any election in this
state.
§ 11. No judge of any court of law or equity, secretary of state, attorney gene-
ral, state auditor, state or county treasurer, register or recorder, clerk of any court
of record, sheriff, coroner, member of congress, nor other person holding any lucra-
tive office under the United States or this state, militia officers, justices of the peace
and postmasters, excepted, shall be eligible to either house of the general assembly.
§ 12. No person who now is, or who hereafter may be, a collector or holder of
public money, nor any assistant or deputy of such collector or holder of public
money, shall be eligible to either house of the general assembly, nor to any office
of profit or trust, until he shall have accounted for and paid all sums for which he
may be accountable.
§ l3. No person while he continues to exercise the functions of a bishop, priest,
clergyman, or teacher of any religious persuasion, denomination, society or sect
whatsoever, shall be eligible to either house of the general assembly; nor shall he
be appointed to any office of profit within the state, the office of justice of the peace
excepted.
§ 14. The general assembly shall have power to exclude from every office of
honor, trust, or profit, within this state, and from the right of suffirage, all persons
convicted of bribery, perjury, or other infamous crime.
§ 15. Every person who shall be convicted of having, directly or indirectly,
given or offered any bribe to procure his election or appointnaent, shall be disqua-
4
18 STATE CONSTITUTION.
lifted for any office of honor, trust, or profit, under this state; and any person whd
shall ffive or ofler any bribe to procure the election or appointment ot any oUier
person, shall, on conviction thereof, be disqualified for an elector, or for any ottice
of honor, trust, or profit, under this state, for ten years after such conviction.
§ 16, No senator or representative shall, daring the term for which he shall
have been elected, be appointed to any civil office under this state, which shall
have been created, or the emoluments of which shall have been increased during
his continuance in office, except to such offices as shall be filled by elections ot the
^T r7* Each house shall appoint its own officers, and shall judge of the qualifica-
tions, elections, and returns of its own members. A majority of each house shall
constitute a quorum to do business; but a smaller number may adjourn from day
to day, and may compel the attendance of absent members m such mannerand
under s'uch penalties as each house may provide, . , . ,
§ 1 8. Each house may determine the rules of its proceedings, punish its members
for disorderly behaviour, and, with the concurrence of two thirds of all the mem-
bers elected, expel a member; but no member shall be expelled a second time for
the same cause. They shall each, from time to time, publish a journal of their pro-
ceedincrs, except such parts as may, in their opinion, require secrecy; and the
yeas and nays on any question shall be entered on the journal at the desire of any
two members. , , i , n, i , .
§ 19. The doors of each house, and of committees of the whole shall be kept
open, except in cases which may require secrecy; and each house may punish, by
fine or imprisonment, any person not a member who shall be guilty of disrespect
to the house by any disorderly or contemptuous behaviour in their presence, dur-
ing their session; provided, that such fines shall not exceed three hundred dollars,
and such imprisonment shall not exceed forty-eight hours, for one offence.
& 20. Neither house shall, without the consent of the other, adjourn for more
than two days at any one' time, nor to any other place than to that inwhich the
two houses may be sitting.
& 21. Bills may originate in either house, and may be altered, amended, or re-
iected by the other; and every bill shall be read on three different days in each
house, unless two thirds of the house where the same is depending shall dispense
with this rule; and every bill having passed both houses, shall be signed by the
speaker of the house of representatives, and by the president of the senate.
§ 22. When any officer, civil or military, shall be appointed by the joint or con-
current vote of both houses, or by the separate vote of either house of the general
assembly, the votes shall be publicly given viva voce, and entered on the journals.
The whole list of members shall be called, and the names of absentees shall be noted
and published with the journal.
§ 23. Senators and representatives shall, in all cases, except of 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 termi-
nation of each session ; and for any speech or debate in either house, they shall not
be questioned in any other place.
§ 24. The members of the general assembly shall severally receive from the pub-
lic treasury a compensation for their services, which may from time to time be in-
creased or diminished by law, but no alteration, increasing or tending to increase
the compens ation of members, shall take effect during the session^at which^such
alteration shall be made.
§ 25. The general assembly shall direct by law in what manner, and in what
courts, suits may be brought against the state.
§ 26. The general assembly shall have no power to pass laws.
First. For the emancipation of slaves without the consent of their owners, or with
STATE CONSTITUTION. 19
out paying them, before such emancipation, a full equivalent for such slaves so
emancipated; and
Second. To prevent bona fide emigrants to this state, or actual settlers therein,
from bringing from raiy of the United States, or from any of their territories, such
persons as may there be deemed to be slaves, so long as any persons of the same
description are allowed to be held as slaves by the laws of this state.
They shall have power to pass laws,
First. To prohibit the introduction into this state of any slaves who may have
committed any high crime in any other state or territory;
Second. To prohibit the introduction of any slave for the purpose of speculation,
or as an article of trade or merchandize;
Third. To prohibit the introduction of any slave, or the offspring of any slave,
who heretofore may have been, or who hereafter may be, imported from any
foreign country into the United States, or any territory thereof, in contravention
of any existing statute of the United States; and
Fourth. To permit the owners of slaves to emancipate them, saving the rights of
creditors, where the person so emancipating will give security that the slave so
emancipated shall not become a public charge.
It shall be their duty, as soon as may be, to pass such laws as may be necessary.
First. To prevent free negroes and mulattoes from coming to, and settling in this
state, under any pretext whatsoever; and
Second. To oblige the owners of slaves to treat them with humani4y, and to abstain
from all injuries to them extending to life or limb.
§ 27. In prosecutions for crimes, slaves shall not be deprived of an impartial trial
by jury, and a slav^e convicted of a capital otlence shall sutler the same degree of
punishment, and no other, tiian would be inflicted on a free white person for a Jike
offence; and courts of justice before whom slaves shall be tried, shall assign them
counsel for their defence.
§ 23. Any person who shall maliciously deprive of life, or dismember a slave,
shall suffer such punishment as v/ould be inflicted for the like offence if it were
committed on a free white person.
§ 29. The governor, lieutenant governor, secretary of state, auditor, treasurer,
attorney general, and all judges of the courts of law and equity, shall be liable to
impeachment for any misdemeanor in ofiice; but judgment in such cases shall not
extend farther than removal from ofhce, and disqualification to hold any office of
honor, trust, or profit, under this state.
§ 30. The hovise of representatives shall have tlie sole power of impeachment.
All impeachments shall be tried by the senate, and when sittin^j for that purpose
the senators shall be on oath or affirmation to do justice according to law and evi-
dence. When the governor shall be tried, the presiding judge of the supreme
court shall preside; and no person shall be convicted without the concurrence of
two thirds of the senators present.
§ 31. A state treasurer shall be biennially appointed by joint vote of the two
houses of the general assembly, who shall keep his office at the seat of government.
No money shall be drawn from the treasury but in consequence of a])propriations
made by law; and an accurate account of the receipts and expenditui'es of the
public money shall be annually published.
§ 32. The appointment of all officers, not otherwise directed by this constitution
shall be made in such manner as may be prescribed by law; and all officers, both
civil and military, under the authority of this state, shall, before entering on the
duties of their respective offices, take an oath or affirmation to support the consti-
tution of the United States, and of this state, and to demean themselves faithfully
in office.
§ 33. The general assembly shall meet on the third Monday in September next;
on the first Monday in November, eighteen hundred and twenty-one; on- the first
20 STATE CONSTITUTION.
Monday in November, eighteen hundred nnd twenty-two; and thereafter the gen-
eral assembly shall meet once in every two years, and such meeting shall be on the
first Monday in November, unless a diflerent day shall be appointed by law.
§ 34. No county now established by law shall ever be reduced by the establish-
ment of new counties to less than twenty miles square, nor shall any county here-
after be established which shall contain less than four hundred square miles.
§ 35. Within five years after the adoption of this constitution, all the statute
laws of a general nature, both civil and criminal, shall be revised, digested, and pro-
mulgated, in such manner as the general assembly shall direct; and a like revision,
digest, and promulgation, shall be made at the expiration of every subsequent pe-
riod of ten years.
§ 36. The style of the laws of this state shall be, " Be it enacted by tlie general
assembly of the slate of Missouri. "
ARTICLE IV..
Of the executive power,
1. Executive power vested in a governor;
2. Qualifications for governor.
3. Election of governor and term of service.
4. Ineligi'ile for four years.
5. Commander of militia and navy.
6. Remission of fines nnd pardons ^-c.
J 7. Governor to give information to general asBembly and may convene them.
5 8. To distrihute and enforce laws.
\ 9. Vacancies in ofiices, l;ow supplied.
j 10. Power and duty in the approval or disapproval of bills — general assembly to re-consider, rejected billiK.
C 11. Joint resolutions.
5 12. Auditor of public accounts, Iiow appointed, duties &c.
\ 13. Compensation of governor — not lo he Increased ordiminished so as to affect Incumbent,
{ 14 Lieutenant governor, election and qualification.
5 15. Lieutenant governor to be president of the senate.
I 16. Wi.o to act as governor in case of vacancy S(c.
J 17. Election to supply vacancy, wlien to be ordered.
{ 18. Compensation of tl;e lieutenant governor, and president of thtt aeaatt.
{ 19. Returns of elections of governor and lieutenant governor.
k 20. Contested elections
S 21. Secretary of slate, appointment, term of service, duties.
5 22. Seal of state.
\ 23. Sberilf and coroner to be appointed.
0 24. Vacancies in office of sleiifl'and coroner, how filled.
J 25. Elect iou of BLeriif or coroner in case of a tie or contested election,
§ 1. The supreme executive power shall be vested in a chief magistrate, who*
shall be styled " The Governor of the state of Missouri. "
§ 2. The governor shall be at least thirty-five years of age, and a natm'al born-
citizen of the United States, or a citizen at the adoption of the constitution of the
United States, or an inhabitant of that part of Louisiana now included in the state
of Missouri at the time of the cession thereof from France to the United States,
and shall have been a resident of the same at least four years next preceding his
election.
§ 3. The governor shall hold his office for four years, and until a successor be
duly appointed and qualified. He shall be elected in the manner following: At
the time and place of voting for members of the house of representatives, the qual-
ified electors shall vote for a governor; and when two or more persons have an
equal number of votes, and a higher number than any other person, the election
shall be decided between them by a joint vote of both houses of the general assem-
bly at their next session.
§ 4. The governor shall be ineligible for the next four years after the expiration
of his term of service.
§ 5. The governor shall be commander in chief of the militia and navy of this
state, except when they shall be called into the service of the United States; bu-t
STATE CONSTITUTION.. 21
he need not command in person, unless advised so to do ])y a resolution of the gen-
eral assembly.
§ 6. The governor shall have power to remit fines and forfeitures, and, except in
cases of impeachment, to grant reprieves and pardons.
§ 7. The governor shall, from time to time, give to the general assembly inform-
ation relative to the state of the government, and shall recomanend to their consid-
eration such measures as he shall deem necessary and expedient. On extraordin-
ary occasions, he may convene the general assembly by proclamation, and shall
state to them the purposes for which they are convened.
§ 8. The governor shall take care that the laws be distributed and faithfully exe-
cuted; and he shall be a conservator of the peace throughout the state.
§ 9. When any office shall become vacant, the governor sh?ll appoint a person
to fill such vacancy, who shall continue in office until a successor be dtdy appoin-
ted and qualified according to law.
§ 10. Every bill which shall have been passed by both houses of the general as-
sembly, shall, before it becomes a law, be presented to the governor for his appi^o-
bation. If he approve, he shall sign it; if not, he shall return it, with his objections,
to the house in which it shall have originated, — and the house shall cause the ob-
jections to be entered atlorge on its journals, and shall proceed to reconsider tho
bill. If, after such reconsideration, a majority of all the members elected to that
house shall agree to pass the same, it shall be sent, together with the objections, to
the other house, by which it shall be in like manner reconsidered, and if approved
by a majority of all the members elected to that house, it shall become a law. In
all such cases, the votes of both houses shall be taken by yeas and nays, and the
names of the members voting for and against the bill shall be entered on the jour-
nals of each house respectively. If any bill shall not be returned by the governor
within ten days (Sundays excepted) after it shall have been presented to him, the
same shall become a law in like manner as if the governor had signed it, unless the
general assembly by its adjournment shall prevent its return, in which case it shall
not become a law.
§ 11. Every resolution to which the concurrence of the senate and house of rep-
resentatives may be necessary, except on cases of adjournment, shall be presented
to the governor, — and before the same shall take effect, shall be proceeded upon in
the same manner as in the case of a bill.
§ 12. There shall be an auditor of public accounts, whom the governor, by and
with the advice and consent of the senate, shall appoint. He shall continue in
office four years, and shall perform such duties as may be prescribed by law. His
office shall be kept at the seat of government.
§ 13. The governor shall, at stated times, receive for his services an adequate
salary, to be fixed by law, which shall be neither increased nor diminished during his
continuance in office, a?if)?it7/ic/i shall neve)' be less than two thousand dollars annually.
§ 14. There shall be a lieutenant governor, who shall be elected at the same time,
in the same manner, for the same term, and shall possess the same qualifications as
the governor. The electors shall distinguish for whom they vote as governor, and
for whom as lieutenant governor.
§ 15. The lieutenant governor shall, by virtue of his office, be president of the sen-
ate. In committee of the whole he may debate on all questions; and when there is
an equal division, he shall give the casting vote in senate, and also in joint vote of
both houses.
§ 16. When the office of governor shall become vacant, by death, resignation,
absence from the state, removal from office, refusal to qualify, impeachment, or
otherwise, the lieutenant governor, or in case of like disability on his part, the
president of the senate pro tempore, or if there be no president of the senate pro
tempore, the speaker of the house of representatives, shall possess all the powers,
and discharge all the duties of governor, and shall receive for his services the like
22 STATE CONSTITUTION.
compensation, until such vacancy be filled, or the governor so absent or impeached
shall return or be acquitted.
§ 17. Whenever the oflSce of governor shall become vacant, by death, resigna-
tion, removal from office, or otherwise, the lieutenant governor, or other person
exercising the powers of governor for the time being, shall, as soon as may be,
cause an election to be held to fill such vacancy, giving three months previous
notice thereof; and the person elected shall not thereby be rendered ineligible to
the office of governor for the next succeeding term. Nevertheless, if such vacan-
cy shall happen within eighteen months of the end of the term for which the late
governor shall have been elected, the same shall not be filled.
§ 18. The lieutenant governor, or president of the senate pro tempore, while
presiding in the senate, shall receive the same compensation as shall be allowed to
the speaker of the house of representatives.
§ 19. The returns of all elections of governor and lieutenant governor shall
be made to the secretary of state, in such manner as may be prescribed by law.
§ 20. Contested elections of governor and lieutenant governor shall be decided
by joint vote of both houses of the general assembly, in such manner as may be
prescribed by law.
§21. There shall be a secretary of state, whom the governor by and with the
advice and consent of the senate shall appoint. He shall hold his office for four
years unless sooner removed on impeachment. He shall keep a register of all the
official acts and proceedings of the governor, and when necessary shall attest them;
and he shall lay the same, together with all papers relative thereto, before either
house of the general assembly whenever required so to do, and shall perform such
other duties as may be enjoined on him by law.
§ 22. The secretary of state shall, as soon as may be, procure a seal of state^
with such emblems and devices as shall be directed by law, which shall not be sub-
ject to change. It shall be called the" Great Seal of the state of Missouri-^'' shall be
kept by the secretary of state, and all official acts of the governor, disapprobation
of the laws excepted, shall be thereby authenticated.
§ 23. There shall be appointed in each county a sheriff and a coroner, who, until
the general assembly shall otherwise provide, shall be elected by the qualified
electors at the time and place of electing representatives. They shall serve for
two years, and until a successor be duly appointed and qualified, unless sooner re-
moved for misdemeanor in office, and shall be ineligible four years in any period of
eight years. The sherift^ and coroner shall each give security for the faithful dis-
charge of the duties of his office in such manner as shall be prescribed by law.
Whenever a county shall be hereafter established, the governor shall appoint a
sheriff and coroner therein, who shall each continue in office until the next suc-
ceeding general election, and until a successor shall be duly qualified.
§ 21. When vacancies happen in the office of sheriff or coroner, they shall be
filled by appointment of the governor; and the persons so appointed shall continue
in office until successors shall be duly qualified, and shall not thereby be rendered
ineligible for the next succeeding term.
§ 25. In all elections of sheriif and coroner, when two or more persons have an
equal number of votes, and a higher number than any other person, the circuit
courts of the counties, respectively, shall give the casting vote; and all contested
elections for the said offices shall be decided by the circuit courts respectively, iii
such maaner as the general assembly may by law prescribe.
ARTICLE V.
Of the Judicial Powei\
h 1. Judicial power in what courts vested!
0 2' Jurisdiction of eupreme court.
STATE CONSTITUTION* 23
J 3. Control over inferior courts — shall have power to issue certain writs.
{ 4. Supreme court, of how many judges it shall consist.
b 5. Of Judicial Uisliicts.
0 6. Circuit court jurisdiction — terms.
D 7. Of judicial circuits.
5 8. Coutri'l over inferior courts.
8 9. Chancery court jurisdiction.
5 10. Chancery jurisdiction.
{ 11 Inferior courts of chancery may bo established.
6 12. Of inferior tribunals.
5 13. Appointment of judges.
V 14- Qualifications of judges.
5 15. Clerks of courts.
5 16. Judges, how removed.
8 17 Justices of the peace.
0 18. Attorney General.
9 19 Style of writs and process — of indictments.
§1. The judicial power as to matters of law and equity, shall be vested in a
^'■supreme court ^'' in a '•^chanceUor.,^'' in '■''circuit courts^'' and in such inferiox*
tribunals as the general assembly may from time to time, ordain and establish.
§ 2. The supreme court, except in cases otherwise directed by this constitution,
shall have appellate jurisdiction only, which shall be co-extensive with the state
under the restrictions and limitations, in this constitution provided.
§ 3. The supreme court shall have a general superintending control over all infe-
rior courts of law. It shall have power to issue writs of habeas corpus, mandamus,
quo warranto, certiorari, and other original remedial writs ; and to hear and deter-
mine the same.
§ 4. The supreme court shall consist of three judges, any two of whom shall
be a quorum; and the said judges shall be conservators of the peace throughout
the state.
§ 5. The state shall be divided into convenient districts, not to exceed four, in
each of which the supreme court shall hold two sessions annually, at such place
as the general assembly shall appoint; and when sltiing in either district, it shall
exercise jurisdiction over causes originating in that district only; pt'ovided how-
ever, that the geiieral assembly may at any time hereafter direct by law, that the
said court shall be held at one place only.
§ 6. The circuit court shall have jurisdiction over all criminal cases which shall
not be otherwise provided for by law; and exclusive original jurisdiction in all
civil cases which shall not be cognizable before justices of the peace, until other-
wise directed by the general assembly. It shall hold its terms in such place in
each county as may be by law directed.
§ 7. The state shall be divided into convenient circuits, for each of which a judge
shall be appointed, who after his appointment, shall reside, and be a conservator
of the peace within the circuit for which he shall be appointed.
§ 8. The circuit court shall exercise a superintending control over all such infe-
rior tribunals as the the general assembly may establish, and over justices of the
peace in each county in their respective circuits.
§ 9. The jurisdiction of the court of chancery shall he co-extensive with the state,
andthetimes and places of holding its sessions shcill be regulated in the same manner as
those of the siqireme court.
§ 10. T\\Q court of chancery &\\^\ have original and appellate jurisdiction in all
matters of equity, and a general control over executors, administrators, guardians
and minors, subject to appeal in all cases to the supreme court, under such limita-
tions as the general assembly may by law provide.
§ 11. Until the general assembly shall deem it expedient to establish inferior
courts of chancery, the circuit courts shall have jurisdiction in matters of equity,
subject to appeal to the court of chancery, in such manner, and under such restric-
tions, as shall be prescribed by law.
§ 12. Inferior tribunals shall be established in each county for the transaction of
all county business, for appointing guardians, fgr granting letters testamentary
24 ' STATE CONSTITUTION.
and of administration, and for settling the accounts of executors, administratoi'S
and guardians.
§ 13. The governor shall nominate, and by and with the advice and consent of
the senate, appoint the judges of the supreme court, the judges of the circuit courts,
and the chancellor, each of whom shall hold his office during good behaviour; and
shall receive for his services a compensation which shall not be diminished during
his continuance in office, and which shall not be less than two thousand dollars an-
nually.
§ 14. No person shall be appointed a judge of the supreme court, nor of a cir-
cuit court, nor chancellor,before he shall have attained to the age of thirty years;
nor shall any person continue to exercise the duties of any of said offices after he
shall have attained to the age of sixty five years.
§ 15. The courts respectively shall appoint their clerks, who shall hold their offi-
ces during good behaviour. For any misdemeanor in office they shall be liable to
be tried and removed by the supreme court, in such manner as the general assem-
bly shall by law provide.
§ 16. Any judge of the supreme court or the circuit court, or the chancelloi , may
be removed from office on the address of two thirds of each house of the general
assembly to the governor for that purpose; but each house shall state on its re-
spective journal the cause for which it shall wish the removal of such judge or
chancellor, and give him notice thereof, and he shall have the right to be heard in
his defence in such manner as the general assembly shall by law direct; but no
judge nor chancellor shall be removed in this manner for any cause for which he
might have been impeached.
§ 17. In each county' there shall be appointed as many justices of the peace as
the public good may be thought to require. Their powers and duties, and their
duration in office, shall be regulated by law.
§ 18. An attorney general shall be appointed by the governor, by and with the
advice and consent of the senate. He shall remain in office four years, and shall
perform such duties as shall be required of him by law,
§ 19. All writs and process shall run, and all prosecutions shall be conducted, in
the name of the ^^State of Missouri;'''' all writs shall be tested by the clerk of the
court from which they thall be issued, and all indictments shall conclude, ^'-against
ihepeacc and dignity of the State*''''
ARTICLE VI.
Of Education.
I 1. Education shall be encouraged — LeEislature shall preserve lands from waste and damage.
} 2. University lands to be improved and funds properly applied.
§ 1. Schools and the means of education shall forever be encouraged in this
state; and the general assembly shall take measures to preserve from waste or
damage such lands as have been, or hereafter may be granted' by the United States
for the use of schools within each township in this state, and shall apply the funds
which may arise from such lands in strict conformity to the object of the grant:
one school, or more shall be established in each township as soon as practicable
and necessary, where the poor shall be taught gratis.
§ 2. The general assembly shall take measures for the improvement of such
lands as have been, or may hereafter be granted by the United States to this
state for the support of a seminary of learning; and the funds accruing from such
lands by rent or lease, or in any other manner, or which may be obtained from any
other source for the purposes aforesaid, shall be and remain a permanent fund to
support a university for the promotion of literature, and of the arts and sciences;
and it shall be the duty of the general assembly, as soon as may be, to provide
STATE CONSTITUTION. 25
«frectual means for the improvement of such lands, and for the improvement and
permanent security of the funds and endowments of such institution.
ARTICLE VII.
Of Internal Improvement.
Internal Improvements shall be forever encourngetl — roads and navigable waters to bo provided for by law.
Internal improvement shall forever be encouraged by the government of this
state; and it shall be the duty of the general assembly, as soon as may be, to make
provision by law for ascertaining the most proper objects of improvement in rela-
tion to roads and navigable waters; and it shall also be their duty to provide by law
for a systematic and economical application of the funds appropriated to those ol>
jects.
ARTICLE VI I L
Of Banks,
One bank and five branches may be established and no more — capital stock not to exceed five millions of dollars.
The general assembly may incorporate one banking company, and no more to
be in operation at the same time.
The bank to be incorporated may have any number of branches, not to exceed
five, to be established by law; and not more than one branch shall be established
at any one session of the general assembly. The capital stock of the bank to be
incorporated shall never exceed five millions of dollars, at least one half of which
shall be reserved for the use of the state.
ARTICLE IX.
Of the Militia.
h \. Militia officers how appointed and by whom.
5 2. Of staff officers.
§ 3. Adjutant general.
§ 1. Field officers and company officers shall be elected by the persons subject to
militia duty within their respective commands. Brigadiers general shall be elected
by the field officers of their respective brigades; and majors general by the brigaf
diers and field oftlcers of their respective divisions, until otherwise directed by law.
§ 2. General and field officers shall appoint their officers of the staff".
§ 3. The governor shall appoint an adjutant general, and all other militia officers;
whose appointments are not otherwise provided for in this constitution.
ARTICLE X.
Of Miscellaneous Provisions.
5 ] . General assembly not to interfere with the disposal of the soiL
} 2. Of navigation.
§ ]. The general assembly of this state shall never interfere with the primary
disposal of the soil by the United States, nor with any regulation congress may
find necessary for securing the title in such soil to the bona fide purchasers. No
tax shall be imposed on lands the property of the United States, nor shall lands be-
longmg to persons residing out of the limits of this state ever be taxed higher than
the lands belonging to persons residing within the state.
5
26 STATE CONSTITUTION.
§ 2. The state shall have concurrent jurisdiction on the river Mississippi, and on
every other river bordering on the said state, so far as the said river shall form a
common boundary to the said state and any other state or states now, or hereafter
to be formed, and bounded by the same; and the said river Mississippi, and the
navigable rivers and waters leading into the same, whether bordering on, or within
this state, shall be common highways, and forever free to the citizens of this state
and of the United States, without any tax, duty, impost or toll therefor imposed by
the state.
ARTICLE XI.
Of the permanent seat of Government,
$ 1. Commissioners to be appointed.
5 2. A site to be selected, witliin what limits.
$ 3. General assembly to determine the location.
§ 1. The general assembly at their first session shall appoint five commissioner^
for the purpose of selecting a place for the permanent seat of government, whose
duty it ^hall be to select four sections of the land of the United States which shall
not have been exposed to public sale.
§ 2. If the commissioners believe the four sections of land so by them to be
selected be not a suitable and proper situation for the permanent seat of govern-
ment, they shall select such other place as they deem most proper for that purpose,
and report the same to the general assembly at the time of making their report
provided for in the first section of this article; provided, that no place shall be
selected which is not situated on the bank of the Missouri river, and within forty
miles of the mouth of the river Osage.
§ 3. If the general assembly determine that the four sections of land which may
be selected by authority of the first section of this article, be a suitable and proper
place for the permanent seat of government, the said commissioners shall lay out a
town thereon, under the direction of the general assembly; but if the general
assembly deem it most expedient to fix the permanent seat of government at the
place to be selected by authority of the second section of this article, they shall
so determine, and in that event shall authorize the said commissioners to purchase
any quantity of land not exceeding six hundred and forty acres, which may be ne-
cessary for the purpo.se aforesaid ; and the place so selected shall be the perm-iDcnt
seat of government of this state from and after the first day of October, one thou-
gand eight hundred and twenty-six.
§ 4. The general assembly, in selecting the above mentioned commissioners,
chall choose one from each extreme part of the state, and one from the centre, and it
shall require the concurrence of at least three of the commissioners to decide upon
any part of the duties assigned them.
^ ARTICLE XII.
Mode of amending the Constitution.
Botr amendments are to be proposed, and bow ratified-
The general assembly may at any time propose snch amendments to this con-
Btitution as two thirds of each house shall deem expedient, which shall be publish-
ed in all the newspapers published in this state three several times, at least twelve
months before the next general election; and if at the first session of the general
assembly after such general election, two thirds of each house shall, by yeas and
nays, ratify such proposed amendments, they shall be valid to all intents and purpo-
ses as parts of this constitution; provided that such proposed amendments shall bo
STATE CONSTITUTION. 27
?e"ad on three several days, in each house, as well when the same are proposed, at
when they are finally ratified.
ARTICLE XIII.
Declaration of Rights
1. Sovereign power vested in the people.
2- The people liave sole right to alter or abolish the constitution.
3- Risht of protection, bearing arms, ^-c.
4. Ri;.'hts of conscience, religious opinions, &c.
5. Corporations.
6. Of elections.
7. Administration of justice.
8. Of trial by jury.
9 Rights of accused in criminal cases.
10. No person to be twice tried for same oaoncc.
11. Bail and habeas corpus.
12. Hail and fines.
13. No search except on oatb.
14. Prosecutions for crimes by indictmentB.
36. Treason, evidence, conviction,
16. Freedom of speech and of the presa,
17. Expost facto laws &c.
18. Exempt from military duty.
19. Taxation.
20. Titles of nobility.
21. Of migration.
22. Military power shall te in subordination to civil power.
That the general, great and essential principles of liberty and free government
may be recognized and Ci>tablished, we declare,
1. TiiaC all pulit-ical jjower is vested in, and derived from the people:
2. That the people of this state have the inherent, sole, and exclusive right of
regulating the intei-nal government and police thereof, and of altering and abolish-
ing their constitution and form of government, whenever it may be necessary to _
their safety and happiness:
3. That thepcople have the rightpeaceably to assemble fortheircommongood,and
to apply to those vested Vv'ith the powers of government for redress of grievances,
by petition or remonstrance; and that their right to bear arms in defence of them-
selves and of the state cannot be questioned:
4. That all men have a natural and indefeasible right to worship Almighty God
according to the dictates of their ovvn consciences; that no man can be compelled
to erect, support or attend any place of worship, or to maintain any minister of the
gospel or teacher of religion; that no humian authority can control or interfere
with the rights of conscience; that no person can ever be hurt, molested or re-
strained in his religious professions or sentiments, if he do not disturb others in their
rellgioi^s worship:
_ 5. That no person on account of his religious opinions, can be rendered ineli-
gible to any office of trust or profit under this state; that no preference can ever be
given by lav/ to any sect or rr.ode of worship; and that no religious corporation coji
ever be established in this state:
6. That all elections shall be free and equal:
7. That courts of justice ought to be open to every person, and certain remedy
afforded for every injury to person, property, or character; and that right and
justice ought to be administered without sale, denial, or delay; and that no private
pioperty ought to be taken or applied to public use, without just compensation.
3. That the ngtit of trial hy jury shall remain inviolate:
_ 9. That in all criminal prosecutions, the accused has the right to be heard by
himself and his counsel; to demand the nature and cause of accusation; to have
compulsory process for v/itnessess in his favor; to meet the witnesses against
him face to face; and, in prosecutions on presentment or indictment, to a speedy
trial by an impartial jury of the vicinage; that the accused cannot be compelled to
28 STATE CONSTITUTION,
give evidence against himself, nor be deprived of life, liberty, or property, ^but by'
the judgment of his peers or the law of the land:
10. That no person, after having been once acquitted by a jury, can for the same
offence, be again put in jeopardy of life or limb; but if in any criminal prosecution
the jury be divided in opinion at the end of the term, the court before which the
trial shall be hod may, in its discretion, discharge the jury, and commit or bail the
accused for trial at the next term of such court:
11. That all persons shall be bailable by sufficient sureties, except for capital
offences when the proof is evident or the presumption great: and the privilege of
the writ ol habeas corpus cannot be suspended, unless when, in cases of rebellion
or invasion, the public safety may require it:
12. That excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted:
13. That the people ought to be secure in their persons, papers, houses, and
effects, Irom unreasonable searches and seizures; and no warrant lo search any
place, or seize any person or thing, can issue, without describing the place to be
searched, or the person or thing to be seized, as nearly as may be, nor without prob-
able cause, supported by oath or affirmation:
14. That no person can, for an indictable offence, be proceeded against criminal-
ly by information, except in cases arising in the land or naval forces, or in the
mihtia when in actual service in time of war or public danger, or by leave of the
court, for oppression or misdemeanor in office :
15. That treason against the state can consist only in levying war against it, or
m adhering to its enemies, giving them aid and comfort ;tha't no'person can be con-
victed of treason unless on the testimony of two witnesses to the same overt act, or
on his own confession in open court; that no person can be attainted of treason or
leloiiy by the general assembly ; that no conviction can work corruption of blood of
forfeiture of estate; that the estates of such persons as may destroy their own
lives shall descend or vest as in cases of natural death; and when any person shall
be killed by casualty, there ought to be no forfeiture by reason thereof:
16. That the tree communication of thoughts and opinions is one of the invalua-
ble rights of man, and that every person may freely speak, write and print on any
subject, being responsible for the abuse of that liberty; that in all prosecutions for
libels, the truth thereof may be given in evidence, and the jury may determine the
law and the facts under the'direclion of the court:
17. That no exposl facto law, nor law impairing the obligation of contracts, or ret-
rospective in its operation, can be passed, nor can the person of a debtor be impris-
oned lor debt after he shall have surrendered his property for the benefit of his
creditors, in such manner as may be prescribed by law:
18. That no person who is religiously scrupulous of bearing arms, can be com-
pelled to do so, but may be compelled to pay an equivalent for military service,
in such manner as may be prescribed by law; and that no priest, preacher of the
gospel, or teacher of any religious persuasion or sect, regularly ordained as such,
be subject to military duty, or compelled to bear arms:
19. That all property subje ct to taxation in this state shall be taxed in proportion
to its value:
20. That no title of nobility, hereditary cmolum^ent, privilege or distinction shall
be granted, nor any oliice created the duialicn of which shall be longer than the
good behaviour of the officer appointed to fill the same:
21. That the migration from this state cannot be prohibited:
22. That the military is, and in all cases and at all times shall be, in strict subor-
dination to the civil power; that no soldier can, in time of peace, be quartered in
any house without the consent oS the owner, — nor in time of war, but in such
manner as may be prescribed by law; nor can any appropriation for the support of
an army be made for a longer period than two years.
STATE CONSTITUTION. 29
SCHEDULE.
$ 1. Writs, actions &c, not affected tiy change of government.
5 2. Territorial laws.
$ 3. Of fines &c.
5 4. recognizances, bonds, criminal prosecutions i^-c.
5 5. Of otl;er officers.
$ 6. Of first meetinff of general assombly.
5 7. Apportionment of representation.
5 8. Senatorial districts.
$ 9. Writs for first election.
$ 10. Returns of votes for governor ^o»
5 11. Oath of otlice.
5 12. Seal of state.
§ 1. That no inconvenience may arise from the change of government, we de*
clare that all writs, actions, prosecutions, judgments, claims, and contracts of indi-
viduals and of bodies corporate, shall continue as if no change had taken place;
and all process which may, before the third Monday in September next, be issued
under the authority of the Territory of Missouri, shall be as valid as if issued in
the name of the state.
§ 2. All laws now in force in the Territory of Missouri which are not repugnant
to this constitution, shall' remain in force until they expire by their own limitations,
or be altered or repealed by the general assembly.
§ 3. All fines, penalties, forfeitures and escheats accruing to the Territory of
Missouri, shall accrue to the use of the state.
§ 4. All recognizances heretofore taken, or which may be taken before the third
Monday in September next, shall remain valid, and shall pass over to, and may
be prosecuted in the name of the state; and all bonds executed to the governor of
the territory, or to any other officer or court in his official capacity, shall pass over
to the governor or other proper state authority, and to their successors in office,
for the uses therein respectively expressed, and may be sued for and recovered
accordingly. All criminal prosecutions and penal actions which have arisen, or
which may arise before the third Monday in September next, and which shall
then be depending, shall be prosecuted to judgment and execution in the name pf
the state. All actions at law wdiich now are, or which, on the third Monday in
September next, may be depending in any of the courts of record in the territory
of Missouri, may be commenced in, or transferred to any court of record of the
state which shall have jurisdiction of the subject matter thereof; and all suits in
equity may, in like manner, be commenced in, or transferred to any court of
chancery.
§ 5. All officers civil and military now holding commissions under authority of
the United States, or of the Territory of Missouri, shall continue to hold and ex-
ercise their respective offices until they shall be superceded under the authority of
the state; and all such officers holding commissions under the authority of the Ter-
ritory of Missouri shall receive the same compensation which they have hitherto
received, in proportion to the time they shall be so employed.
§ 6. The first meeting of the general assembly shall be at St. Louis, with power
to adjourn to any other place; and the general assembly at the first session there-
of, shall fix the s^eat of government until the first day of' October, one thousand
eight hundred and twenty-six; and the first session of the general assembly shall
have power to fix the compensation of the members thereof, any thing in the con-
gtitution to the contrary notvv'ithstanding.
§ 7. Until the first enumeration shaH^be made, as directed in this constitution*
the county of Howard shall be entitled to eight representatives; the county of
Cooper to four representatives; the county of Montgomery to two representatives;
the county of Lincoln to one representative; the county of Pike to two represen-
tatives; the county of St. Charles to three representatives; the county of St. Louis
30 STATE CONSTITUTION.
to six representatives; the county of Franklin to two representatives; the county
of Jefferson to one representative; the county of Washington to tw^o representa-
tives; the county of Ste. Genevieve to four representatives; the county of Cape
Girardeau to four representatives; the county of New Madrid to two representa-
tives; the county of Madison to one representative; the county of Wayne to one
representative; and that part of the county of Lawrence situated within this state,
shall attach to, and form part of the county of Wayne until otherwise provided by
law, and the sheriff of the county of Wayne shall appoint the judges of the first
election, and the place of holding the same, in the part thus attached: and any per-
son who shall have resided within the limits of this state five months previous to
the adoption of this constitution, and who shall be otherwise qualified as prescribed
in the third section of the third article thereof, shall be eligible to the house of re-
presentatives, any thing in this constitution to the contrary notwithstanding.
§ 8. For the first election of senators, the state shall be divided into districts, and
the apportionment shall be as follows, that is to say: the counties of Howard and
Cooper shall compose one district, and elect four senators; the counties of Mont-
gomery and Franldin shall compose one district, and elect one senator; the county
of St. Charles shall compose one district, and elect one senator; the counties of
Lincoln and Pike shall compose one district, and elect one senator; the county of
St. Louis shall compose one district, and elect two senators; the counties of Was-
hington and Jefferson shall compose one district, and elect one senator; the county
of Ste. Genevieve shall compose one district, and elect one senator; the counties
of Madison and Wayne shall compose one district and elect one senator; the coun-
ties of Cape Girardeau and New Madrid shall compose one district, and elect two
senators; and in all cases where a senatorial district coiisists of more than one
county, it shall be the duty of the clerk of the county second named in that district,
to certify the returns of the senatorial election within their proper county to the
clerk of the county first named, within five days after he shall have received the
same; and any person who shall have resided within the limits of this state five
months previous to the adoption of this constitution, and who shall be otherwise
qualified, as prescribed in the fifth section of the third article thereof, shall be eli-
gible to the senate of this state, any thing in this constitution to the contrary not-
withstonding.
§ 9. Ihe president of the convention shall issue writs of election to the sheriffs
of the several counties (or in case of vacancy to the coroners) requiring them to
cause an election to be held on the fourth Monday in August next, for a governor,
a lieutenant governor, a representative in the congress of the United States for
the residue of the sixteenth congress; a representative for the seventeenth con-
gress; senators and representatives for the general assembly, sheriffs and coroners;
and the returns of all township elections held in pursuance thereof, shall be made
to the clerk of the proper county within five days after the day of election; and
any person who shall reside within the limits of this state at the time of the adop-
tion of this constitution, and who shall be otherwise qualified as prescribed in the
tenth section of the third article thereof, shall be deemed a qualified elector, any
thing in this constitution to the contrary notwithstanding.
§ 10. The elections shall be conducted according to the existing laws of the
Missouri territory. The clerks of the circuit courts of the several counties shall
certify the returns of the election of governor and lieutenant governor, and trans-
mit the same to the speaker of the house of representatives at the temporary seat
of government, in such time that they may be received on the third Monday of
September next. As soon as the general assembly shall be organized, the speaker
of the house of representatives and the president pro tempore of the senate shall,
in the presence of both houses, examine the returns, and declare who are duly
elected to fill those offices, and if any two or more persons shall have an equal
number of votes, and a higher number than any other person, the general assembly
STATE CONSTITUTION. 31
shall determine the election in the manner herein before provided: and the returns
of the election for member of congress shall be made to the secretary of state
within thirty days after the day of election.
§ 1 1. The oaths of office herein directed to be taken, may be administered by
any judge or justice of the peace, until the general assembly shall otherwise
direct.
§ 12. Until a seal of state be provided, the governor may use his private seal.
Done by the representatives of the people of Missouri in convention assembled,
at the town of St. Louis, on the nineteenth day of July, in the year of our
Lord one thousand eight hundred and twenty, and of the independence of
the United States of America the forty-fifth.
DAVID BARTON,
President of the convention^ and represeU'
tative from the county of St. Louis.
From the county of Cape Girardeau.
Stephen Byrd, Alexander Buckner,
James Evans, Joseph M'Ferron.
Richard S. Thomas,
From the county of Cooper.
Robert P. Clark, William Lillard.
Robert Wallace,
From the county of Franklin.
John G. Heath.
From the county of Hoicard.
Nich's S. Burckhartt, Jonathan S. Findlay,
Duft' Green, Benjamin H. Reeves.
John Ray,
From the county of Jefferson*
S. Hammond.
From the county of Lincoln.
Malcolm Henry.
From the county of Montgomery.
Jonathan Ramsay, James Talbott.
From the county of Madison^
Nathaniel Cook.
From the county of New-Madrid.
Robert D. Dawson, Christopher G. Houts,
From the county of Pike^
Stephen Cleaver.
From the county of St. Charles^
Hiram H. Baber, Nathan Boone.
Benjamin Emmons,
From the county of Sie. Genevieve,
R. T. Brown, John D. Cook,
H. Dodge, John Scott.
32 STATE CONSTITUTION.
From the county of St. Louis.
Edward Bates, Pierre Chouteau, Jun.
A. M'Naiv, Bernard Pratte.
William Rector, Thomas F. Riddick.
John C. Sullivan,
Fro?n the county of Washington^
J no. Rice Jones John Hutchings.
Samuel Perry,
From the county of Wayne,
Elijah Bettis.
Attest, WM. G. PETTUS, Secretary of the convention.
AMENDMENTS TO THE CONSTITUTION,
Proposed by the last general assembly, at their special session in June, one thou-
sand eight hundred and twenty-one, and ratified by this general assembl y at
their first session, begun and held at St. Charles, on the first Monday of No-
vember, one thousand eight hundred and twenty-two.
§ 1. Of chancery courts.
5 2. Judiciary powers.
$ 3. Coijipcnsation of judces,
^ 4. Of United States Officers.
5 5. Salary of governor.^
$ 6. Salaries of judges.
§ 7. E.\piration of judges commission.
§ 1. The office of chancellor is hereby abolished, and the supreme court and
circuit courts shall exercise chancery jurisdiction, in such manner and under such
restriction as shall be prescribed by law.
Passed in senate — yeas fifteen, nays one; ratified by the house of representa-
tives— yeas forty-six, nays five.
§ 2. The judicial power, as to matters of law and equity, shall be vested in a
supreme court, in circuit courts, and in such inferior tribunals as the general as-
sembly may, from time to time, ordain and establish; provided, the general assem-
bly may establish a court or courts of chancery, and from time to time prescribe
the jurisdiction, powers and duties thereof.
Passed in the senate — yeas fifteen, nays one; ratified by the house of represen-
tatives— yeas forty-nine, nays two.
§ 3. The judges of the supreme court, and the judges of circuit courts and chan-
cellor, shall at stated times receive a compensation for their services, to be fixed by
law.
Passed in senate — yeas twelve , nays four; ratified by the house of repre-
sentatives— yeas forty-five, nays seven.
§ 4. No person holding an office of profit under the United States, and commis-
sioned by the president, shall, during his continuance in such office, be eligible,
appointed to, hold, or exercise, any office of profit under the state.
Passed in senate — yeas sixteen; ratified by the house of representatives —
yeas forty-nine, nays two.
§ 4. So much of the thirteenth section of the fourth article of the constitution of
this state, as provides that the compensation of the governor shall never be less,
than two thousand dollars annually, shall be repealed.
STATE CONSTITUTION. 33
fifty-one'? '"^ '^^^^^-^"^^ ^^^^^^"5 ratified by the house of representatives-yeas
thjtLf''"'''''^''!"^^'^!'"'^^''^''''^^^^^'^^*^^^^^'^ ^^'ticle of the constitution ,f
this state, as provides that the compensation of the jud-es of the supreme and
sTall" beTne:r;d' ' P '''^j'-^ ^''" ""'''' '^ '''' ^'^^ ^^^ thousand ddSaruX^
lel'w::^[t'J;^^^^ " senate_yeas sixteen; ratified by the house of reprel
. § 7. The offices of the judges of the supreme court and of the iudn-es of the
circuit courts shall expire at the end of the first session of the next^enexal
nZVT/ % T'^^^' ""' ''' '°°" ""^ ^"^''' successors are respectively elecfed and
re^rtltJ '"^ 'T'^-y^""' f^^^^'^^'"' "'^>^^ ^wo; ratified by the house of
representatives— yeas forty, nays eleven.
WILLIAM H. ASHLEY,
TTx^^x^,, P^'Gsident of the Senate.
HENRY S. GEYER, '
Speaker of the House of Representatives, and member from St. Louis county.
John S. Ball,
A. Buckner,
Benjamin Emmons,
David Logan,
Benjamin H. Reeves,
B. Young.
MEMBERS OF THE SENATE.
William Biggs,
Abraham Byrd,
Duff'Gi'een,
James M'Allister,
James Talbott,
Joseph Bogy,
Bennet Clark,
David Jones,
Samuel Perry,
A. J. Williams,
BERNARD O'NEILL, Secretary of the Senate.
MEMBERS OF THE HOUSE OF REPRESE2SrTATIVE?.
Alfred Basye,
George Burckhartt,
Isaac Clark,
Philip Cole,
Jos. Evans,
B. Gooch,
Frederick Hyatt,
James Kegans,
Augustan Longan,
Isidore Moore,
Jordan O'Bryan,
Samuel C. Owens,
James H. Relfe,
George H. Scripps,
Chauncy Smith,
Stephen Trigg,
Robert William Wells,
E. Bates,
Nich's S. Burckharttj
Simon Cockrell,
Daniel Dunklin,
Asa Finly,
John Hall,
WilUam Johnson,
Richard Kerr,
S. B. M'Knight,
James W. Moss,
John O'Fallon,
Jonathan Ramsay,
Edmund Rutter,
Robert Simpson,
Robert M. Stevenson,
Richard H. Waters,
D. C. Westerfield,
Elijah Bettis,
G. A. Bird,
Nathaniel Cook,
John Inglish,
Joseph Frizel,
Benj. F. Hickox,
Peter Journey,
Henry Line,
John Miller,
James North,
Ignatius P. Owens,
Stephen Rector,
Felix Scott,
Philip Sitton,
George Tavlor,
N. W. Watkins,
Peter Wright.
THOMPSON DOUGLASS,
Clerk of the House of Bepresentatives,
«4 STATE CONSTITUTION.
AMENDMENTS TO THE CONSTITUTION,
Proposed by the General Assembly, at thdr last session begun and held ^^ 'h<, C'ty
of Jefferson, on the third Monday of November, eighteen hundred -d 'h^^^^
two, and ratiHed at this session of the General Assembly, begun and held at th»
cTty of Jefferson, on the third Monday of November eighteen hundred and
thirty-four.
$ 1. Offices of circuit court judges declared vacant on 1st January. 1836.
« 2. Part of tlie 15tli section of 5tb article of theconstitution abolisbed. > ,„^ .o,„tr .ourt .l«rto
\ 3. Officesoftheclerksofcourtsdecared vacant oath, 1st day of January 1836-cueuU and .o.nty -uri -^
to be elected by the people.
^ 4. Boundary line of the state altered.
) 6. Further alteration of boundaries.
§ 1. That the offices of the several judges of the ch'cuit courts within this stat.
•hall be vacated on the first day of January eighteen hundred and thn-ty-six.
Passed in senate, yeas fifteen, nays seven; ratified by the house of representa-
tives, yeas forty-eight, nays twenty-three. .•t„t:nn
§ 2. That so much of the fifteenth section of the fifth article of the constitution
cf this state as provides, that the courts respectively shall appoint their clerks,
and that they shall hold their offices during good behaviour, shall be, and the same
is hereby abolished.
Passed in senate, yeas fifteen, nays seven; ratified by the house of representar
tives, yeas fifty, nays twenty-one
§ 3. That the offices of the clerks of the several courts within this state shall
be vacated on the first day of January eighteen hundred and thirty-six, and the
clerks of the circuit and county courts of the respective counties, shall be elected
by the qualified electors of their respective counties, and shall hold their offices
for the term of six years, and until their successors are duly elected, commissioned
and qualified.
Passed in senate, yeas fifteen, nays seven; ratified by the house of representa-
tives, yeas forty-nine, nays twenty-two.
§ 4. That the boundary of the state be so altered and extended as to include aU
the tract of land lying on the north side of the Missouri river, and west of the
present boundary of this state, so that the same shall be bounded on the south by
the middle of the main channel of the Missouri river, and on the north by the pres-
ent northern boundary line of the state, as established by the constitution, when
the same is continued in a right line to the west, or to include so much of said tract
of land as congress' may assent.
Passed in senate, yeas twenty-two, nays none; ratified by the house of repre-
sentatives, yeas sixty-nine, nays two.
§ 5. That the boundaries of the state be so altered and enlarged as to include all
the tract of land lying in the fork of the Mississippi and Des Moines rivers; so
that the same shall be bounded on the north by the present northern boundary of
the state, as established by the present constitution, when continued in aright
I
STATE CONSTITUTION.
35
lm« easfvfard to the middle of the main channel of the Mississippi river; thenc*
down the middle of the main channel of said river, &c.
Passed in senate, yeas twenty-two, nays none; ratified by the house of repre-
sentatives, yeas sixty-nine, nays two.
LILBURN W. BOGGS,
Ldeut. Governor and President of the Senate,
JOHN JAMESON,
SpeaJctr of the House of Representatives, and a member from Callaway county.
Daniel Ashby,
Franklin Cannon,
W. Lucas,
John Miller,
A. M. Robinson,
Ch's. C. Yalle,
Attest,
MEMBERS OF THE SENATE.
James H. Birch,
Julius Emmons,
John Matthews,
HughO*Neil,Jr.
Hans Smith,
W. K. Van Arsdall,
Abram Bird,
Andrew Goforth,
Abraham McClellai
B. H. Reeves,
J. T. V. Thompsoi
John D. Williams.
W. B. NAPTON, Secretary of the Senate,
MEMBERS OP THE HOUSE OF REPRESENTATIVES.
Alonzo Abernathy,
Hugh Barclay,
George F. Bollinger,
Matthew Caldwell,
S. W. B. Carnegy,
C. M. Cravens,
M. W. Flournoy,
H. S. Geyer,
Thomas C. Gordon,
Waller Head,
John Inglish,
A. A. King,
John Martin,
Thomas Moseley, Jr.
Jordan O. Bryan,
George Penn,
Wilson Primm,
John P. Smith,
George F. Strother,
Thomas Watson,
Morgan B. White,
Attest, JAMES
Corbin Alexander,
Edw'd Bates,
William Brown,
William M. Campbell,
Thos. Chilton,
Clement Detchemendy
Wm. Fort,
Peter G. Glover,
Benjamin Harrison,
Aris Hudspeth,
David Jones,
A. Leonard,
Tho's. C. Maupin,
Clifton Mothershead,
James D. Owen,
W. C. Pollard,
Owen Rawlins,
Joseph Stevens,
Jesse B. Thompson,
Henry Watts,
David R. Atchison,
John S. Besser,
Lewellyn Brown,
Charles Canole,
R. D. Cowan,
O. Dickerson,
Richard Fristoe.
John B. Gordon, (opposed*)
John Harvey,
Frederick Hyatt,
Dabney Jones,
Adam Mase,
G. W. JNIiller,
Small wood V. Nolan d,
D. C. M. Parsons,
Henry Porter,
John D. Shannon,
Joseph M. Stevenson,
N. W. Watkins,
R. M. White
Henry C. Wright.
B. BOWLIN, C. Clerk of the House of Representatives
STATUTE LAWS
STATE OF MISSOURI,
tSVItSB AH* MVEITBD BT THE EiaQxn OENKRAL JLSSEMBLY, AMD PUBLISHED UKDEH THE DIRKCTiaN OF Till; SUf&Rl.tTSifOZNT,
APPOINTED BY THE LEGISLATURE FOB. THAT PCRPOSE.
DANIEL DUNKLIN, Governor.
LILBURN W. BOGGS, Lieutenant Coverkor, and President of the Senate.
JOHN JAMESON, Speaker of the House oi^ Representatives.
ACCOUNT.
-4.71 act regulating the action of Account,
\ 1. Joint tenant!, &e. liable to Bccouiit, and to wl.um.
8. Joint tenants may maintain action of, wlien and against wlioni,
S. Residuary legatees may maintain action of, against w!;oni.
^ Wlien action may be maintained against executors and adinlnlstratoia.
£. Of the original process and manner of service.
0 Action of account when to be referred.
7. Powers and duties of referees tliereon.
9. To notify parties; and report to court.
~^. Proceedings against parties refusing to account-
30. Power of referees, when either party refusQ to te gwori;,or »n«\fer (jucstion«.
11. Judgment on report of referees.
Be it enacted by the General Assembly of the State of Alissonri, as follows:
§ 1. Where one or more joint tenants, tenants in common or co-parceners, in
any estate, real or personal, shall take more than his, or their due proportion of
the benefit thereof, such tenant or tenants, shall account therefor to his or their
co-tenant, jointly or severally.
§ 2. Joint tenants, tenants in common and co-parceners, in any estate, real or
personal, may maintain actions of account against their co-tenants, who receive, a^
bailiffs, more than their due proportion of the benefit of such estate.
5 3. Residuary legatees may maintain actions of account, against executors rnd
administrators of the estate of the testator or intestate in their hands.
§ 4. Actions of account may be maintained by, and against, executors and admin-
istrators, in all cases in which the same might have been maintained by or again. t
their testator or intestate.
} 5. The original process in an action of account shall be the same that is pro-
Tided by law for other personal actions, and shall be served and returned in iLo
same manner.
J 6. When judgment shall be rendered in an action of account, that the pari;::>
account, or that the defendant a«c©unt to the plaintiff, the cause shall be referred lo
^3 ADDRESS.
referees in the ssme manner, and subject to the same provisions, that are prescribed
in the case ot* references of personal actions pending in any court of record.
§ 7. Such referees shall proceed in the manner required by law, in other cases of
reference, with the like powers and subject to the same provisions in all respects:
And thev shall have power to examine the parties on oath, to be administered by the
referees, or either of them, and to require the production of all books of accounts,
papers and document^, in the custody or under the control of either party.
§ 8. The referees shall give notice in writing, to the parties required to account
before them, of the time and place, at which they v.' ill take such account, and shall
take, audit and settle such account, and report thereon to the court.
} 9. If any party shall neglect or refuse to account, pursuant to such notification,
or to produce any books, papers or documents, required by the referees, the referees
mav report such neglect or refusal to the court, who shall proceed against the party
for his disobedience, and imprison him until he submit to account, or produce such
books, papers and documents; or the referees may receive a statement of the account
from the adverse party, examine such party, and the witnesses that he may produce,
on oath, in relation thereto, and report such sum to be due, as they, on such exam-
ination, shall find due.
} 10. If either party shall refuse to be sworn, or when sworn shall refuse to answer
any proper question, the referees may imprison him until he consent to be sworn, or
to answer such questions.
§ 11. If the referees report a balance in favor of either party, and such report be
confirmed, judgment shall be rendered thereon in favor of such party, as in other
cases of reference, and if they report that no balance is due either party, judgment
phall be rendered against the plaintiff, w4th the like efiTect as upon a verdict.
Approved, February 1 1th, 1835.
ADDRESS.
An act regulating the removal of cjfocers by addreu.
^ 1. Wlien *ni 'jow charges may be preferred liy the general assembly.
t. Proceedings of the general asscmh! y in preferring charges
? t 4. Wlicn, how and hy whom, accused to be notified.
B. Managers to he appointed.
a. Frocecdingg to ol.tain -nitncpses and depositions.
7. Accused to respond in writing, and replication; failinj to respond and how to pro€«»<J.
f. Two houses to EssemWe at the trial.
«>. rostponeracnf, wl;cn.
10. Proecedings on the trial regulated.
1^. Questions arising during the trial, how determined.
]?. Each house to determine on the charges separately.
13. When charges may he withdrawn.
14. If respondent he found guilty, address to he voted.
15. Governor to communicate his decision, when.
IB. Entry of removals, when to be made, and effect of.
Be it enacted by the General Assembly of the State of Missouri^ as follows:
? 1. When either house of the general assembly shall be satisfied, that there \»
probable cause f«r proceedings against any judge, or other officer, for any matter for
ADDRESS'. 39
Trhich he may be removed iroia oftice, by address of two thirds of each house to the
governor, they shall cause formal charges and specifications to be transmitted to the
other house, v.'ith the information upon which they are founded.
§ 2. Such house shall proceed thereon as in joint resolutions, and may make such
amendments, and prefer such additional charges and specifications, as to them shall
seem proper; and when both houses concur in exhibiting any charge, it shall be
entered upon the journals of each house, and the two houses shall, by concurrent
resolution, fix a day for the trial.
$ 3. The president of the senate shall immediately cause a notice of the time and
place of trial, with a copy of the charges annexed, directed to the accused, signed by
himself, and attested by the secretary of the senate, to b6 issued; which shall be deliv-
ered to the party charged, ten days at least before the day appointed for trial, by the
sergeant at arms of either house, or such special messenger as shall be appointed by
the senate for that purpose, whose return shall be verified by affidavit.
§ 4. If the party charged cannot be found, the notice shall be served by leaving a
copy of said notice, and charges annexed, at his dwelling house or usual place of
abode.
5 5. When charges shall be exhibited as aforesaid, there shall be appointed, by joinf
rote of both houses, two or more competent managers to prosecute such charges*
\ 6. The presiding officer of each house, shall cause subpoenas to be issued for any
\Titness, whose attendance shall be required by either of the managers, the accused,
or his counsel ; and commissions to take depositions where the witness is unable to
attend, from sickness or other infirmity, or where the witness is out of the limits of
this state; which deposition shall be taken in like manner, and the like notice given
thereof, as in the taking of depositions to be read in the circuit courts.
} 7. The party accused, shall respond in writing to the charges against him, one
day before the day of trial, and the managers, if they deem it necessary, shall reply
thereto without delay; but if the accused shall be served with notice and a copy of
the charges, and do not respond, proceedings shall be had against him exparte, un-
less, iurlhcr time be given him to respond.
\ 8. \Yhen notice shall be duly served, the two houses shall assemble in joint
meeting, in the hall of the house of representatives, and proceed to trial.
5 9. For good cause shewn, before, or on the day appointed for trial, a different
day may be appointed by concurrent resolution, as often as may be necessary.
{ 1 0. When the two houses shall be assembled for the trial, convenien t seats shall
be provided for the accused and his counsel, and the two houses, shall hear the testi-
mony for and against the accused, and the arguments of counsel and managers in
joint meeting.
HI. If any question upon the competency of any witness, the admissibility of
testimony of any kind or otherwise, arise during the trial, the same shall be deter-
mined, by concurrent vote of the two houses, in which case, the vote of the house of
representatives shall be first taken, after which, the vote of the senate, and if there
be a difference of opinion between the two houses, on any point, the decision shall
40 ADMINISTRATION.
be in faror of the accused; and in case either house be equally divided the presidiag
officer of the house, shall give the casting vote.
{ 12. After the tw^o houses shall, in joint meeting, have heard all the testimony
adduced, and the arguments on both sides, each house shall proceed to determine,
separately, whether the accused be guilty or not guilty, of the several charges and
specifications exhibited against him, and shall vote upon each charge, separately, and
viva voce, and no amendment or alteration shall be mads in any charge or specifica-
tion.
5 13. At any time during the trial, the managers may withdraw any charge or sp©'
cification, with the permission of both houses.
} 14. If two thirds of each house shall concur in finding the accused guilty of any
of the charges or specifications, either house may originate an address to the gov-
ernor, setting forth the charges and specifications of which the accused was found
guilty, and praying his removal ; which address may be amended by the other house,
as joint resolutions, and if two thirds of each house concur in passing such address,
it shall be immediately transmitted to the governor.
i5 1 5. The governor shall, within ten days after receiving any address as aforesaid,
communicate his decision, and proceedings thereon, to both houses, if the session so
long continue, and if not, then before the end of the session.
{ 16. "When he shall remove any person from office, in pursuance of any address,
he shall cause an entry thereof to be made in the office of the secretory of state; after
which the commission, and authority, of the person so removed, shall bo vacated, and
revoked.
Approved, February 20th, 1835.
ADMINISTRATION.
An act respecting executors and administrators.
AETICLE 1. Of their appointmeDt and removal from office-.
XRT. II. Of their duties respecting money and property-
ART. III. Of their duties respecting the sale of real estats.
ART. IV. Of the allowances of demands against estateti
ART. v. Of the settlement of their accounts.
ART. VI. Ofdlstrlbutlon of the estate.
ART. VII. Of proceedings against executor*, adminiatratorv and tbtir aeear^M.
ART. VIII. or appeatew
ARTICLE I.
Of their appointment and removal from office,
i 1 Letters testamentary and of administration, by whom grant«d.
S. Whereto be granted.
8. Proceedings entrusted to the county court, where to be 'hnd.
4. Who shall not be executor or administrator.
i. Who entitled to administration, next of kin.
9. Other persons.
7. Ffirionfl «ntitlcd may be required to appear by eitatioa; failure datMvd a reauneintivn.
ADMINISTRATION. 41
J (S- Letters testamentary, and of administration with the will annexed, to whom granted,
9. Letters during minority or absence of executor or pendente lite.
10. Applicants for administration to discover on oath the heirs. Administrator to take oalli.
11. Administrator durinj minority or absence of executor, or pendente lite or of goods unadministered to talie oath,
12. Oath of executor or administrator witlithe will annexed.
13. Bond by,the administrator.
14. Condition of the bond.
15. Bond by executor or administrator with the will annexed-
16. Who shall not be security in bonds required by this act.
17. Who to be taken as security.
18- Bonds to be recorded, originals filed, taken in vacation presented to court
19. Letters to be recorded and certified.
20. Penalty for delivering letters not recorded.
21. Copies of letters and bonds, and of the record, evidence.
22. Letters revoked on production of will.
23. Letters revoked if will set aside, other letters granted.
21. Marriage of femme sole, revocation of her letters.
25- For what cau, ansesd how letters may be revoked. '
26. For what causes application for additional security may be mad^.
27. Bond and additional security may be required.
28- Form 'jr security discharged, effect nnri prtpnt nC.
29. Failing to give such additional bond and security, letters revoked.
50. Ilesignation and surrender of letters, how made.
51. Letters surrendered, expense paid by the applicant.
52. Letters of one revoke'l, or surrendered, others to proceed.
23. Administration of goods unadministered, when to be granted.
34. Executors or administrators, die, resign, or letters revoked, how to account
35. Who may proceed against the delinquent and his securities.
36. Securities not to be sued after seven years.
37. Failing to make settlement after citation, court may revoke lottcia.
Beit pnacied by the general assembly of the state of Missouri^ as follows:
§ 1. The county courts and clerks thereof in vacation, subject to the confirma-
tion or rejection of the court, shall grant letters testamentary and of administration.
§ 2. Letters testamentary and of administration shall be granted in the county
in which the mansion house, or place of abode of the deceased is situate. If he
had no mansion house or place of abode at the time of his death, and be possessed
of lands, letters shall be granted in the county in which the land or part thereof
lies. If the deceased had no mansion house or place of abode, and was
not possessed of lands, letters may be granted in the county in which he died, or
where the greater part of his estate may be. If he died out of the state, having
no mansion house, place of abode, or lands in this state, such letters may b»
granted in any county.
§ 3. All orders, settlements, trials and other px-occedings entrusted by this act
to the county court, shall be had or made in the county in which the letters testa-
mentary or of administration were granted.
§ 4. No clerk of any county court in his own county, or his deputy, and no per-
son under twenty-one years of age, or of unsound mind, shall be executor or adminis-
trator; no inarried w^oman shall be executrix or administratrix, nor shall the
executor of an executor, in consequence thereof, be executor to the first testator.
§ 5. Letters of administration shall bo granted, first, to the husband or wife, or to
7
42 ADMINISTRATION.
those who are entitled to distribution of the estate, or one or more of them, as the
court or clerk in vacation, shall believe will best manage and improve the estate.
§ 6. If no such person apply for such letters, within sixty da3^s after the death of
the deceased, letters may be granted to any person, whom the court or clerk in
vacation, shall consider most suitable.
§ 7. The county court or clerk thereof in vacation, on the application of any
person interested, may issue a citation to the persons entitled to administration
calling on them to administer, and if they fail to take letters within thirty days
after the service of the citation, or if the persons entitled to preference, file their
renunciation thereof in writing with the clerk of the county court, letters of
administration shall be granted, to the person next entitled thereto.
§ 8. After probate of any will, letters testamentary shall be granted to the per-
sons therein appointed executors. If a part of the persons thus appointed refuse
to act, or be disqualified, the letters shall be granted to the other persons appointed
therein. If all such persons refuse to act or be disqualified, letters of administration
shall be granted to the person, to whom administration woulH have been granted,
if there had been no will.
§ 9. If the validity of a will be contested, or the executor be a minor, or absent
from the state, letters of administration shall be granted, during the time of such
contest, minority or absence, to some other person, who shall take charge of the
property, and administer the same according to law under the direction of the
court, and account for, and pay and deliver all the money and property of the
estate to the executor or regular administrator when qualified to act.
§ 10. Every applicant for letters of administration, at the time of application,
shall make an affidavit, stating to the best of his knowledge and belief, the names
and place of residence of the heirs of the deceased; that the deceased died without
a will, that he will make a perfect inventory of, and faithfully administer, all the
estate of the deceased", and pay the debts as far the assets will extend and the
law direct, and account for and pay all assets which shall come to his possession
or knowledge.
§ 11. A similar affidavit, with such variations as the case may require, shall be
made by administrators of tho goods remaining unadministered, and by administra-
tors during the time of a contest about a will, or the minority or absence of an
executor.
§ 12. Every administrator with the will annexed, and executor at the time let-
ters are granted to him, shall make an affidavit, that he will make a perfect inventory
of the estate, and faithfully execute the last will of the testator, pay the debts and
legacies, as far as the assets will extend, and the law direct, render just accounts,
and faithfully perform all things required by law, touching such executorship or
administration.
§ 13. The county court or the clerk thereof in vacation, shall take a bond of the
person to whom letters of administration are granted, with two or more sufficient
securities resident in the county, in such amount as the court or clerk shall deem
sufficient, not less than double the amount of the estate.
ADMINISTRATION. 43
§ 14. The condition of such bond shall be as follows, "The condition of the above
bond is, that if A. B. administrator of the estate of W. C. deceased, shall faithfully
admininister said estate, account for, pay and deliver all money and property of said
estate, and perform all other things touching said administration required by law,
or the order of any court having jurisdiction, then the above bond to be void, other-
wise to remain in full force."
§ 15. A similar bond with such variations as the case may require, shall be given
by all executors, and administrators with the will annexed, or of the goods remain-
ing unadministered, and all administrators, during the time of a contest about a will,
or of the minority or absence of an executor.
§ 16. No sheriff, clerk of a court, or the deputy of either, and no attorney at law,
shall be taken as security in any bond required to be taken by this act.
§ 17. The county court, or clerk in vacation, shall take special care to take as
securities, men who are solvent and sufficient, and who are not bound in too many
other bonds, and to satisfy themselves, the justices thereof, may take testimoy, or
examine on oath, the applicant or the persons offered as securities.
§ 18. The clerk of the county court shall record in a well bound book, kept for
that purpose, all bonds given by executors and administrators, preserve the origin-
als in regular files, and present all such as are taken in vacation to the county court
at the next term.
§ 19. All such letters shall be recorded by the clerk of the county court, in a
well bound book, kept for that purpose, before they are delivered to the executor or
administrator, and the clerk shall certify on the letters, that they have been recor
ded.
§ 20. If any clerk deliver such letters without recording the same, he may be fined
by the court, and shall forfeit to the party injured double the damages occasioned
by such default.
§ 21. Copies of such letters and of the official bonds given by executors and
administrators, and copies of the record thereof, certified under the seal of the county
court, shall be evidence.
§ 22. If, after letters of administration granted, a will of the deceased be found,
and probate thereof granted, the letters shall be revoked, and letters testamentary or
of administration with the will annexed shall be granted.
§ 23. If a will be proved, and letters thereon granted, and the will be afterwards
set aside, the letters shall be revoked, and other letters granted of the goods unad-
ministered.
§ 24. If any executrix or administratrix marry, her husband shall not thereby
acquire any interest in the effects of her testator or intestate, nor shall the adminis,
tration thereby devolve upon him, but the marriage shall extinguish her powers, and
her letters be revoked.
§ 25. If any executor or administrator become of unsound mind, or be convicted
of felony or other infamous crime, or become a habitual drunkard, or otherwise inca-
pable or unsuitable to execute the trust reposed in him, or fail to discharge his
oflicial duties, or waste or mismanage the estate, or act so as to endanger any co-ex-
44 ADMINISTRATION.
ecutor or co-administrator, the county j court upon complaint in writing made hj
any person interested, supported by affidavit, and due notice given to the person,
complained of, shall hear the complaint, and if they find it just, shall revoke the let-
ters granted.
§ 26. If any heir, legatee, creditor, co-security or other person interested in any
estate, file in the county court an affidavit, stating that the affiant has sufficient cause
to believe that security in the executor's or administrator's bond, has, or is likely to
become insolvent, or has died, or has removed from this state, or that the principal
in such bond, has, or is likely to become insolvent, or is wasting the estate, or that
the penalty of any such bond is insufficient, or that such bond has not been taken
according to law, and shall have given to the principal in such bond, due notice of
the complaint, the^court shall examine into the complaint.
§ 27. If the county court find the complaint to be just, it shall order another bond
and such further security as they may think necessary to be given.
§ 28. Such additional bond, when given and approved, shall discharge the former
aecurities from any liability arising from any misconduct of the principal, after filing
the same, and such former securities shall only be liable for such misconduct as hap-
pened prior to the giving the new bond.
§ 29. If such person fail to give such additional bond and security, within ten day*
after making such order, his letters shall thenceforth be deemed to be revoked and
his authority from that time cease.
§ 30. If any executor or administrator, publish for eight weeks in some newspa-
per in this state, a notice of his intention to apply to the county court, to resign his
letters, and the court, on proof of such publication, shall believe that he should be
permitted to resign, it shall so order.
§ 31. Such person shall then surrender his letters, his powers from that time shall
cease, and he shall pay the expense of publication, and all the proceedings on the
application.
§ 32. if there be more than one executor or administrator of an estate, and the
letters of part of them be revoked, or surrendered, or a part die, those who remain
shall discharge all the duties required by law respecting the estate.
§ 33. If all the executors or administrators of an intestate, die or resign, or their
letters be revoked, in cases not otherwise provided for, letters of administration of
the goods remaining unadministered, shall be granted to those to whom administra-
tion would have been granted if the original letters had not been obtained, or the
person obtaining them, had renounced the administration, and the administrator
shall perform the like duties, and incur the like liabilities as the former executors or
administrators.
§ 34. If any executor or administrator, die, resign, or his letters be revoked, he or
his legal representatives shall account for," pay and deliver to his successor, or to
the surviving or remaining executor, or administrator, all money, real and personal
property of every kind, and all rights, credits, deeds, evidences of debt and papers
of every kind, of the deceased, at such times, and in such manner as the court shall
order on final settlement.
ADMINISTRATION. 45
§ S5. The iticceeding administrator or the remaining executor or administrator
may proceed at law against the delinquent and his securities, or either of them, or
against any other person possessed of any part of the estate.'
§ 36. All such suits against securities, shall be commenced within seven years
after the revocation or surrender of the letters, or the death of the principal.
§ 37. If any executor or administrator fail to make settlement, as required by law,
and do not show good cause for such failure, after citation, the county court may
revoke his letters.
ARTICLE II.
Of their duties respecting money and property,
% 1. Executors and administrators to collect and take eliarge of estate.
2- To make and return inventory.
3. Affidavit to De annexed to tlie inventory.
4. Inventory and affidavit, where and wlien to be niod
5. Additional inventories, wlien to be made.
6. Witnesses appointed, and how, to assist in making inventory.
7. Tlieir compensation.
8. To open or examine eHeets of deceased witliout witnesses, penalty lor.
9. Affidavit filed against persons concealing or embezzling effects, citation to issue.
10. Refusing to answer interrogatories, may be committed to jail.
11. Delivery of effects, enforced by attachment.
12. Estate to be appraised, by whom.
IS. Affidavit of appraisers.
14. Duty of apraisers.
15. Appraisement and affidavit, when aud where t» be filed.
16. Compensation to appraisers.
17. Additional appraisements, when to be made.
18. Inventories and appraisements, how far evidence.
19. When and how, notice to creditors shall be published.
20. When and how to advertise, where there are no known heira.
21. May collect debts, give receipts, prosecute and defend actions.
22. What actions, executors and administrators shall prosecute and defend.
23. Competent witness in certain cases.
24. What actions may be maintained by and against, executors and administrators.
25. Shall not extend to certain actions. v
26. Debtor appointed executor, his debt considered assets.
27. Articles allowed the widow in addition to dower.
28. May take other property not to exceed one hundred and fifty dollar*.
29. To be deducted from her dower, not liable for debts.
30. Property"hot taken, proceeds to be paid to the widow.
31. Sale of perishable articles, Uow made.
S2. other personal estate may be sold to pay debts and legacies. '
33. Bonds and notes may be assigned, to creditors, legaioea and distributees.
34. Notice of sale, how and when given.
35. Estate of testator, when not to be sold.
S6. All the personal estate to be sold, where there are no heira
37. Personal estate may bo sold at private sale, when.
38. Clerk to be employed at public sale.
39. His duties.
40. Sale bill, where and when filed,
41. Real estate leased, and slaves hired out by order of court.
42. Repairs of real estate made by order of court.
43. Inventories, appraisements, and sale bills filed, when to be examined by court .
44. A ssistance in faking rare of estate, when to he procured.
46 ADMINISTRATION.
( 45- Further assistance, when authorized, expenses, how paid.
46. Interest on debts, when assets, when to be paid by executor or administrator.
47. To be accounted for under the equitable control of the court.
48. statement on oath of money on hand, when to bo rendered-
49. Disposition of money on hand, when and how made.
50. Orders for the speedy collection of debts, sale or distribution of property, when made.
51. Executors and administrators may give receipts, and discharges, effect of.
52. Courts may continue proceeding* before them for good cause.
§ 1. Every executor and administrator immediately after receiving letters, shall
collect and take into possession the goods, chattels, money, books, papers, and
evidences of debt, or of title to any real or personal estate, except the property
reserved as the absolute property of the widow.
§ 2. He shall make an inventory of all the real and personal estate of the
deceased, describing the quantity, situation and title of the real estate, also the
books and papers, the debts due or to become due lo the deceased, the names of
the debtors, the date of the contract, the ainount of the interest then due thereon,
the rate of interest, and such further description as will render it a perfect inventory
of the estate.
§ 3. He shall annex to the inventory, an affidavit, stating that it is a full inven-
tory and description of all the money, goods, chattels and estate, real and personal,
books, papers, and evidences of debt, and of title of the deceased, and of all debts
due or becoming due, so far as he can ascertain them, except the property reserved
as the absolute property of the widow, and that he was not indebted, or bound in
any contro.ct to the deceased at the time of his death, except as stated in the
inventory.
§ 4. The inventory, with the affidavit, shall be filed in the office of the clerk of
the county court, within sixty days after the letters are granted.
§ 5. If after making the first inventory, any other real or personal estate of the
deceased come to his possession or knowledge, he shall file a similar additional
inventory thereof.
§ 6. At the time of appointing an administrator, the court or clerk inVacation,
shall name two respectable householders of the vicinity, of the last abode of the
deceased, who are disinterested and of no kin to the administrator, as witnesses
to accompany and aid the administrator in opening and examining the papers and
money of the deceased, and in making an inventory of them, and if they fail to
attend, the court or clerk shall appoint others in their stead, so that two such
witnesses shall be present to attend the proceeding, before it shall be lawful for
any administrator to open or examine such papers or money by virtue of his
appointment.
§ 7. The county court shall allow such witnesses, a compensation for such
duties, not exceeding that allowed to appraisers.
§ 8. If any administrator open or examine the papers or money of the deceased,
without the publicity and attestation provided in this act, he shall forfeit and pay to
the persons entitled to the estate, a sum not exceeding five thousand dollars to be
recovered before the county court.
§ 9. If the executor, administrator or other person interested in any estate, file
ADMINISTRATION. 41
an affidavit in the county court, stating that the affiant has good cause to beheve
that any person has concealed or embezzled any goods, chattels, money, books,
paper or evidences of debt of the deceased, the court may cite such person to
appear before them and examine him on oath for the discovery of the same.
§ 10. If such per.^on refuse to answer proper interrogatories, the court may
commit him to jail, until lie answer or be discharged by law.
§ 11. If any person be convicted of unlawfully detaining such goods, chattels,
money, or effects, books, papers or evidences of debt, the court may compel the
delivery thereof, by attachment.
§ 12. After having collected personal estate, the executor or administrator shall
cause thp same to be appraised, by three disinterested householders of the county.
§ 13. Before entering on theii duties, the appraisers shall make an affidavit,
stating, that they are not interested, nor of km to any person interested in the
estate as heir or devisee, and that they will, to the best of their ability, view and
appraise the slaves and other personal estate to them produced.
§ 14. The appraisers shall view and appraise such property, and make a list
specifying each article appraised, its value, and total amount of the appraisement,
which shall be signed by the appraisers, or two of them.
§ 15. The appraisement and affidavits shall be filed in the office of the clerk of
the county court, within sixty days after letters are granted,
§ 16. Each appraiser shall receive from the estate, one dollar per day for his
attendance.
§ 17. Every executor or administrator, shall cause similar appraisements to be
filed of all personal estate which shall come to his possession after the first ap-
praisement.
§ 18. Inventories and appraisements may be given in evidence, but shall not be
conclusive for or against any executor or administrator, but other evidence may
be introduced to vary the effect thereof.
§ 19. Within thirty days after letters are granted, the executor or administrator,
shall publish in some newspaper in this state, for three weeks, a notice, that letters
testamentary or of o-iminiotiation have been granted him, stating the date, and
requiring all personi having claims against the estate, to exhibit them for allowance
to the executor or administrator, within one year after the date of the letters, or
they may be precluded from any benefit of such estate, and that if such claims be
not exhibited within three years from the date of the letters, they shall be forever
barred.
§ 20. Where an intestate has left no known heirs, the administrator shall also
publish a notice for six weeks in some newspaper, containing the name of the
intestate, a description of his person, the time and place of his death, the place of
his nativity, if known, and the appraised amount of the estate.
§ 21. Executors and administrators shall collect all money, and debts of every
kind due to the deceased, and give receipts and discharges therefor, and shall
commence and prosecute all actions which may be maintained and are necessary
'n the course of his administration, and defend all such as are brought against him.
48 ADMINISTRATION.
§ 22. They shall prosecute and defend all actions commenced by or against th»
deceased, at the time of his death, and which might have been prosecuted or main-
tained by or against such executor or administrator.
§ 23. In all actions prosecuted or defended by or against any executor or ad-
ministrator, he shall not be disqualified from being a witness, as to facts occurring
anterior to his qualification, on account of being executor or administrator.
§ 24. For wrongs done to the property, rights or interest of another, for which
an action might be maintained against the wrong doer, such action may be brought
by the person injured, or after his death, by his executor or administrator against
such wrong doer, and after his death, against his executors or administrators, in the
same manner and with the like effect, in all respects as actions founded upon
contracts.
§ 25. The preceding section shall not extend to actions for slander, libel, assault
and battery, or false imprisonment, nor to actions on the case for injuries to the
person of the plaintiff, or to the person of the testator or intestate of any executor
or administrator.
§ 26. If any person appoint his debtor, executor of his will, such appointment
shall not discharge the debt, but it shall be assets in his hands.
§ 27. In addition to dower, a widow shall be allowed to keep, as her absolute
property, all the wearing apparel of the family, her wheels, looms and other imple-
ments of industry, all yarn, cloth and clothing made up in the family for their own
use, all grain, meat, vegetables, groceries and other provisions on hand, and pro-
vided and necessary for the subsistence of the widow and her family, for twelve
months, and as many beds with bedding as shall be necesssary for herself and the
family of the deceased residing with her and under her control.
§ 28. In addition to the above, the widow may take such personal property as
she may choose, not to exceed the appraised value of one hundred and fifty dollars,
for which she shall give a receipt.
§ 29. The widow shall apply for such property named in the preceding section,
before the same bn distributed or sold, and it shall be deducted from her dower in
the personal estate, if there be any, but the property ^o aoii-,'oroa, «jhnll in no case,
be liable for the payment of the debts of the deceased.
§ 30. If the widow do not receive the property thus allowed to her, and the
same be sold by the executor or administrator, the county court shall order the
money to be paid to the widow, at any time before the same be paid out for debt,
or be distributed.
§ 31, Every executor or administrator after the appraisement, shall sell at pub-
lic sale, all goods and chattels of the deceased that are liable to perish, be consumed,
or rendered worse by the keeping, giving such credit as he may think best, and
take bonds or notes with good security of the purchasers.
§ 32. If the perishable goocis be not sufficient to pay the debts, the executor or
administrator shall, in the same manner, sell the other personal estate, disposing of
slaves last, until the debts and legacies be all paid, but specific legacies shall not
be sold in any case, unless it be necessary for the payment of debts.
ADMINISTRATION. 49
§ 33. Executors and administrators may assign the notes and bonds of the
estate to creditors, legatees and distributees, in discharge of such an amount of
their claims equal to the amount of such bond or note.
§ 34. They shall give notice of the time and place of sale for three weeks in
some newspaper in this State, or by hand bills put up in eight public places of the
county, where the sale is made.
§ 35. If any testator direct his estate not to be sold, the same shall be reserved,
unless such sale be necessary for the payment of debts.
§ 36. When there are no known heirs or legal representatives, the administra-
tor shall sell all the personal estate of the deceased within one year after adminis-
tration is granted.
§ 37. If any executor or administrator apply to the county court for permis-
sion to sell the personal estate of the deceased, or any part thereof, at private sale,
and the court be satisfied that such sale would not be prejudicial to the persons
interested in the estate, it may order such sale and prescribe the terms thereof.
§ 38. In every public sale, the executor or administrator shall employ a compe-
tent clerk, not interested, nor of kin to any heir or devisee of the estate.
§ 39. Such clerk shall keep a true account of the sales made, make a list of
sales specifying each article sold, the price, and the name of the purchaser, and shall
annex his affidavit to such list, stating that the same is a true account of the sales
made by such administrator or executor at the time specified.
§ 40. Such sale bill shall be filed by the executor and administrator in the
oflice of the clerk of the county court, within thirty days after the sale.
§41. Executors and administrators under the direction of the county court, shall
lease the real estate, and hire out slaves, for any period not more than one year at
a time, and shall receive and recover such rents, hire and wages. Slaves shall be
hired to the highest bidder at the court house door, unless the court order other-
wise.
§ 42. When any house, out buildings, fences or other improvements, on the real
estate require repairs, the county court may, on the application of any person
interested, order the executor or administrator to cause the necessary repairs to be
made without prejudicing creditors.
§ 43. At every term of the county court, they shall examine all inventories,
appraisements and sale bills, filed since their last term, to see if they have been made
and filed according to law, and shall issue citations to compel all delinquents to
comply with the law.
§ 44. If a person die, leaving horses or other stock that required attention, crops
ungathered, property so exposed as to be in danger of loss in value, or work in an
unfinished state, so that the estate would suffer material loss, from the want of care
and additional labor, the executor or administrator may, until the meeting of the
county court, procure such indispensable labor to be performed on the most reason-
able terms that he can.
§ 45. The county court, on application of any person interested, may in such
cases authorize further labor to be performed, as the interest of the estate requires,
8
50 ADMINISTRATION.
and all sums thus paid, if approved by the court, shall be allowed as expenses
of administration.
§ 46. All interest received by administrators and executors, on debts due to the
deceased, shall be assets in their hands, and if they lend the money of the deceased,
or use it for their private purposes, they shall pay interest thereon to the estate.
§ 47. The county court shall exercise an equitable control in making adminis-
trators and executors account for interest accruing to the estate, on account of
money loaned by him belonging to the estate, or otherwise, and for that purpose
may take testimony or examine the executor or administrator on oath.
§ 48. Every executor and administrator at the second term after the end at
which he is required to make settlement, shall render to the county court a state-
ment on oath of the amount of money of the estate actually on hand.
§ 49. If on the return of the inventory, or at any other time, it appears to the
satisfaction of the county court, that there is surplus of money in his hands, that
will not be shortly required for the expenses of administration, or payment of
debts, they shall have discretionary power to order the executor or administrator
to lend out the money, on such terms and for such time, as they may judge best,
or at his option, to retain it in his hands until it be needed for distribution, or the
payment of debts, and account for interest thereon.
§ 50. The county court may, at any time, make such orders as the interest of
the estate requires, for the speedy collection of debts, or the sale or distribution of
personal property.
§ 51. All executors and administrators may give receipts and discharges for
money received by them on account of the deceased, but if there be more than one
executor or administrator, a majority shall join in such receipts or discharges, or
they shall be void.
§ 52. For good cause shown, the county court may continue any matter or
proceeding arising before them under this act, on such terms as it may consider
just.
ARTICLE III.
Of their duties respecting the sale of real estate,
$ 1. Power by will to sell lands, to be executed by whom.
2. Contracts for the purchase of lands: may be carried into eftcct by order of court, if awiets lufficient.
3 Interest of testator, or intestate, to be sold if the assets are not sufficient to fill contract.
4. Court may order lands to be relinquished, if purchased from individuals.
6. If purchased from commissioner of school lands it may be relinquished in a certain case.
6. Court may order redemption of mortgaged property.
7. Court may order the equity of redemption to be sold.
8. If personal estate insufficient to pay debts, petition to sell real estate to be filed by executor or Qdmlnlstratof.
9. Petition to be accompanied with true account, &c.
10. In case of neglect of executor or administrator, creditor may file petition for sale of real estate by giving twMtr
days notice.
11. E.\ecutor or administrator to render true account to court.
12. When account has been filed, court shall order all interested to be notified— notice how given.
13. Upon proof of notification, court to hear testimony, and, if necegsary, order iale.
14 Personal estate may be reserved and real estate sold.
^ IS JUel estate to be appraised before sale.
ADMINISTRATION. 5 1
^ 1<5 . Appraiieii to le sworn .
17 Notice of Bales of real c&tate to be given.
18 Wliere sales of real estate shall be made, aud how condacted.
19 Vol to be sold at private sale for less tUaa | of appraised value. Executor or adiniuistrator not to purchaM >t
less than | of value.
20. Return of sale.
21. If report not approved by the court, new order to be made.
22. If report be affirmed deed to be made.
23. Effect of deed.
24. Contract for the conveyance of real estate by testator or intestate, h«w enforced.
25 Affidavit to be annexed to petition,
26. Notice to be served on executor or administrator.
27- Order to be given, except i^-c.
28. Deed, in what case, and by whom, made.
29. Effectof such deed.
SO. In what court petition may be brought.
31. Circuit courts, in such cases, to proceed according to the practice of courts of chancery.
32. The bond or other instrument of writing held by executor or administrator, how collectsd.
33. In what case real estate to be sold.
34. Commencement of suits, &;c.
§ 1. The sale and conveyance of real estate under a will, shall be made by the
acting executor or administrator with the will annexed, if no other person be
appointed for that purpose by the will, or if such person fail to perform the trust.
§ 2. If any person die, having purchased real estate, and shall not have completed
the payment, nor devised such estate, nor provided for the payment by will, and
the completion of such payment, would be beneficial to the estate, and not inju-
rious to creditors, the executor or administrator may, by order of the county
court, complete such payment out of the assets in his hands, and such estate shall
be disposed of as other real estate.
§ 3. If the court believe, that after the payment of the debts, there will not be
sufficient assets to pay for such real estate, the court may order the executor or
administrator to sell all the right, title and interest of the deceased therein.
§ 4. If such real estate has been purchased from individuals, the court may, if
they believe it advantageous to the estate, order the same to be relinquished to
such individuals, on the most advantageous terms that can be agreed upon.
§ 5. If such real estate, shall have been purchased from any commissioner of
school lands, the court may order the same to be relinquished, with the consent o^
the commissioner, and in such cases the commissioner shall be authorized to
accept of such relinquishment, and surrender the obligation to the deceased.
§ 6. If any person die, having mortgaged any real estate, or pledged any per-
sonal property, or owning any equity of redemption, and shall not have devised
the same, or provided for the redemption of the same, by will, the county court,
upon the application of any person interested, may order the executor or adminis-
trator, to redeem such estate out of the personal assets, if it would be beneficial
to the estate and not injurious to the creditors.
§ 7. If such redemption would injure the estate or creditors, or there would not
be assets to redeem such estate, after paying the debts, the court shall order all
the right, title and interest, of the estate to such property,, to be sold at public
sale.
52 ADMINISTRATION.
§ 8. If any person die, and not leave personal estate sufficient to pay his debts,
the executor or administrator shall file a petition to the county court, stating the
facts, and praying for the sale of such estate or so much thereof, as will pay the
debts.
§ 9. Such petition shall be accompained by a true account of his administration,
a list of the debts due to, and by the deceased, and remaining unpaid, and an inven-
tory of the real estate, and of the remaining personal estate, with its appraised
value, and all other assets in his hands, the whole verified by an affidavit of the
executor or administrator.
§ 10. If such executor or administrator do not make such application, any
creditor or other person interested in the estate, may make such application,
giving twenty days notice to the executor or administrator.
§ 11. Every such executor or administrator, on or before the first day of the
term of the court, at v/hich he is notified that such application will be made, shall
file wuth the clerk of the court, perfect accounts, lists, and inventories, made out
and verified as those required to accompany a petition by himself. If such exec-
utor or administrator fail to comply with this section, the court shall compel
hJm to do so by attachment.
§ 12. When such petition and such accounts, lists, and inventories shall be filed,
the court shall order, that all persons interested in the estate, be notified thereof
and that unless the contrary be shewn on the first day of the next term of the
court, an order will be made for the sale of the whole, or so much of such real
estate, as will pay the debts of the deceased. Such notice shall be published for
six weeks in some newspaper in this state.
§13. Upon proof of publication, the court shall hear the testimony, and may,
if necessary, examine all parties on oath touching the application, and make an
order for the sale of such real estate, or any part thereof in this state, at public or
private sale.
§ 14. If any executor or administrator, or other person interested in any estate,
file a petition, setting forth the facts, and describing the real and personal estate,
and praying that the persona] estate be reserved, and real estate be sold, for the
payment of debts, the same steps shall be taken, and the same proceedings, and
publication had, as above directed, upon a petition to sell real estate for the pay-
ment of debts, and the court may order, that the whole or any part of the personal
estate be reserved, and the real estate, or any part of it, may be sold, at public or
private sale.
§ 15. Before any executor or administrator shall sell any real estate, or any in-
terest therein by order of any court, he shall have it appraised by three disinterest-
ed house holders of the county in which it lies.
§ 16. Such appraisers shall make an affidavit, that they will according to the
best of their abilities, view and appraise the estate, to them shown, and they shall
view and appraise the same, and deliver to the executor or administrator a certi-
ficate thereof, under their hands.
§ 17. In all sales of real estate, made by any executor or administrator, he shall
ADMINISTRATION. 53
cause a notice, containing a particular description of the estate to be sold, and
stating the time, place and terms of sale, to be published in some newspaper in
this state for four weeks, and shall put up a copy of such notice, in ten public
places in the county in which the sale is to be made, twenty days before the
sale.
§ 18. All public sales of real estate, made by order of any court for the payment
of debts, shall be made at the court house door of the county in which such es-
tate is situated, on some day while the circuit or county court is in session, and
shall be conducted openly by auction.
§ 19. No real estate sold for the payment of debts, shall be sold at private sale,
for less than three fourths of its appraised value, nor shall such executor or ad-
ministrator, directly or indirectly, become the purchaser of any such real estate
at public sale, at less than three fourths of its appraised value.
§ 20. At the next term of the county court, after such sales, the executor or ad-
ministrator shall make a full report of his proceedings, with the certificate of ap-
praisement and a copy of the advertisement, which report shall be verified by affi-
davit, stating, that he did not directly or indirectly purchase such real estate, or
any part thereof, or any interest therein, and that he is not interested in the pro-
perty sold, except as stated in the report.
§ 21. If such report and proceedings of the executor or administrator, be not
approved by the court, his proceedings shall be void, and the court may order a
new sale, upon which the same proceedings shall be had, as upon the original
order.
§ 22. If such report be approved by the county court, such sale shall be valid,
and the executor or administrator, (or if he be the purchaser, the clerk of the county
court) as soon as full payment shall be made of the purchase money, shall exe-
cute, acknowledge and deliver to the purchaser a deed, stating the date of the
order of sale, and the court by which it was made, and the consideration, and
conveying to the purchaser all the right, title and interest which the deceased had
in the same.
§ 23. Such deed shall convey to the purchaser, all right, title and interest, which
the deceased had to such real estate, at the time of his death, discharged from all
liability for his debts.
§ 24. If any testator or intestate, shall have entered into a contract in writing,
for the conveyance of any real estate, and shall not have executed the same in his
life time, nor given power by will to execute the same, the other party wishing a
specific execution of such contract, may file a petition to the county court, setting
forth the facts, and praying that an order may be made that the executor or admin-
istrator, execute such contract specifically, by executing to him a deed for the
same.
§ 25. Such petitioner shall annex to such petition, an affidavit to the truth there-
of, and stating that no part of such contract has been satisfied, except as stated in
the petition.
§ 26. A notice of such application, and a copy of the petition, shall be served on
54 ADMINISTRATION.
the executor or administrator, twenty days before the first day of the term at which
it is to be made,
§ 27. If the court, after hearing all parties, believe that specific execution of such
contract ought to be made, it shall make an order, that the executor or administra-
tor, execute such contract specifically, saving to infants, married women, persons
of unsound mind, and persons absent from the United States, the term of five years
after their disabilities are removed, to appear and file their bill in chancery, to set
aside such order for fraud or other cause.
§ 28. When any order for the specific execution of a contract shall be made, the
' executor or administrator, shall execute and deliver to the petitioner a deed, and ac-
knowledge it in open court, conveying the estate, according to the order, and ex-
pressing therein the saving of the rights above named, according to the order, and
stating the date of the order, and the court at which it was made.
§ 29. Such deed shall be as effectual, as if it had been executed by the deceased.
§ 30. The party entitled to such specific performance of a contract, may bring
his petition in the circuit court of the county, in the first instance, and if it be
brought in the first instance in the county court, the executor, administrator, widow,
or any heir or devisee of the estate, may appear and allege, that he is unwilling to
have the same tried in the county court, the court shall order the same to be certi-
fied to said circuit court.
§ 31. If any such petition be thus filed or certified to the circuit court, it shall
proceed thereon, according to the practice of courts of chancery, and if it appear
that such specific execution ought to be made, it shall make a decree for that purpose
in the same manner and with the same reservations, as above required in cases of
orders by the county court.
§ 32. If any executor or administrator, hold a bond or any other instrument of
writing on the testator or intestate, for the conveyance of any real estate, which
shall not have been complied with in the life time of such testator or intestate, nor
power by will given to execute the same, the executor or administrator shall pro-
ceed against his co-executor or co-administrator in the same manner as prescribed
by this article in other cases; but if there be no such co-executor or co-administra-
tor, he shall file his petition as herein provided, and the court shall appoint some
suitable person, to appear and manage the defence on the part of those interested,
who shall have all the powers, and perform the same duties, required of executors
or administrators, in such case by this article.
§ 33. If upon the settlement of the accounts of any executor or administrator,
it appear, that the personal estate is not sufficient to satisfy all demands established
against such estate, it may make such order as it may think necessary, for the sale
of real estate for that purpose.
§ 34. If any person commence a suit of any kind, against an estate, within one
year from the date of administration, he may recover judgment, but shall pay all
the costs.
ADMINISTRATION. ' 55
ARTICLE IV.
Of the allowances of demands against estates,
$ 1. Demands against estates classed.
2. After three years, demands barred, saving to persons under disability
3. Suit pending against deceased at liis death, when and how classed as demands.
4. From what time other demands considered as esliibited against estates.
5. Proceeding to establish demands, and from what time considered legally exhibited.
6. Duty of the Executor and Administrator in keeping list of demands exhibited.
7. Demands may be established in a court of record, copy of judgment exhibited to county court-
8. Jurisdiction and duty of county court in allowing demands against estates.
9. Before demands shall be allowed, claimant to malie oath or affidavit, extent and effect of.
10. Written notice containing a copy of the instrument or account sued on to be given.
11. Notice, when, how and by whom served.
12. Notice may be waived in open court.
13. Demands to be determined by the court in a summary way.
14. Depositions in support of demands, how and when taken.
15. If the claim do not exceed twenty dollars, or neither party require a jury, court may determine.
16. If the demand exceed twenty dollars, in what manner, and by whom determined.
17. Proceedings when Executor or Administrator claims as creditor of the estate.
18. Clerk to keep an abstract of judgments filed, and demands established.
19. Demands to be classed, and satisfied according to such classification.
20. Amount and class to be endorsed on claim and delivered to demandant,
21." In what order debts of deceased to be paid-
§ 1. All the deinands against the estate of any deceased person, shall be divided
into the following classes: First, funeral expenses. Second, expenses of the last
sickness, wages of servants, and demands for medicine and medical attendance, du-
ring the last sickness of the deceased. Third, debts due to the State. Fourth,
judgments rendered against the deceased. Fifth, all demands without regard to
quality, which shall be legally exhibited, for allowance against the estate within
one year after granting the first letters on the estate. Sixth, all such demands thus
exhibited, after the end of one year, and within two years after letters granted.
Seventh, all such demands thus exhibited, after the expiration of two years, and.
within three years after the grant of such letters.
§ 2. All demands, not thus exhibited within three years, shall be forever barred,
saving to infants, married women, persons of unsound mind, imprisoned, or absent
from the United States, three years after the removal of their disabilities.
§ 3. All actions pending against any person at the time of his death, which by
law survive against the executor or administrator, shall be considered demands le-
gally exhibited against such estate, from the time such action shall be revived, and
classed accordingly.
§ 4. All other actions commenced against such executor or administrator, after
the death of the deceased, shall be considered demands legally exhibited against
such estate, from the time of serving the original process on such executor or ad-
ministrator.
§ 5. Any person may exhibit his demand against such estate, by serving upon the
executor or administrator, a notice in writing, stating the nature and amount ot
his claim, with a copy of the instrument of writing, or account upon which the
claim is founded, and that he will present the same for alloweince at the next term
56 ADMINISTRATION.
of the court, and shall be considered legally exhibited from the time of serving such
notice.
§ 6. Every executor and administrator, shall keep a list of all demands, thus
exhibited, classing them, and make return thereof to the county court, every year,
at the term at which he is to make settlement.
§ 7. Any person having any demands against an estate, may establish the same
by the judgment or decree of some court of record, in the ordinary course of pro-
ceedings, and exhibit a copy of such judgment, whether rendered before or after
the death of the deceased, to the county court:
§ 8. The county court shall have jurisdiction, to hear and determine all demands
against any estate, and a concise entry of the order of allowance shall be made on
the record of the court, which shall have the force and effect of a judgment.
§ 9. No county court shall allow any demand against any estate, unless the
claimant first make oath in open court, or file an affidavit with such claim, stating to
the best of his knowledge and belief, he has given credit to the estate for all pay-
ments and of offsets to which it is entitled, and that the balance claimed is justly
due, and such affidavit shall not be received as any evidence of the demand, but the
same shall be established by competent legal testimony before it is allowed.
§ 10. Any person desiring to establish a demand against any estate, shall give
to the administrator or executor, a written notice containing a copy of the instru-
ment of writing or account, on which it is founded, and stating that he will present
the same for allowance at the next term of the county court.
§ 11. Such notice shall be served on the executor or administrator, ten days be-
fore the beginning of such term of the court, and may be served by any sheriff* or
constable, or by any competent witness, who shall make affidavit to such service.
§ 12. The executor or administrator may appear in court, and waive the service
of any such notice.
§ 13. The county court, shall hear and determine all demands in a summary way,
without the form of pleading, and shall take the evidence of competent witnesses
or other legal evidence.
§ 14. Any person may take depositions in support of his demand at his own ex-
pense, if he first procure the written consent of the executor or administrator, and
such depositions may be taken in the ordinary manner, at such time and place as
may be agreed upon, and read in evidence in support of such demand.
§ 15. If the demand do not exceed twenty dollars, or if neither party require a
jury, the court may decide on the validity of such demand.
§ 16. If the demand exceed twenty dollars, and either party require a jury, one
shall be immediately summoned, and the trial shall be conducted in a summary
manner, without Ithe form of pleading, and when the demand is not due at the time
of trial, the court or jury may adjust the same, by rebating therefrom at the rate of
six per cent per annum from the time of trial until due.
§ 1 7. Any executor or administrator may establish any demand, against his
testator or intestate, by proceeding against his co-executor or co-administrator in
the manner prescribed for other persons. But if there be no co-executor or co-ad-
_ _ \
ADMINISTRATION. 57
ministrator, he shall file his claim and other papers, and the court shall appoint some
suitable person to appear and manage the defence on the part of the estate.
§ 18. The clerk of the county court shall keep an abstract of all judgments of
other courts, filed, and of all demands established in the county court against such
estate, whicli shall show their amount, class, date and to whom payable.
§ 19. If any judgment of a court of record be filed in the county court, and
when accounts are allowed against any estate in the county court, such court shall
determine its class, and the clerk shall make an entry thereof in his abstract, and
when thus classed, the executor or administrator may satisfy such demand accor-
ding to such classification.
§ 20. When any such demand has been allowed, the clerk shall endorse on the
back thereof the amount allowed thereon, and the class to which it belongs, and de-
liver the same to the demandant.
§ 21. All demands against any estate, shall be paid by the executor or adminis-
trator, as far as he has assets, in the order in which they are classed, and no
demand of one class shall be paid until all previous classes be satisfied, and if there
be not sufficient to pay the whole of any one class, such demands shall be paid in
proportion to their amounts.
ARTICLE V.
Of the settlement of their accounts.
^ 1. Accounts and settlements, in wliat manner to be recorded by the clerk.
2. Annualsettlements to be made, until administration be completed.
3. Clerk to keep a docket of executors and administrators, date of their letters and term of settlement.
4. List to be put up by the clerk, when and where.
5. Proceedings in case of neglect to make settlement at the proper time.
6. Proceedings in case the citation is not served.
7. Proceedings of the court after service or publication.
8. Letters may be revoked, proceedings thereon.
9. Accounts to be settled, what charges, expenses, and disbursements to be allowed.
10. What claims against the estate to be allowed on settlement.
11. On settlement, expenses to be paid, balance on hand to be apportioned among creditors.
12. On every settlement, how to proceed, till debts are paid or assets exhausted.
13. Execution for demands allowed against estates, when, and against whom issued.
14. Execution not satisfied, scire facias may issue against securities.
15. Scire facias returned, served, proceedings thereon.
16. Notice of final settlement, when, and how published.
17. Final settlements, how to be conducted.
18. On.final settlement, what debts charged in the inventory as due to the estate to be credited.
§ 1. The clerk of each county court shall provide well bound books, and enter
therein the accounts and settlements of all administrators and executors made in
the court, in such manner as to form a complete record of all such accounts settled
in that court.
§ 2. Every executor and administrator shall exhibit a statement of the accounts
of his administration for settlement, with proper vouchers, to the county court at
its first term after the end of one year from the date of his letters, and at the cor-
9
58 ADMINISTRATION.
responding term of such court, every year thereafter, until the administration he
completed.
§ 3. The clerk of the county court shall keep a docket and enter therein a list
of all executors and administrators who have not made final settlement of their
accounts, the date of their letters, and the terms at which they are required to'
make settlement.
§ 4. The clerk shall put up in some conspicuous place in his office, thirty days-
before each term, a list of the executors and administrators, whose settlements
are required to be made at that term.
§ 5. If any such executor or administrator fail to present such settlement, the
clerk shall immediately issue a citation to any county in the state, requiring himf
to present his accounts for settlement at the next term of the court, and show
cause why an attachment should not issue against him for not exhibiting his ac-'
counts at the term at which he was required to settle.
§ 6. If such citation be not served, the clerk shall, under the direction of the
court, issue an alias citation, which may be served or may be published in some?
newspaper in this state, one month before the return thereof.
§ 7. If after such service or publication, no cause to the contrary be shown,
such executor or administrator may be fined by the county court, not exceeding
one hundred dollars, to the use of the county, and such executor or administra-
tor shall be liable upon his bond for failing to settle.
§ 8. The county court may revoke the letters of such delinquent, and may is-
sue attachments and other process to compel such settlements, directed to any
county in this state, and in all such cases such delinquents shall pay all costs.
§ 9. When any executor or administrator shall present his account for settle-
ment, the county court shall settle the same according to law; allow all reason-
able charges for the expenses of administration, funeral expenses and all disburse-
ments and appropriations made by the order of the court, and a reasonable com--
pensation for the trouble and expenses of the executor or administrator.
§ 10. Upon every settlement, the executor or administrator shall show that every
claim for which disbursements have been made, has been allowed by the court as
required by law, or shall produce such proof of the demands as would enable the
claimant to recover it in a suit at law.
§ 11. At every settlement the court shall ascertain the amount of money of the
estate which has come to the hands of such executor or administrator, from all
sources, and the amount of debts allowed against such estate, and if there be not
sufficient to pay the whole of the debts and expenses of administration, the money
remaining, after paying the expenses of administration, shall be apportioned among
the creditors, according to this act; and the court shall order that such executor or
administrator, pay the claims allowed by the court, according to such apportionment,
reserving ^apportionments made on claims which remain undecided, until decision
be had therec'O.
§ 12. The coimty court, upon every settlement shall proceed in like manner, till
all the debts be paH, or the assets exhausted, and if, upon such settlement, there
ADMINISTRATION. 59
shall be money enough to satisfy all demands of any one class legally exhibited
against such estate, the court shall order the whole to be paid.
§ 13. If any executor or administrator fail to pay any claim thus ordered to be
paid, according to the two preceding sections when demanded, the clerk of the
county court, on application of such creditor, and being satisfied that such de-
mand has been made, shall issue execution for the amount ordered to be paid and
costs, against the body, or against the property, goods, chattels and real estate of
such executor or administrator, or both.
§ 14. If any such execution be returned unsatisfied, the creditor may sue out of
the county court a scire facias, against any one or more of the securities of such
executor or administrator, referring to their bond, the order for payment, the exe-
cution and return, and requiring such security to show cause why judgment should
not be rendered against him, for tlie amount ordered to be paid, and still
unsatisfied.
§ 15. Such scire facias may be directed to, and served in any county in this
state, and if upon the return thereof, good cause to the contrary be not shown,
the court shall render judgment against such security for the amount unpaid and
costs, and award execution therefor.
§ 16. If any executor or administrator, wish to make final settlement, he shall
publish for four weeks in some newspaper in this state, a notice to all creditors,
and others interested in the estate, that he intends to make final settlement at the
next term of the court.
§ 17. If it appear to the court, that such notice was duly published, and that the
estate of the deceased has been fully administered, the court shall make final settle-
ment, which shall be conducted as annual settlements.
§ 1 8. At his final settlement, the court shall give credit to the executor or admi-
nistrator for debts which have been charged in the inventory as due to the estate,
if the court be satisfied that such debt was not really due to the estate, or that it
has been balanced or reduced by offsets in any court of competent jurisdiction, or
the debtor was insolvent, or that from any other cause, it was impossible for the
executor or administrator to have collected such claim by the exercise of due
diligence.
ARTICLE VI.
<
Of distribution of the estate.
$ 1. Distribution or payment of legacies, when to be made within one year after date of Ictterg.
2. Legacies when to be paid, bond to refund, when and by whom given.
3. Payment of legacies and distribution of shares, wlien and how made.
4. If distribution cannot be made in kind, sale may be ordered, and money distributed.
5. Notice of application to sell for purpose of distribution, how and when to be given.
6. When sale is ordered for purpose of distribution, claims of distributees to be adjusted.
7. If distributee become purchaser, his receipt good for amount of his share.
8. Distribution how made, when real estate sold to pay debts, and personal estate reserved.
9. Legatees and distributees compelled to refund, when and how.
10. Proceedings on failing or refusing to refund, notice to be givan.
11. Court may order appropriations for the support of minor children, whon.
60 ADMINISTRATION.
5 12. Appropriation for the widow until dower Ig assigned, out of what fund to be made.
13. Court, in its discretion, may order the estate to be delivered up to the widow, wlien.
14. On final settlement, money of distributee or legatee, when to be loaned out.
15. Compensation of executors and administrators.
§ 1. Executors and administrators shall not be compelled to make distribution^
or pay legacies, until one year after the date of the letters, unless the legacies
specified, would she perishable or subject to injury if retained one year.
§ 2. No executor or administrator shall be compelled to pay legacies within three
years, after the date of his letters, unless ordered to do so by the court, until bond
and security be given by the distributee or legatee, to refund his due proportion of
any debt which may afterwards be established against the estate, and the costs
attending the recovery thereof. But the widow shall not be required to give such
bond, before she receive the property selected by her under this act.
§ 3. If upon any settlement it appear that there is sufficient money to satisfy al*
demands against the estate, the court shall order the payment of legacies and dis-
tribution of shares, as in the case of debts, except, that specific legacies shall be
first satisfied.
§ 4. If slaves or other personal property descend, and an equal division thereof
cannot be made in kind, the county court may order the sale of slaves, or othey
personal property, and cause the money to be distributed, according to the rights
of those entitled to distribution.
§ 5. Each person entitled to distribution, not applying therefor, shall be notified
in writing of such application ten days before such order shall be made, or if such
person do not reside in this state, a notice of such application shall be published
in some newspaper in this state, eight weeks before such order shall be made.
\ § 6. When such order for the sale of slaves or personal estate shall be made
\by the court, it shall settle the claims of the distributees and order the person selling
jsuch property to distribute the money arising therefrorn, according to the rights
bf each person.
§ 7. If any distributee become a purchaser of such property, his receipt for the
amount of his share, shall be received in payment of an equal amount of the
purchase money, and the court shall allow the amount of such receipt, as so much
distributed under the order of the court.
§ 8. If real estate be sold for the payment of debts, in lieu of the personal estate
under this act, the court in making distribution of tjie personal estate reserved,
shall cause the same to be appraised, by three disinterested persons, sworn for that
purpose, and shall allow to the widow only such amount as she would have been
entitled to, had the amount of debts paid by money made by the sale of real
estate, been paid out of the personal estate.
§ 9. If after the payment of legacies, or distributions, it becomes necessary,
that the same or any part thereof, be refunded for the payment of debts, the court,
on application, shall apportion^the same among the legatees or distributces,according
to the amount I'cceivcd by them, except that specific legacies shall not be required
to bo refunded, nnlos?; the residue bo not sufficient to sntisfv ^uch <lcbts.
ADMINISTRATION. 6 1
$ 10. If any legatee or distributee fail to refund according to sucli order, the
court shall, on motion of the executor or administrator, ten days notice in writing
having been given to the legatee or distributee, enter judgment for the amount
apportioned to him.
§ 11. The county court, as occasion may require^ may order such^appropriations
for the support of minor children of the deceased, not otherwise provided for, as
will not prejudice the rights of creditors.
§ 12. Until the widow's dower be assigned, the court shall order such sum to be
paid to her out of the hii'e of slaves and rent of real estate, as shall be in propor-
tion to her interest in the slaves and real estate.
§ 13. If upon the return of the inventory and appraisement, it appears to the
court, that the whole amount of the estate is not more than that, to which the
widow is by law entitled, without being subject to the payment of debts, and that
there are no debts due the estate, or so small that they would not defray the expen-
ses of collecting, and of administration, the county court in its discretion may
make an order, that such estate be delivered to the widow, and that all further
advertisements, settlements and other proceedings, under said administration, be
dispensed with, unless further estate be discovered, or the court order the adminis-
tration to be proceeded with.
§ 14. If upon final settlenient, it appear that any distributee or legatee is a
jion-resideiit, or from any other cause is not in a situation to receive his share, and
give a discharge therefor, or does not appear by himself or agent, to receive the
same, the county court may in their discretion, order the executor or administrator,
to lend out the money on good security, for such limi#& time as the court may
direct, or at his option to retain it, subject to the call of such distributee or legatee,
and pay interest therefor at the rate of six per cent, per annum.
§ 15. Executors and administrators shall be allowed for their trouble, not
exceeding six per cent, on the whole amount of personal estate, and on the money
arising from the sale of lands, with such additional allowance for hiring out slaves,
leasing real estate, and collecting and preserving the estate, as the county court
shall deem reasonable.
ARTICLE VII.
Of j)J'oceedings against executors^ adminisira{ors and their securitips,
t 1. Any creditor may suggest a devastavit, when.
2. Upon such application, court to direct an issue.
3. Judgment in favor of the applicant if waste be found, cflect of, if no waste, cost to be paid, by whom.
4. Double the amount wasted to be recovered, when.
5. Action of waste or suit on administration bond after final settlement, when brought, and clToet of the judgment.
6. Execution on the judgment, against whom, antl what estate to issue.
7. Proceeds of executions on judgments thus recovered, how to be applied.
8. The bond of any executor or administrator may be sued on, suit how brought and by whom.
9. Securities not liable beyond assets, in what cases.
10. Court, how to proceed, for disolicdicncc of any order made in pursuance of this act.
§ 1. If upon the settlement of any executor or administrator, there be not
sufficient assets to pay all the demands acrainst the estate, any creditor may suo-^rest
62 ADMINISTRATION.
that he has not made a just account of the assets in his hands and apply for ail
enquiry into the same.
§ 2. Upon such application, the court shall direct an issue to be made up, whether
there be waste or not, which shall be tried as demands against an estate.
§3. If no waste be found, the applicant shall pay the costs: But if waste be
found, judgment shall be rendered in favor of the applicant, against such executor
or administrator of his own proper estate, for the amount wasted and costs, and
the money collected shall be applied to the payment of the debt due to the applicant
and the residue shall be apportioned among the creditors.
§ 4. If it appear that such waste was committed wilfully, and fraudulently, the
applicant shall recover double the amount wasted,'to be apportioned as aforesaid,
with costs.
§ 5. If after final settlement of any estate found to be insolvent, any creditor or
other person interested therein, may bring an action of waste or a suit on the admin-
istration bond, and assign and prove as a breach of the condition, any waste or mis-
management of the estate, he shall have judgment against the executor or admin-
istrator for the whole value of the assets wasted, or mismanaged, as he could have
done if they had been regularly accounted for, with costs.
§ 6. Upon such judgment, execution may issue against the private estate of such
executor or administrator, and his settlement shall only be conclusive so far as he
has applied the assets pursuant to the apportionment made by the court, for the
payment of debts.
§ 7. The proceeds of all executions on any judgment thus recovered, shall be
applied, first, to the payment of the debt due to the person suing, and the residue
shall be apportioned among the other creditors.
§ 8. The bond of any executor or administrator may be sued on, at the instance
of any party injured, in the name of the state to the use of such party, for the waste
or mismanagement of the estate, or other breach of the condition of such bond, and
the damages shall be assessed thereon as on bonds with collateral conditions.
§ 9. No security shall be charged beyond the assets of the testator or intestate,
by reason of any omission or mistake in pleading, or false pleading, of any exe-
cutor or administrator.
§ 10. The county court for disobedience to any order made in pursuance of this
act, may issue attachments, imprison the body, or proceed by sequestration of
land and goods, as fully as a court of chancery may do, and may issue their pro-
cess for that purpose, directed to any county, and cause it to be served therein.
ARTICLE VIII.
Of appeals,
$ 1. Appeals from the county to the circuit court, in what cases allowed^
2. Appeals wlicn to be taken. In what cases decision cf the county court to be final.
3. Application for appeal, affidavit to be filed, and by whom.
4. Applicant for appeal to file bond, condition of the bond.
5. Affidavit and bond filed, appeal to be granted, how far a superaedeas.
6. When, how, and for what cause, bills of exception may be taken.
ADMINISTRATION. 63
R '7. When appeal taken, duty of the clerk to transmit copy of the record and oviginal papers to circuit court,
8. Appeals, how to be proceeded on in the circuit court.
9. Proceedings and original papers to be certified to the court whence the appeal was taken, how proceeded on.
§ 1. Appeals shall be allowed from the decision of the county court, to the circuit
court," in the following cases:
First, On all demands against an estate exceeding twenty dollars.
Second, On all settlements of executors and administrators.
Third, On apportionments among creditors, legatees, or distributees.
Fourth, On orders directing the payment of legacies, making distribution, or
making allowances to the widow.
Fifth, On orders for the sale of personal estate, because equal distribution
cannot be made in kind.
Sixth, On orders for the sale of slaves or real estate.
Seventh, On judgments for waste.
Eighth, On proceedings to recover balances, escheated to the state.
Ninth, On orders revoking letters testamentary or of administration.
Tenth, On orders making allowances for the expenses of administration.'
Eleventh, On orders for the specific execution of contracts.
Tioelfth, On orders compelling legatees or distributees to refund.
§ 2. All such appeals shall be taken during the term at which the decision
complained of is made, and in all proceedings under this act not above enumerated,
the order or decision of the county court shall be final.
§ 3. The applicant for such appeal, his agent or attorney,'shall file an affidavit,
that the appeal is not taken for the purpose of vexation or delay, but because the
affiant believes that the appellant is aggrieved by the decision of the court.
§ 4. Every such appellant shall file in the court the bond of himself or some
other person, in a sum and with security approved by the court, conditioned, that
he will prosecute the appeal and pay all the debt, damages and costs that may be
adjudged against him.
§ 5. After such affidavit and bond have been filed, the appeal shall be granted,
but shall not be a supersedeas in any other matter relating to the administration
of the estate, except that, from which the appeal is specially taken.
§ 6. In all the cases above enumerated, any party may tender to the court dur-
ing the term at v/hich the appeal is taken, a bill of exceptions, specially setting
forth each item, the allowance or rejection of which was objected to, and the de-
cision of the court, and if such statements be true, the justices of the court shall
sign the same, and upon failure to do so, the like proceedings shall be had as upon
bills of exception in the circuit court.
§ 7. When such appeal shall be taken, the clerk shall transmit to the clerk of the
circuit court a certified transcript of the record and proceedings, relating to the
matter appealed from, with the original papers in his office, relating to the items
or decisions excepted to, but shall not send up any part of the record or papers^
unconnected with the matter in dispute.
§ 8. On every such appeal the circuit court shall determine the points or de-
64 PUBLIC ADxAIINlSTRATOUS.
cisions excepted to; and if it be of opinion that the county court erred on any maj
terial question of law or fact, a new trial shall be granted, which shall be had in
the circuit court in the same manner, and the same order or decision shall be made,
as the county court ought to have made.
§ 9. The clerk of the circuit court, shall certify a transcript of the record and,
proceedings, and the original papers, to the court, whence the appeal was taken,
who shall proceed according to the decision of the circuit court.
Approved, March 21st, 1835.
PUBLIC ADMINISTRATORS.
An act respecting public administrators.
$ 1 By whom appornted, nnd how, and tlie tenure of his office.
2. Oath of office to be taken, bond to be executed, condition of the bond.
3. Certificate of appointment, official oath and bohd, where filed and recorded.
4. Who may sue upon such bond.
5. How to be removed from office.
6. Compensation for services to be allowed.
7. When he may be indicted and fined.
8. What estates in hie county he shall take into his possession.
9. Shall make an inventory of such estate, and account for the same, how ^-c.
10. Letters regularly granted to any other person, public administrator to account, Sfc.
11. Duty of civil officers to inform public administrator of property, &;c.
12.' What suits and prosecutions may be instituted by public administrator.
13, 14, 15 & 16. Proceedings against persons unlawfully possessed of property, which ought to be committed to the
public administrator.
17. Whe.T to account and deliver money, &c., to heirs, &c.
Be it enacted by the general assembly of the state of Missouri as follows:
§ 1. Each county court may appoint a public administrator for its county, who
shall have been a resident citizen of the county for one year previous to his
appointment, and shall hold his office for two years, and until his successor be
qualified.
§ 2. Before entering on the duties of his office, he shall take the oaths required
by the constitution, and enter into bond to the state in a sum not less than ten
thousand dollars, with two or more securities approved by the court, and condi-
tioned that he will faithfully discharge all the duties of his office, and the court may
from time to time as occasion shall require, demand additional security of such
administrator, and in default of giving the same within a reasonable time, may
remove the administrator and appoint another.
§ 3. His certificate of appointment, official oath, and bond, shall be filed and re-
corded in the office of the clerk of the county court.
§ 4. Any person injured by the breach of such bond may sue upon the same,
in the name of the state, for his own use.
§ 5. Such public administrator may be removed from office in the same manner
and for the same causes as justices of the county courts.
PITBLIC ADMINISTRATORS. Ǥ
' § 6. He shall receive the same compensation for his services as may be allowed
by law, to executors and administrators, unless the court for special reasons, allow
a higher compensation.
§ 7. For any wilful misdeneanor in office, he may be indicted and fined, not
exceeding two hundred dollars.
§ 8. It shall be the duty of the public administrator to take into his charge and
custody, the e:5tate of every kind of deceased persons in his county, in the follov/ing
cases; first, when a stranger dies intestate in the county without relations or con-
fidential friends, or dies leaving a will, and the executor named is absent or fails to
qualify; second, vv'hen persons die intestate, without any known heirs, and admi-
nistration is not undertaken by some other responsible person; third, where per-
sons unknown die, or are found dead in the county; fourth, where money, pro-
perty, papers, or other estate, are left in a situation, exposed to loss or damage, and
no other person administers on the same; fifth, when any estate o( any person
who has died elsewhere, is left in the county liable to be wasted, injured, or lost»
or is not in the lav/ful custody of some responsible person; sixth, where from any
other good cause, the county court shall order him to take possession of any estate
to prevent its being injured, wasted, purloined or lost.
§ 9. He shall make a perfect inventory of all such estates taken into his posses-
sion, and administer and account for the same, as near as circumstances will per-
mit, according to the law prescribing the duties of administrators, subject to the
control and direction of the county court.
§ 10. If at any time letters testamentary, or of administration, be regularly
granted on such estate to any otiier person, he shall, under the order of the county
court, account for, pay, and deliver to the executor or administrator, thus ap-
pointed, all the money, property, and estate of eveiy kind in his possession.
§ 11. It shall be the duty of all civil officers, to inform the public administrator,
of all property, and estate known to them, which is liable to loss, waste, or injury,
and which by law ought to be in the possession of the public adininistrator.
§ 12. The public admiinistrators, shall institute all manner of suits and prosecu-
tions that may be necessary, to recover the property, debts, papers, or other
estate of the person deceased.
§ 13. If any person makes oath before a justice of the peace, that he hao reason
to believe, that any other person is unlawfully possessed of property, which ought
to be committed to the care of the public administrator, he shall issu:^ a warjant to
bring such person before him forthwith.
§ 14. When such person shall be brought before the justice, the matter shall be
tried in a summary way, and if the complaint be found tr^.e, the justice shall
render judgment, that the property be delivered to the public admiiiistrator to be
administered.
§ 15. Such judgment may be enforced by execution or attachment.
§ 16. If such person cannot be found, or the judgment be not complied with, the
justice may issue his warrant to seize the property or other estate and deliver it t«
the public administrator.
10
66 ALIENS— APPRENTICES.
§ 17. The county court may at any time, order the public administrator, to ac-
count for, and deliver, all the money and property of any estate in his hands, to
the heirs, or to an executor or administrator regularly appointed.
Approved, March 19t/i, 1835. -
ALIENS.
An act respecting aliens.
% 1. Aliens enabled to hold and transmit land.
Be it enacted by the general assembly of the state of Missouri, as foUoios:
§ 1. All aliens residing in the United States, who shall have made a declaration
of their intention to become citizens of the United States, by taking the oath re-
quired by law, and aliens resident in this state, shall be capable of acquiring real
estate in this state by descent, or purchase, and of alienating the same, and shall
incur the like duties and liabilities in relation thereto, as if they were citizens of
the United States. ■
A2:>proved, February 17th, 1835.
APPRENTICES.
An act concerning apprentices.
h \. What indentures shall be valid and binding.
2. How minors may bind themselves, having no parent or guardian.
3. Person to whom apprentice is bound to make an affidavit.
4. In case of incapacity of the father, mother may bind.
5. Incapacity how established.
- 6. Who may be bound out by the county eourt.
7. Guardians to bind out orphans without estate by consent of court, S[t,.
8. Indentures to contain certain covenants.
9. Courts to require execution, of covenants, and redress grievances.
10. Negro or mulatto apprentice not to be educated, allowance in lieu thereof.
11. Age of apprentice to be inserted in the indenture.
12. When indentures are void, as to the apprentice.
13. Causes for which apprentices may complain to court, proceedings of the eourt.
14. Court may dissolve contract, proceedings thereon.
15. Masters may complain against apprentices, proceedings of the court thereon.
16. & 17. How to proceed against apprentice for desertion and other misconduct.
18. Persons enticing apprentice to desert, rebel, &c., penalty.
19. To harbor, entertain or conceal apprentices, &c., penalty.
20. Executor may bind apprentice when authorized by will.
21. & 22 Refore whom and how to proceed against the master who is about to remove, &c., apprentice out of the state^
23. Proceedings in case the master wish to remove out of the state, or quit his trade.
24. Two or more masters, one dies, contract to survive ; death of all, how apprentice disposed of.
25. Wlien and how to proceed against apprentices for deserting the services of their master.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Every person bound by indenture of his free will, with the consent of hi«
APPRENTICES. Q7_
father, or if he be dead, of the mother or guardian, expressed in such indenture,
and signified by such parent or guardian signing the sajue, or by the county court,
-as herein after directed, to serve as clerk or apprentice, in any profession, trade or
employment, until the age of twenty-one years, or for any shorter term; although
such apprentice shall be under the age of twenty-one years, at the making of such
indenture, he shall be bound to serve the time specified in such indenture.
§2. Any infant having no parent or guardian, may, with the app]-obation of the
county court, endorsed on the indenture, bind himself an apprentice until he ar-
rives at the age of twenty-one years, or if a female, to the age of sixteeen
years.
§ 3. Upon the execution of every indenture of apprenticeship, the person to
whom the apprentice is bound, shall make an affidavit, that he will faithfully per-
form the duties requii^ed by the indenture and enjoined on him by law, which affi-
davit shall be endorsed on the indenture.
§ 4. When the father has not legal capacity to give consent, or when he shall have
wilfolly abandoned his family for six months, without making suitable provisions
for their support, or has become an habitual drunkard, the mother shall have the
came power to give such consent, as if the father were dead.
§ 5. Facts of incapacity, desertion or drunkenness, shall be decided in the county
court by a jury, before the indentures shall take effect; and an endorsement on the
indentures under the seal of the court, that the same are approved, shall be suffi-
cient evidence of the mother's power to give such consent, but if the jury do not
find the charge of incapacity, drankenness or desertion to be true, the person at
whose instance such proceedings may have been had, shall pay all costs attending
the same.
§ 6. When any poor child is or ma}" be chargeable to the county, or shall beg for
alms, or w^hose parents are or mnj be chargeable to the county, or shall beg for
alms, or where the parents of such child ore poor, and the father an habitual drun-
kard, or if there be no father, where the mother is of bad character, or sutlers her
children to grow up in habits of idleness, without any visible means of obtaining an
honest livelihood, it shall be lawful for the county court to bind such child r.n
apprentice until, (if a male) he arrives to the age of twenty-one years, pi^^ li a
female to the age of sixteen years.
§ 7. Every orphan or minor, who has not estate sufficient for inanitenance, may
be bound by his guardian, under the order and direction of the court, and the m-
dentures for binding such infant, shall be as eiTectual, as if such infant w^ere of full
age; and the counterpart of such indenture, shall, for the benefit of the child so
bound, be deposited with the clerk of the county [court], in which sach binding
shall take place, for safe keeping.
§ 8. It shall not be lawful, for any master to remove an apprentice out of this
state, and in all indentures by the county court, for the binding out any orphan,
or poor child as an apprentice, there shall be inserted among other covenants, a
clause to the following effect : that every master, to whom such child shall be
bound, shall cause such child, to be taught to read and write, and the ^jround rules
IJ9 APPRENTICES.
of aritbmetic, the compound rules, and the rule of three, and at the expiration of
his term of service, shall give him a new Bible, and two new suits of clothes,
if a male to be worth forty dollars, and if a female to be worth twenty dollars*
and ten dollars in current money of the United States.
§ 9. The county courts shall see that the terms of the indentures and the cove-
nants therein contained, be fulfilled, and that such child be not ill used, and the
said court is hereby required, to enquire into and redress any grievances which
may occur in the premises, in such manner as is prescribed by law.
§ 10. When an apprentice is a negro or mulatto, it shall not be the duty of the
master to cause such coloured apprentice to be taught to read or write or a
knowledge of arithmetic; but he shall be allowed, at the expiration of his term of
service, a sum of money in lieu of education, to be assessed by the county
court.
§ 11. The age of every apprentice shall be inserted in the indenture.
§ 12. All indentures entered into otherwise than according to law, shall be ut-
terly void, so far as it concerns the apprentice therein bound.
§ 13. The county courts, shall receive the complaints of apprentices who reside
within the county, against their masters, alledging undeserved or immoderate
correction, insufficient allowance of food, raiment or lodging, want of instruction
in their trade or profession, or that they are in danger of bsing removed out of
this state, or the violation of the indentures of apprenticeship, and may hear and
determine such cases, by a jury, and make such order thereon, as will relieve the
party injured in future.
§ 14. The county court shall have power, when circumstances require it, to
discharge an apprentice from his apprenticeship, and in case any money or other
thing has been paid, or contracted to be paid, by either party, in relation to said
apprenticeship, the court shall m.ake such order concerning the same, as shall
seem just and reasonable. If the apprentice so discharged, shall have been
bound originally by the county court, it shall be the duty of the court, if they
judge necessary, again to bind such apprentice.
§ "V-5. The court shall, in like manner, hear and determine the complaints of masters
against i\\/^ir apprentices, for desertion without good cause, for any misdemeanor,
miscarriage or ill behaviour, and may punish such apprentice, according to the
nature and aggravation of his offence, the court may order the apprentice guilty
thereof, to make restitution, by the payment of a sum not exceeding ten dollars, for
each month he may be so absent; to be collected as other debts, after such
apprentice shall become of full age. The awarding of costs on proceedings
under this section, shall be in the discretion of the court.
§ 16. If any apprentice shall abscond,or depart from the service of his master with-
out leave, or shall rebel against, or assault his master, any judge or justice of the
peace, on complaint made, and suflicient cause shown on oath by the master, or
any one on his behalf, shall issue a warrant, directed to any Tsheriff or constable
within this state, or to any discreet or responsible person to be named in said
tvarrajat, commanding him to apprehend said apprentice, wherever he may bt
found in this state, and to bring him before the court of the proper county, to be
dealt with according to law. The said warrant shall be an authority to any sheriOf
or constable within this state, or other person named in the warrant, to execute
the same in any part of the state.
§ 17. If upon the return of any such warrant, the county court shall not be in
session, it shall be the duty of the person serving the same, to carry the apprentice
before some judge or justice of the peace, of the said county, who shall take bail
for the appearance of the apprentice at the next term of the court, to answer to
the complaint of the master, or for want of bail, commit him or her to prison,
until the sitting of the next court, unless the said master or mistress shall consent
to his discharge, the costs of the process, service and commitment, shall be paid,
in the first instance by the master, but the court upon final hearing, may order
such apprentice to make retribution of such costs, by future services after the ex-
piration of the term for which he shalf have been bound.
§18. Every person who shall counsel, pers-uade, entice, aid or assist any ap-
prentice to run away or absent himself, from the service of his master, or to
rebel against, or assault his ma^t3.', s'r ill fj.-feit not lo.5s thin twenty, nor more
than five hundred dollars; to be sued for and recovered by action on the case with
costs, by such master, in any court having jurisdiction thereof.
§ 19. Every person who shall entertain, harbor or conceal any apprentice,
knowing such apprentice to be runaway, or to have absented himself from the
service of his master without leave, shall forfeit one dollar for every day's entertain-
ment, harboring or concealing, to be sued for and recovered by action of debt with
costs, by such master, in any court having jurisdiction thereof.
§ 20. The executor, who by the last will of a father, is directed to bring up his
child to some trade or calling, shall have power to bind such child by indenture, in
like manner as the father if living might have done, or shall raise such child accord-
ing to such direction.
§ 21. If it shall appear to any judge or justice ofthe peace, upon the oath of any
competent person, that any master is about to remove, or cause to be removed, any
apprentice out of this state, such judge or justice shall issue his warrant, and cause
such master to be brought before iiim, and if, upon examination it appears, that such
apprentice is in danger of being removed without this state, the judge or justice,
may require the master to enter into recognizance with sufficient security, in the
sum of one thousand dollars, conditioned that such apprentice shall not be removed
without the state, and the said master will appear with the apprentice, before the
county court at the next term thereof, and abide the decision of the court therein;
which recognizance shall be returned to the county court,and the court shall proceed
therein in a summary manner, and may discharge or continue the recognizance,
or may require a new recognizance, and otherwise proceed according to law and
justice.
§ 22. If the master, when brought before any judge or justice, fail to enter into a
recognizance,when required so to do, such judge or justice shall commit the custody
cf such apprentice to some other proper person, who will enter into recognizance.
70 . ARBITRATIONS.
§ 23. Whenever any master of an apprentice, shall wish to remove out of this
state, or to quit his trade or business, he shall appear with his apprentice before the
county court of the proper county, and if the court be satisfied, the master has
done justice to said apprentice for the time he has had charge of the same, such
court shall have power to discharge such apprentice, from the service of such
master, and again bind him, if necessary, to some other person.
§ 24. When any person shall become bound as an apprentice, to two or more
persons, and one or more of them die before the expiration of the term of service,
the indentures shall survive to and against such survivor, and in case of the death of
all the masters in any such indenture, before the expiration of the term of service, the
executor or administrator shall bring the indenture, and apprentice therein named,
before the county court of the proper county, and such court shall, if necessary,
again bind sach apprentice, to some other person.
§ 25. If any apprentice shall absent himself from the service of his master
without leave, or shalf runaway, so that the master shall be deprived of his service^
during the remainder of the time, or any part thereof, for which he was bound to
serve, the master of such apprentice, may liave an action on the casein any court
of competent jurisdiction, against such apprentice, after he arrives at full age, for
the damages that such master may have sustained, by reason of the absence of such
apprentice; such action shall be brought within two years after such apprenticp
arrive at full age.
Approved^ March 17 th, 1835.
ARBITRATIONS.
An act concerning arhiiraiions and refermces*
I 1. Who may submit; what matters; Iiow.
2. Arbitrators to appoint time, &c. for liearing; to notify parties; may adjourn, SfC.
3. Oath of arbitrators.
4 Attendance of witnesses how compelled; power of arbitrators during the liearing of the cause
6. All the arbitrators to meet; when majority may award.
6. Award how to be authenticated.
7 & 8. How award lobe confirmed; proceedings of the court thereon.
9. Grounds on which parties may move to vacate award.
10. When motion may be made to modify or correct award.
11. Motions to vacate or modify award, when made. 4tc.
12. Powers of court; when to direct a new hearing.
13. Judgment when and how to he rendered.
14 & 15. Costs, when and how taxed and collected.
16. Effect and extent of the judgment.
17. Record of judgment to be made, its form.
18. Writ of error or appeal on judgment, proceedings thereon.
19. Costs on vacating award, payment how enforced.
20. Error or appeal on order vacating award, return and proceedings.
21. Proceedings of court on reversing order.
22. Powers of chancery and certain actions, not to be affected by this ael.
23. When submission cannot be revoked; action on bond, &e.
24. Preccedings in action; damages to bo recovered.
I
ARBITRATIONS. . 71
25. No other than the damages specified to be recovered.
26. Referees appointed in pursuance of any order of reference, shall proceed, &C
27. Referees to appoint time, &c. for hearing: may adjourn, &;c.
28. Oath of referees.
29. Referees same authority as arbitrators, by the 4th section of this act.
30. All the referees to meet; majority may report, &c.
31. Power of the court over the referees.
32. If the report of tlie referees be confirmed, judgment thereon.
33. Fees of witnesses and other officers to be paid, &c.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. All persons except infants, married women and persons of unsound mind,
may, by an instrument in writing, submit to the decision of one or more arbitrators,
any controversy existing between them, which might be the subject of an action
at law, or a suit in equity, and may in such submission, agree that a judgment of
any circuit court, to be designated in such submission, shall be rendered upon the
award made, pursuant to such submission.
§ 2. The arbitrators thus selected, shall appoint a time and place for the hearing,
and notify the parties thereof, and shall adjourn the heaving from time to time as
may be necessary, and on the application of either party, and for good cause, may
postpone the hearing to a time, not extending beyond the day fixed in the sub-
mission for rendering the award.
§ 3. Before proceeding to hear any testimony, the arbitrators shall be sworn,
faithfully and fairly to hear and examine the matter in controversy, and to make
a just award according to the best of their understanding.
§ 4. The arbitrators shall have the same authority to issue subpoenas for wit-
nesses, and to compel their attendance by attachment, to administer oaths and
punish contempts, committed in their presence, during the hearing of the cause,
that shall be given by law to justices of the peace.
§ 5. All the arbitrators must meet together and hear all the proofs and allegations
ofthe parties, pertinent or material to the cause; but an award made, and every other
act done by a majority of them shall be valid, unless the concurrence of all the ar-
bitrators, or of a certain number of them to such award or act, be expressly re-
quired in the submission.
§ 6. To entitle an award to be enforced, according to the provisions of this act,
it must be in writing, subscribed by the arbitrators making the same, and attested
by a subscribing witness thereto.
§ 7. Upon such submission, and the award made in pursuance thereof being
proved, the court designated in the submission, shall, upon motion, by an order in
open court, confirm the award, unless the same be vacated or modified, or a de-
cision thereon be postponed as herein provided.
§ 8. No award shall be so confirmed, unless a copy thereof, together with a
notice in writing of such motion, shall have been served on the adverse party, at
least fifteen days before the making of the same, if such party be found, or if not,
left at his usual place of abode, with some free white member of the family above
the age of fifteen years; and no such motion shall be entertained after the expira-
tion of one year from the publication of the award.
74 ARBITRATIONS.
§ 9. Any party complaining of such award, may move the court designated in
such submission, to vacate the same, upon either of the following grounds:
First, That such award was procured by corruption, fraud, or other undue
means. '
Second, That there was evident partiality or corruption, in the arbitrators, or
either of them.
Third, That the arbitrators were guilty of misconduct, in refusing to postpone
the hearing upon sufficient cause shewn, or in refusing to hear any
evidence pertinent or material to the controversy, or any other mis-
behaviour, by w^hich the rights of any party, shall have been preju-
diced.
Fourth, That the arbitrators exceeded their powers, or that they so imper-
fectly executed them, that a mutual, final and definite award, on the
subject matter submitted, was not made.
§ 10. Any party to such submission, may also move the court designated therein,
to modify or correct such award, in the follovving cases:
First, Where there is an evident miscslculation of figures, or an evident mis-
take in the description of any person, thing, or property, refered to
in such award.
' Second, Where the arbitrators shall have awarded upon some matter, not sub-
mitted to them, not affecting the merits of the decision upon the
matter submitted.
Third, Where the award shall be imperfect in some matter of form, not affect-
ing the merits of the cmtroversy; and where, if it had been a ver-
dict, such defect could have been amended, or disregarded by the
court, according to the provisions of law.
§ 11. Every such application to vacate or modify an award, shall be made to
the circuit court designated in the submission, at the next term after the publication
of such award, .upon at least ten days previous notice in writing to the adverse
party, if there be time for that purpose, and if there be not time, such court or any
judge thereof, may upon good cause shewn, order a stay of proceedings on such
award, either absolutely, or upon such terms as shall appear just, until the term of
the court, next after such first term.
§ 12. On such application, the court may vacate such award, in any of the
cases herein before specified; and if the time within which such award shall
have been required to be made by the submission, has not expired, may in their
discretion, direct a rehearing by the arbitrators, and in the cases herein before
specified, the court may modify and correct such award, so as to affect the intent
ihereof, and to promote justice between the parties.
§ 13. Upon such award being confirmed or modified, the court shall render
|uc Igment in favor of any person, to whom any sum of money shall have beeni
aw arded, that he recover the same, and if the award, shall have order.^d anv act to
be done, by either party, judgment shall be rendered that such act be done accord"]
11^ I to such order.
ARBITRATIOJNJ^. 73
^14, The costs of the proceedings, after an application to the circuit court for
its action upon the award, and the fee allowed by law to the arbitrators, (where no
provision for the payment of such fees is made in the award) shall be taxed and
collected as in suits at law; but no costs shall be taxed for any other services or
expenses, prior to such application.
§ 15. The arbitrators may ascertain the costs incurred in the proceedings before
them, and make such order in their award, touching the payment thereof, as to
them shall seem just.
§ 16. Such judgment shall have the same force and effect, in all respects, as the
judgment of the same court, in actions, and shall be subject to all the provisions of
law applicable to the judgments of such court in actions.
§ 17. The record of such judgment, Avhen drawn up in form, shall recite the
submission, state the hearing before the arbitrators, their award, the proceedings
of the court thereon in modifying or confirming such award, and the judgment of
the court for the recovery of the money awarded, and that the parties perform the
acts ordered by the award, and for the recovery of the costs allowed.
§ 18. When any writ of error or appeal shall be taken to such judgment, copies
of the original affidavits upon which any application in relation to such award was
founded, and of all other affidavits and papers relating to such application, shall be
annexed to form a part of, and be returned with, the record of the judgment; and
the court to which such writ of error or appeal shall be taken, shall reverse, modify
or amend, or affirm such judgment, or any part thereof, according to justice.
§ 19. If upon any application made pursuant to the provisions of this act, the
court shall vacate any award of arbitrators, costs shall be awarded to the prevail-
ing party, and be collected as in other similar cases.
§ 20. Upon every such order vacating an award, the party aggrieved may take
a writ of error, or an appeal, as upon any other judgment of such court, and there-
upon copies of such order and of all affidavits and papers used on such application^
shall be certified to tlie court, to which such appeal or writ of error is taken, and
such court shall affirm or reverse such order, as shall be just.
§ 21. If such order be reversed, the proceedings shall be remitted to the court
from which they were removed, to proceed thereon, or the court to which such
proceedings may have been returned may proceed thereon, after due notice to the
party complaining of such award, to modify or confirm the same in the same man-
ner and with the like effect, as if the application for that purpose had been originally
made to such court.
§ 22. Nothing contained in this act shallimpair, diminish, or in any way affect, the
authority of a court of equity over arbitrators' awards, or the parties thereto;
nor to impair or affect any action upon any award, or upon any bond or other
engagement, to abide by any award.
5 23. Whenever any submission to arbitration shall be revoked by a party
thereto, before the publication of the award, the party so revoking, shall be liable
to an action by the adverse party, to recover all the costs, expenses and damages^
in preparing for such arbitration. But neither party shall have power to revoke
11
74 ARRBITATIONS.
the powers of the arbitrators, after the cause shall have been submitted to them,
upon a hearing of the parties, for their decision.
{ 24. If the submission so revoked was contained in the condition of any bond,
the obligee in such bond shall be entitled to prosecute the same, in the same man-
ner as other bonds with conditions, other than for the payment of money, and
to assign such revocation as a bi-each thereof, and for such breach he shall recover
as damao-es, the costs and expenses incurred, and the damages sustained by him, in
preparing for such arbitration.
§ 25. No other sum, penalty, forfeiture or damages, shall be recovered for any
revocation of a submission to arbitration, than such as are prescribed in the two last
sections notwithstanding any stipulated damages, penalty or forfeiture, contained
in such submission, or in any other instrument, or agreement collateral thereto.
§ 26. The referees appointed in pursuance of any order of reference, shall pro-
ceed with diligence, to hear and determine the matter in controversy.
6 27. They shall appoint a time and place for the hearing and notify the parties
thereof, and shall adjourn the hearing from time to time, as may be necessary^
and for good cause, they may postpone such hearing to a time not extending beyond
the next term of the court in which the suit is pending, or where a longer time is
ffiven by the order of the court within which to report, not extending beyond such
time.
§ 28. Before proceeding to hear any testimony in the cause, they shall be sworn
faithfully and fairly to hear and examine the cause, and to make a just and true re-
port, according to the best of their understanding.
§ 29. The referees shall have the same authority that is conferred by the fourth
section of this act upon arbitrators.
§ 30. All the referees must meet together and hear all the proofs and allegations
of the parties, but a report made, and every other act done by a majority of them*
shall be valid.
§ 31. The referees may be compelled, by the order of the court in which the
case is pending, to proceed to the hearing, and to make report, and the court may
require them to report their decision in admitting or rejecting any witness, or the
deposition of any witness, in allowing or overruling any question to any witness,
or the answer thereto, and all other proceedings by them, together with the testi-
mony before them, and their reasons for allowing or disallowing any claim of
either party.
§ 32. If the report of the referees be confirmed by the court, judgment shall be
rendered thereon, in the same manner, and with the like effect, as upon the verdict
of a jury.
§ 33. Witnesses shall receive the same fees for attending before arbitrators and
referees, that shall be allowed them for attending before the circuit court, and
sheriffs and all other officers, shall be entitled to the same fees for services per-
formed in relation to arbitrations and references, that shall be alloved them in their
respective courts.
Approved, March 10th, 1835.
ATTACHMENTS. 75
ATTACHMENTS.
An act to provide for the recovery of debts by attachment,
ARTICLE I. Of attachment in the circuit court.
ART. H. Of attachments before justices of the peaco.
ARTICLE I.
Of attackment in the circuit courL
Seo. 1. When property of a debtor may Ive attached.
2. Proceedings to obtain attachment; declaration and affidavit filed, ^-e.
3. Original writs, form and effect of.
4. When separate writs may be issued to different counties.
5. Writs, how issued and returned, proceedings thereon.
6. Writs, how to be served.
7. Who shall be summoned as garnishees.
8. Defendant not summoned, how to proceed, S^c. publication to be made.
9 Notice, when and how given; expense of, how paid.
10. If defendant fail to appear, judgment by default, &c.
11. Extent, operation and effect of the judgment.
12. Property or effects of one defendant attached, &c. how plaintiff may proceed.
13. Property of one defendant seized, <^-c. when cause shall not be delayed.
14. Property attached in any other persons hands than the defendant, may be retained, bond, ^c. jiT«n.
15. Capias may issue against garnishee, how obtained.
16. What to be endorsed on the writ; service extent and effect of.
17. Return of the writ and proceedings, how made.
18. Liability of the officer on failing to return good and sufficient bond.
19. Plaintiff may exhibit interrogatories, &c. against garnishees.
20. Interrogatories, ^"C. when filed.
21. Interrogatories, S^c. when and how served upon garnishee.
22. Garnishee notified, failing to answer, judgment by default.
23. Judgment by default, how rendered final, extent and effect of, against garnishee.
24 Answer of garnishee excepted to, adjudged insufficient, proceedings thereon.
25. Answer of garnishee denied, &;c., proceedings.
26. When the answer of garnishee shall be taken as true and sufficient.
27. On answer of garnisliee, wl:en judgment may be rendered; allowance to garnishe*.
28. Costs, how settled between plaintiff and garnishee.
29. When garnishee may discharge himself by delivery of effects, &;c.
30. Debts not yet due the defendant may be attached, &c.
31. Debt on bond note, ^-c. attached, assignee of, when and how notified, S;c
32. When and how persons may interplead; proceedings thereon.
33. Costs in case of interpleader, how adjudged.
34. Power of the court to prescribe rules of proceeding in attachment causes.
35. Proceedings to obtain attachment in aid of the ordinary process, tc.
36. Defendant not to be held to bail; when defenda^' may appear and plead to the merits.
37. In what cases attachments may be dissolved before final judgment.
38. In what cases and when bond anJ security to be given by plaintiff.
39. Failing to give bond attachment dissolved, proceeding thereon.
40. Perishable property may be sold, when.
41. Proceeds of sale to remain with tiie officer, how to he disposed of.
42. Order of sale, proceedings of the clerk and officer thereon.
43. In what cases plaintift' to give bond before execution can issue, i^c.
44. Within what time and how judgment on constructive notice may be resisted.
45 to 50. Proceedings on petition of defendant to set aside judgment by default.
^1. On judgments in attachment, how executions may be awarded.
52. CompensatioR to officer, &c. keepinj property attached.
.^ ATTACHMENTS..
- Be it enacted by the general assembly of the state of Missouri, asfolloios:
§ 1 Creditors whose demands amount to fifty dollars, or more, may sue their
debtors in the circuit court, by attachment, in the following cases:
First, Where the debtor is not a resident of, nor residing in this state.
Second, Where the debtor has absconded or concealed himself, or so absented
himself from his place of abode, that the ordinary process of law
cannot be served upon him.
Third Where the debtor is about to remove his property out of the state,
so as to hinder or delay his creditors.
Fourth, Where there is good reason to believe that the debtor is about frau-
dulently to remove, convey or dispose of his property or effects, so as
to hinder or delay his creditors.
§ 2. Any creditor wishing to sue his debtor by attachment, may file in the clerk's
office of the circuit court of any county in the state, a declaration, or other lawful
statement of his cause of action, and also an aflidavit of himself, or some other
credible person, stating that the defendant is justly indebted to the plaintiff, after
allowing all just credits and set-offs, in a sum (above fifty dollars,) to be specified in
the affidavit, and also stating the belief of the affiant, of the existence of one or
more of the facts, which under the provisions of the first section, would entitle the
plaintiff to sue by attachment, and thereupon such creditor may sue out an original
attachment against the lands, tenements, goods, monies, effects, and credits of the
debtor, in whosesoever hands they may be.
^ 3. Original writs of attachment shall be in the form now used, and allowed in
the courts of this state, with the addition of a clause of the nature and to the effect
of an ordinary summons, to answer the action of the plaintiff'.
5 4. When there are several defendants who reside or have property in different
counties, and when a single defendant in any such action, has property or effects,
in different counties, separate writs may be issued to every such county, and every
such suit shall be endorsed upon or annexed to a copy of the declaration.
j 5. Original writs of attachment shall be issued and returned in like time and
manner as ordinary writs of summons, and when the defendant is summoned to
answer the action, the like proceedings shall be had between him and the plaintiff*
as in ordinary actions on contracts, and a general judgment may be rendered for or
against the defendant.
§ 6. The manner of serving writs of attachment, shall be as follows:
First, The writ and declaration, shall be served upon the defendant as an
ordinary summons.
Second, Garnishees shall be summoned by the sheriff or other officer having
charge of the service of the writ, declaring to them, that he does
summon them to appear at the return day of the writ, to answer
the interrogatories which may be exhibited by the plaintiff, and by
reading the writ to them, if required.
Third, When lands or tenements are to be attached, the officer shall briefly
describe the same in his return, stating the quantity and situation.
ATTACHMENTS. 77
and declare that he has attached all the right, title and interest, of
the defendant in the same, or so much thereof as may be sufficient to
satisfy the debt, interests and costs, and shall moreover give notice
to the actual tenants, if any, at least ten days before the return of
the writ, and state the fact of such notice and the names of the
tenants, in his return.
Fourth^ When goods and chattels, money, or evidences of debt, are to be
attached, the officer shall seize the same and keep them in his custody,
if accessible, and if not accesible, he shall declare to the person in
possession thereof, that he attaches the same in hie hands, and
summon such person as a garnishee.
When the credits of the defendant are to be attached, the officer shall declare
to the debtor of the defendant, that he attaches in his hands, all debts due from
him to the defendant, or so much thereof as shall be sufficient to satisfy the debt,
interests and costs, and summon such debtor as a garnishee.
{ 7. All persons shall be summoned as garnishees, who are named as such in the
writ, and such others as the officer shall find in possession of goods, money or
effects of the defendant, not actually seized by the officer, and debtors of the
defendant, and also such as the plaintiff or his attorney, shall direct.
§ 8. When the defendant cannot be summoned, and his property or effects shall
be attached, if he do not appear and answer the action at the return term of the
writ, and within the first six days thereof, the court shall order a publication to be
made, stating the nature and amount of the plaintiff's demand, and notifying the
defendant that his property has been attached, a.nd that unless he appear at the next
term and on or before the third day thereof, judgment will be rendered against him,
and his property sold to satisfy the same.
§ 9. The notice required in the last section shall be published four weeks in some
newspaper printed in this state, in such time as the court may appoint; the necessary-
expense of which shall be taxed as other costs.
§ 10. When the defendant shall be notified as aforesaid, and shall not appear and
answer the action, judgment by default may be entered, which may be proceeded
on to final judgment, in like manner as in ordinary actions.
\ 11. Such judgment shall bind only the property and effects attached, and no
execution shall issue against any other property of the defendant, nor against his
body, nor shall such judgment be any evidence of debt against the defendant in
any subsequent suit.
\ 12, When two or more shall be defendants in any attachment cause, and the
property or effects, if part of them shall be attached in the hands of the garnishees,
but not actually seized nor secured by bond, the plaintiff may, at his option, proceed
against those v/hose property has been attached, or continue the cause, and sue
out new process against the other defendants.
{ 13. But when the property of one or more of the defendants has been actually
seized or secured by bond, the cause shall not be delayed for the purpose of sueing
out new process against the other defendants, unless upon good cause shewn, the
court shall so order.
te ATTACHMENTS.
5 14. The property of the defendant, found in the hands of any person other than
the defendant, shall be attached, such person may retain the possession by giv-
ing bond and security to the satisfaction of the officer executing the writ, to the
sheriff, his successor or assigns, in double the value of the property attached, condi-
tioned that the same shall be forthcoming w^hen and where the court shall direct,
and shall abide the judgment of the court.
5 15. When any plaintiff in attachment shall, in addition to the affidavit herein
before required, file in the clerk's office, his own affidavit, or that of some other credi-
ble person, stating that any person in the county, other than the defendant, has in
his hands or possession, or under his control, any property or effects of the defend-
ant, and showing the kind, quantity and value thereof, or stating that such person
is indebted to the defendant in a sum above fifty dollars, the amount to be specified
in the affidavit, and stating moreover such circumstances as shall satisfy the clerk,
that the debt of the plaintiff will be endangered by reason that such person is about
to remove or secrete the property or effects, or if a debtor of the defendant, that he
is about to abscond or leave the state not to return, the clerk shall make an order
for the insertion of a clause of capias in the writ of attachment, and shall insert it
accordingly.
} 16. The clerk shall endorse on the writ the amount of the bond to be taken
of the garnishee, and the like proceedings shall be had and the like bond (as near
as may be) may be taken, as on ordinary writs of capias ad respondendum. The
arrest of the garnishee shall be an attachment of the property, effects and credit,
of the defendant in his hands, or owing by him; and shall operate as a summons
to answer interrogatories as herein after provided for.
§ 17. The officer executing any writ of attachment shall return with the writ
all bonds taken by him in virtue thereof, and a schedule of all property and effects
attached, and the names of all the garnishees, with the times and places when and
where respectively arrested or summoned.
§ 18. If the officer fail to return a good and sufficient bond, in any case where
bond is required or allowed by this article, the court may, upon motion of the plain-
tiff, rule the officer to file a good and sufficient bond to be judged of, by the court,
on or before the first day of the next term, and in default thereof, such officer shall
be held and considered as security for the performance of all acts and the pay-
ment of all monies, to secure the performance and payment of which such bond
ought to have been taken; and he and his securities shall be liable therefor on his
official bond. But no such motions shall be made unless at the return term and
within the first six days thereof.
§ 19. The plaintiff may exhibit in the cause, written allegations and interroga,
lories, touching the property, effects, and credits attached in the hands of any
garnishee owing by him, and require such garnishee to make full, direct and true
answers to the same, upon oath.
} 20. The allegations and interrogatories shall be filed at the return term of the
writ and within tiie first three days thereof, and not afterward, unless upon good
cause shewn, the court shall order otherwise.
ATTACHMENTS. 79
5 21. The plaintiff shall cause every garnishee to be served with ft copy of the
allegations and interrogatories, which he is required to answer, within thirty days
after the end of the return term, if such garnishee can be found in the county, in
which he was arrested or summoned, and if not found in that county, the plaintiff
shall cause a copy thereof to be stuck up at the court house door of the county
in which the suit is pending, within thirty days after the end of the return term,
which shall be equivalent to actual service. Such copies may be served and
proved as other notices are required by law to be served and proved.
§ 22. Eveiy garnishee being notified as aforesaid, shall exhibit and flip, his an-
swer on oath at the next term, and on or before the third day thereof, and in de-
fault thereof, the plaintiff may take judgment by default against him, or the court,
upon motion, may compel him to answer by attachment of his body.
5 23. Such judgment by default may be proceeded on to final judgment, in like
manner as in case of defendants in actions upon contracts, but no final judgment
shall be rendered against the garnishee, until there shall be final judgment against
the defendant, and in no case for a greater amount than the demand of the plaintiff,
with interest and costs; nor for a greater amount than the garnishee slt"Uv appear
to be liable for to the defendant. clL
a
§ 24. The plaintiff' may except to the answer of any garnishee for insufficiency,
and if the same shall be adjudged insufficient, the court may allow the garnishee
to amend his answer in such time and on such terms as shall be just, or the plain-
tiff may take judgment by default, or move the court to attach the body of the
garnishee to compel a sufficient answer.
\ 25. The plaintiff may deny the answer of the garnishee, in whole or in part,
and the issues shall be tried as ordinary issues between plaintiffs and defendants.
And if on such trial, propeity or effects of the defendant be found in the hands of
the garnishee, the value thereof shall be assessed and the judgment shall be for the
proper amount in money. ''^
5 26. If the answer of the garnishee be not excepted to, nor denied in proper
time, it shall be taken to be true and sufficient.
5 27. If by the answer not excepted to, nor denied, it shall appear, that the garni-
shee is possessed of property or effects of the defendant, or is indebted to the
defendant, the value of the property or effects, or of the debt being ascertained,
judgment may be rendered against the garnishee; and in such case, the court may
make him a reasonable allowance for his trouble in answering, to be paid out of the
fund confessed in his hands.
§ 28. In all cases of controversy between the plaintiff and garnishee, said parties
may be adjudged to pay or recover costs, as in ordinary cases between plaintiff and
defendant.
§ 29. Whenever any property, effects, money, or debts, belonging or owing to the
defendant, shall be confessed or found by the court or jury against the garnishee, he
may, at any time before final judgment, discharge himself by delivering the same to
the sheriff.
80 ATTACHMENTS.
§ 30. Debts not yet due to the defendant may be attached, but no execution
shall be awarded against the garnishee for debts, until they shall become due.
5 31. Whenever any debt accruing upon bond, note, or other assignable security,
shall be attached in the hands of the debtor, such garnishee may give a written
notice of the attachment to any person who may claim an interest in such debt by
assignment, if within the state, fifteen days, and if without the state, sixty days
before the hearing or trial of the garnishment, and the person so notified may inter-
plead in the cause, and if written proof of the service of the notice be made to the
satisfaction of the court and noted of record before the trial, such person shall be
bound by the judgment.
§ 32. Any person claiming property, money, effects, or credits attached, may
interplead in the cause, and issues may be made upon such interpleader, and shall
be tried as like issues between plaintifi' and defendant, and without any unneces-
sary delay, and no judgment shall be rendered against the garnishee, in whose hands
the same may be, until the interpleader shall be determined.
§ 33. In all cases of interpleader, cost may be adjudged, for or against either
party, 3=* " .' ordinary actions.
{ 34. ^^ne circuit court may, by rule, prescribe the time and manner of excepting
to and denying the answers of garnishees, of interpleading, of exhibiting or filing
any papers, or taking any needful step in any attachment cause, when the time and
manner of doing the same are not prescribed in this article.
§ 35. Any creditor having sued his debtor in any action of debt, covenant or
tresspass on the case on promises, by summons, and with original attachment, may,
atany time pending such suit, and before final judgment therein, file in the officeofthe
clerk of the court in which the suit is pending, such affidavit as is required by the
second section of this article, for any original attachment, and sue out a writ or
•writs of attachment against the property, effects and credits, of the defendant, which
writ shall be entitled in the cause pending, and be in aid thereof. The form of such
writ shall, as well as may be, conform to that of original attachments; they shall be
served and returned in the same manner, and the like proceedings shall be had
thereon, as are required or allowed on original attachments, in all things as near as
may be.
§ 36. No defendant in attachment shall be arrested or held to bail, and every
defendant,not served with a summons, may,at any time before final judgment against
him, appear and plead to the merits of the action, on such terms as the court may
direct.
§ 37. Attachments may be dissolved, on motion made in behalf of the defendant,
at any time before final judgment, in the following cases :
First, Where the afllidavits on which the same were founded shall be adjudged
by the court insuflicient. But no attachment shall be dissolved in
such case, if the plaintifi' shall file a good and sufficient affidavit to be-
approved by the court, in such time and manner as the court shall
direct.
ATTACHMENTS- 81
Second, Where the defendant shall appear and plead to the action, and give
bond to the plaintiff, with good and sufficient security, to be approved
by the court, in double the amount of the property, effects and credits
attached, conditioned that such property, effects and credits shall
be forthcoming, and abide the judgment which shall be rendered in
the cause, when and where the court shall direct; and
Third, Vv^here the defendant shall appear and plead to the action, and give like
bond and security, in a sum sufficient to satisfy the debt sworn to1n
behalf of the plaintiff, with interests and costs of suit, conditioned
that the defendant will pay to the plaintiff the amount which maybe
adjudged in favor of the plaintiff, interest, and all costs of suit, on or
before the first day of the term next after that at which judgment
shall be rendered.
§ 38. At any time after the return of a writ of attachment, the court may, upon mo-
tion of the defendant, or any garnishee, and for good cause, rule the plaintiff to give
bond and security to the sheriff, or other officer serving the Vv'rit, the amount of the
bond and the solvency of the obligors to be judged of and approved by the court, con-
ditioned that the plaintiff shall prosecute his suit with effect and without delay, and
that he will pay all damages which may acrue to the defendant or any garnishee, in
consequence of the attachment.
§ 39. If the plaintiff fail to give such bond in the time required by the rule, the
attachment shall be dissolved, and he shall pay all costs occasioned thereby; and if
the defendant has been summoned, or appeared to the action, the same shall proceed
as if the original process had been a summons only.
§ 40. When property shall be actually seized, which is likely to perish or depre-
ciate in value before the probable termination of the suit, or the keeping of which
would be attended with much loss or expense, the court, or the judge in vacation,
may order the same to be sold by the sheriff or other officer having charge of the
property, and the sale shall be conducted in like manner, as near as may be, as
sales of goods under Vv^rits of j'tcrz facias.
§ 41. The proceeds of such sales shall remain in the hands of the o^cer, subject
to be disposed of as the property would have been subject, -•'''it had remained in
specie.
§ 42. The order of sale, when made in vacatio"^ shall be delivered to the clerk of
the court and filed in the cause; and the n^'^^'^^ shall deliver to the officer having
charge of the property, a copy of everj- oi'^er of sale, whether made in term or vaca-
tion, and such officer sliall make -eturn thereof to the court, at such time as shall be
expressed in the order showing how he has executed the same, and what funds
remain in his hands.
§ 43. In cases where the judgment is rendered against the defendant, upon pub-
lication of notice without service of a summons, or his appearance to the action, no
execution shall be awarded, until the plaintiff; or some person for him, shall give a
bond in favor of the defendant, to be approved of by the court, in double the amount
of the judgment, conditioned, that if the defendant shall, within three years from the
12
82 ATTACHMENTS.
date of the bond, appear in such court, disprove or avoid the debt or damages
adjudged against him, or any part thereof, the plaintiff shall pay and refund to the
defendant all such moneys as shall appear to have been received and collected by»
and not justly due to him, together with such damages as may be assessed.
§ 44. In order to disprove or avoid the debt or damages, as mentioned in the
preceding section, the defendant may petition the cii-m.it coui t in which the judg-
ment was rendered, at any time within three years from the date of the bond, and
not afterwards, setting forth the grounds on vvhich he resist the demand of the plain-
tiff, andfuriiish the plaintiff with a copy of the petition fifteen days before the same
shall be presented, with a written notice, endorsed on the copy, of the day and place
when and where the petition will be presented.
5 45. If the petition deny the cause of action on which the judgment was ren-
dered, and be verified by the oath of the petitioner, the plaintiff shall be required to
prove the same; and, in default thereof, it shall be adjudged that the debt and dama-
ges are disproved and avoided.
{ 46. If the petition denying cause of action be not verified by oath, or if the petition
allege a set off, or other collateral avoidance of the original cause of action, the
petitioner shall be required to prove his allegations, and on his failure to do so, his
petition shall be dismissed and the original judgment shall stand absolute; and if any
part thereof remain unpaid, a general judgment shall be rendered against him for
the balance remaining unpaid.
5 47. When any such petition shall be exhibited, the plaintiff, being served with
a copy and notice as aforesaid, shall appear and answer the same, and on his failure
to do so, the petition shall be taken to be true, and judgment rendered accordingly.
5 48. When the petition alleges a set off, or other collateral avoidance of the cause
of action, the plaintiff may answerer plead to the same as in ordinary actions, and
in default of such answer or plea, judgment may be taken in like manner and with
like effect, as in ordinary actions on contracts.
§ 49. All issues joined by, or under such petitions, shall be tried as like issues
joined in ordinary actions on contracts.
§ 50. The costs irx proceedings on such petitions shall be the same as in ordinary
actions, and the same juQgvTnent shall be rendered for them. And if the judgment
be against the original plaintift, w. shall be adjudged also to pay all costs in the ori-
ginal proceedings.
5 51. Executions may be awarded, and issc^g on judgments in attachment causes,
according to the circumstances of each case, as tcAIows:
Firsty Where there is a general judgment against the defendant, the execution
shall be a common Jieri facias, which may be levied upon all the
property of the defendant (subject to execution,) whether attached
in the cause or not.
Second, Where there is a special judgment against the property, money, or
effects, attached, the execution shall be a special Jieri facias against
such property, money or effects, only, and may be levied upon the
ATTACHMJbivTo. 83
same, whether m the hands of the officer, or secured by bond, as
provided m this article.
Third, Where the judgment is against a garnishee the execution shall be
such as may be used and allowed in the same court, on general judg-
ment, in common actions on contracts.
§ 52. When property shall be seized on attachment, the court may allow to the
officer having charge thereof, such compensation for his trouble and expenses in
keeping the same, as shall be reasonable and just.
ARTICLE II.
Of attachment before justices of the peace.
Sec. I. In what cases attacbmeuts may be sued out.
2. Proceedings to obtain attachment, affidavit, &c. to be Sled.
3. Form of writ of attachment.
4. Writs of attachment, how issued and returned.
5. Writs of attachment, how served, &;c.
6. Property attached in the hands of any person other than defendant, may be retained, bond, &o.
7. Property seized, bond may be given by whom; condition of tlie bond.
8. Property liable to perish may be sold; proceedings of the justice.
9. Defendant not summoned nor appearing, &c., how justice to proceed.
10. Notice to defendant of attachment, when and how given, proof of, how made.
11. Defendant failing to appear, judgment by default, how made final.
12 . Extent and effect of the judgment and execution thereon.
13. How, and when attachments may be dissolved.
14. Efl'ectof dissolving attachment, proceedings thereafter.
15. What interrogatories shall be answered by the garnishee.
16. Answer of garnishee to betaken down, filed, S;c.
17. Judgment by default against garnishee when, or may be attached.
18. Final judgment against garnishee, when rendered.
19. Plaintiff may deny answer of garnishee, &;c., denial reduced to writing, filed, &c.
20. Issues between plaintiff" and garnishee how tried, proceedings thereon.
21. When and how garnishee maybe discharged, by surrendering effects, &;e.
22. When warrant may issue against garnishee, how obtained.
23. Service of warrant, extent and effect of.
24. May give bond for his appearance, &c., condition of the bond.
25. If garnishee refuse to give bond, how justice to proceed.
26. If on trial, garnishee has effects of defendant, to give bond, condition of the bond.
27. In default of such bond, how justice to proceed .
28. Proceedings of the justice, when no effects found in hands of garnishee.
29. In what cases plaintiff to give bond, &;c., before execution can issue.
30. 31 & 32. Proceedings by petition of defendant to disprove or avoid the debt,
33- Executions to be issued, effect and extent of.
34. Compensation to officers, (^-c. for keeping property attached.
5 1. Creditors whose demands, due upon bonds or notes, for the direct payment
of money, amount to not more than one hundred and fifty dollars, and not less than
five dollars; and creditors whose demands, due upon contracts other than bonds and
notes, amount to not more than ninety dollars, and not less than five dt)llars, may sue
their debtors by attachment, before a justice of the peace, in the following cases:
First, w^here the debtor is not a resident of, nor residing within, the state.
Second, where the debtor has absconded or concealed himself, or so absented
himself from his place of abode, that the ordinary process of law caM-
not be served upon him.
84
AxiACHMENT
Third, where the debtor is about to remove his property out of the state, so as
to hinder and delay his creditors.
Fourth.^ where there is good reason to believe that the debtor is about fraudu-
lently to remove, convey or dispose of his property or effects, so as
to hinder or delay his creditors.
{ 2. Any such creditor wishing to sue his debtor by attachment, may apply to any
justice of the peace, who would have jurisdiction of the debt if the suit were brought
in the common form, ana if the cause of action be a bond or note, shall file the same
with the jus-tice; and if it be any other kind of contract, shall file with the justice,
a plain, intelligible account, or statement thereof, together with the affidavit of him-
self, or some other credible person, stating that the defendant is justly indebted to
him, after allowing all just offsets and credits, in a sum above five dollars, shewing
the amount in the affidavit, and also stating the belief of the affiant of the existence
of one or more of the facts, which, under the first section of the article, would entitle
the plaintift" to sue by attachment: and thereupon, the justice shall issue a writ of
attachment against the property and effects of the defendant.
$ 3. The writ of attachment shall be in the form, or the effect following: "The
state of Missouri, to the constable of the township of , in the county of ,
greeting: you ai-e hereby commanded to attach C. D. by (all and singular) his goods,
chattels, moneys, effects and credits, or so mneh thereof as shall be sufficient to
satisfy the sum of , (the sum sworn to) with interest and costs of suit, in
whosesoever hands or possession the same may be found in your township, so that
he be, and appear before me, P. F., a justice of the peace, within and for the said
township and county, at my office in said township, on the day of , A. D.,
183 — , to answer A. B. of a plea of , (state the nature of the action:) And that
you summon the said C. D. to appear before me, the said justice, at the time and place
aforesaid, to answer the action of the plaintiff; and also, that you summon as garni-
shees, all such persons, found in your township, as may be directed by the plaintiff
or his agent, to appear before the said justice, at the time and place aforesaid, to
answer such interrogatories as the justice may propound, and have you then there
this writ. Witness my hand and seal, this day of A. D. 183 — . P. F.,
J. P. [seal.]
§ 4. Writs of attachment shall be issued and returned, in like time and manner
as ordinary writs of summons: and when the defendant is summoned to answer,
the like proceedings shall be had between him and the plaintiff, as in oi'dinary actions
on contracts, and a general judgment may be rendered for or against the defendant.
§ 5. The manner of serving writs of attachment shall be as follows:
First, The writ shall be served upon the defendant as an ordinary summons.
Second, Garnishees shall be summoned by the constable, declaring to them
that he does summon them to appear before the justice, at the return
day of the writ, to answer the interrogatories which may be put to
them by the justice, and by reading the writ of attachment to them,
if required.
Third, When goods and chattels, money or evidences of debt, are to be
ATTACHMENTS. 85
attached, the constable shall seize the same and keep them in his
custody, if accessible, and if not accessible, he shall declare to the
person in possession thereof, that he attaches the same in his hands,
and summon such person as garnishee.
Fourth, When credits are to be attached, the constable shall declare to the
debtor of the defendant, that he attaches in his hands all debts due
from him to the defendant, or so much thereof as may be sufficient
to satisfy the debt sued for, with interest and costs, and summon
the debtor as garnishee.
§ 6. When property of the defendant, found in the hands or possession of any
person, other than the defendant, shall be attached, such person may retain the
possession thereof, by giving bond and security, to the satisfaction of the officer
exocutincp the writ, to the oonstablo, hie auocossors or assigns, in double the Value
of the property, conditioned that the same shall be forthcoming when and where
the justice shall direct, and shall abide the judgment of the justice.
§ 7. When property of the defendant shall be actually seized on attachment,
the defendant, or any person for him, may obtain possession thereof, without
dissolving the attachment, by giving to the constable a bond with good and sufficient
security, in double the amount of property, conditioned that the property shall be
forthcoming, when and -where the justice shall direct, to abide the judgment which
may be rendered in the cause.
§ 8. When property shall be seized on attachment, which is likely to perish, or
depreciate in value before the probable end of the suit, or the keeping of which
would be attended with much loss or expense, the justice may order the same to
be sold by the constable, in the same manner, and on the same notice as goods are
required to be sold on Jieri facias; and the proceeds of such sale shall remain in
the hands of the constable, subject to be disposed of as the property would have
been subject, if it had remained in specie.
§ 9. When the defendant cannot be summoned, and his property or effects shall
be attached, if he do not appear to the action at the return of the writ, the justice
shall enter an order on his docket, requiring the plaintiff to give notice to the
defendant, by four written or printed advertisements, set up at six of the most
public places in the county, that a Avrit has been issued against him and his property,
attached to satisfy the demand of the plaintiff; and that unless he appear before
the justice at his next law day, (stating the time and place) judgment will be
rendered against him, and his property sold to pay the debt.
§ 10. Such notices shall be set up at least twenty days before the next law day
of the justice; and the setting [up] thereof may be proved either by the return of the
constable upon a copy of the notice, or by the affidavit of any person who would
be a competent witness in the cause.
§ 1 1. When the defendant shall be notified as aforesaid, and shall not appear and
answer to the action, judgment by default may be entered, which may be proceeded
on to final judgment, in like manner as in ordinary actions.
§ 12. Such judgments shall bind only the property and effects attached, and no
86 ATTACHMENTS.
execution shall issue thereon against any other property of the defendant, nor
against his body, nor shall any action be brought thereon.
§ 13. All attachments before justices of the peace may be dissolved on motion
made in behalf of the defendant, in like cases and for the like causes as are provided
in regard to attachment in the circuit court, by the thirty-seventh section of the
first article of this act, and in no other cases.
§ 14. When any attachment shall be dissolved, all proceedings touching the
property and effects attached, and the garnishees arrested, or summons, shall be
vacated, and the suit proceed as if it had been commenced by a summons only.
§ 15. When any garnishee shall appear before the justice to answer the
following interrogatories, and none other shall be propounded to him to be answered
on oath:
First^ At the time of the oommencemp.nt of this suit, had you in your posses-
sion,''or under your control, any goods, monies or effects, of the
defendant? If so, state what property, how much, and of what
value, and w^hat money, or effects?
Second^ At the time of the commencement of this suit, did you owe the
defendant any money, or do you owe him any now? If so, how
much, on what account, and when did it become due; and if not
yet due, when will it become due? And any garnishee being
summoned, may, at his option, appear and answer the interrogatories
before the return day of the attachment.
§ 16. The justice shall write the answer of the garnishee to each interrogatory,
separately, and file the answer as a paper in the cause.
§ 17. If any garnishee, being duly summoned, fail to appear at the proper time,
or appearing, fail to make full and direct answers upon oath to the interrogatories,
the plaintiff may take judgment against him by default, which may be proceeded
on to final judgment, in like manner as in cases between plaintiff and defendant;
or, at the option of the plaintiff, the justice shall attach the body of the garnishee
until he shall make full and direct answers to the interrogatories.
§ 18. No final judgment shall be rendered against the garnishee, until there shall
be final judgment against the defendant.
§ 19. The plaintiff may deny the answer of the garnishee, or any part thereof,
on the same day on which the answer is made, if it be a regular law day, and if not,
in such time as the justice shall direct; and the justice shall reduce to writing the
denial, shewing what part is denied and what not denied, and file it as a paper in
the cause.
§ 20. All issues between a plaintiff and a garnishee shall be tried as ordinary
issues between plaintiff and defendant, and costs may be adjudged for or against
either party, as in ordinary cases; and if upon the trial of any such issue, property
or effects, shall be found in the hands of the garnishee, the justice or jury shall
assess the value thereof, and the judgment shall be for the proper amount in money.
§ 21. Any ganiishee having in his possession property, money or effects, of J
the defendant, may discharge himself by surrendering and paying the same, or sc
ATTACHMENTS. 87
much thereof as shall be sufficient to cover the debt, interest and costs, to the
constable, and taking his receipt therefor, at any time before the final judgment
against him.
§ 22. When any plaintiff', at the time he applies for anattachinent, shall, in addi-
tion to the affidavit required by the second section of this article, file the affidavit
of himself, or of some credible person, stating that any particular person in the
township, other than the defendant, has in his hands any property, money or effects
of the defendant, or is indebted to the defendant, shewing the kinds, quantity and
value of the property, or the amount of the debt, (being above five dollars, and
under ninety dollars,) and stating such circumstances as shall satisfy the justice
that the debt of the plaintifT will be endangered, by reason that such person is
about to remove or secrete the property, or, if a debtor of the defendant, that he is
about to abscond orleave the state, not to return, the justice shall issue his Vvarrant,
commanding the constable to arrest such person, and bring him forthwith before
the justice.
§ 23. Such arrest shall be an attachment of the property and effects, money
and credits, of the defendant, in his hands, or due from him, and he shall be consid-
ered as a garnishee summoned to answer.
§ 24. Such garnishee, on being brought before the justice, may, at his option,
enter into bond with good security, to be approved of by the justice, in favor of the
plaintiff, and in such sum as the justice shall consider reasonable, conditioned that
he will appear at the return of the attachment, and, upon oath, make full and direct
answers to the interrogatories which may be propounded to him; that he will abide
the final judgment in the cause, and pay w^hatevermay be adjudged against him.
§ 25. But if such garnishee refuse or fail to give such bond, the justice shall
require him to answ^er the interrogatories, and shall proceed, without delay, to
determine the matter in controversy between the plaintiff and that garnishee.
§ 26. If it shall appear, either by the answer of the garnishee, or by the finding of
the justice ora jury, that the garnishee has in his hands property or effects of the
defendant, or is indebted to the defendant, the justice shall require him to give
bond and security in favor of the plaintiff', in such sum as the justice shall
direct, conditioned that the property and effects so confessed, or found in his
hands, and the debt so due from him, or the value thereof, shall abide the final
judgment in the cause, and shall be produced and delivered when, where, and to
whom, the justice shall appoint.
§ 27. In default of" such bond, the justice shall commit the garnishee to the
common jail, until discharged by due course of law; nevertheless, the garnishee
may be discharged by delivering and paying the property and money, according
to the provisions of the twenty-first section of this article.
§ 28. If at the hearing before the justice, it shall not be found that such garnishee
has in his hands property or effects of the defendant, or is indebted to the defend-
ant to the amount of five dollars, the garnishee shall be disharged, and judgment
shall be rendered in his favor against the plaintiff, for five dollars, and all the costs
consequent upon the warrant, and execution to issue therefor without delav.
88 ATTOKNEY GENERAL AND CIRCUIT ATTORNEY.
§ 29. In cases where the judgment is rendered against the defendant upon public
cation of notice, v.athout service of a summons, or his appearance to the action, no
execution shall be awarded, either against the defendant or garnishee, or property-
attached, until the plaintilF, or some person for him, shall give bond and security in
favor of the defendaant, to be approved of by the justice, in double the amount of
the judgment, conditioned that if the defendant shall, within one year from the date
of the bond, appear and disprove, or avoid the debt or damages adjudged against
him, or any part thereof, the plaintiff will pay and refund to the defendant all such
money as shall have been received by, and not justly due to him, together with all
such damages as shall be assessed.
§ 30. The manner of disproving, or avoiding- the debt, shall be by petition to the
justice who gave the judgment, or his successor, or to the court, into which the
record and papers may have been removed, stating the grounds on wiiich he resists
the claim of the plaintiff, giving to the plaintiff ten days notice of the time and
place, when and where the petition will be presented.
§ 31. If the petition deny the original cause of action, and be supported by the
oath of the petitioner, the plaintiff shall be required to prove his demand; and in
default thereof, it shall be adjudged to be disproved and avoided, and the plaintiff
shall pay costs of the petition, and of the original suit.
§ 32. If the petition allege a set off, or other collateral avoidance, the petitioner
shall be required to prove the same; and in default thereof, shall be adjudged to pay
costs, and a general judgment may be rendered against him for any balance
remaining unpaid on the original judgment and the costs.
§ 33. Executions may be issued by the justices of the peace, in the same man-
ner and with like effect, as is provided in the fifty-first section of the first article of
this law, in regard to executions issued out of the circuit court.
§ 34. When property is seized on attachment, the justice may allow to the
officer, having charge thereof, such compensation for his trouble and expenses, in
keeping and maintaining the same, as shall be reasonable and just.
Approved, March 20tk, 1835.
ATTORNEY GENERAL AND CIRCUIT ATTORNEY.
An act respecting attorney general and circuit attorney,
Sbc. 1. Attorney general where to reside and keep his office.
2. Duties of attorney general.
3. Shall act as circuit attorney in the circuit where he resides.
4. Supreme court, or majority of judges in vacation, to appoint circuit attorney.
5. His residence and duties.
6. Shall give his opinion without fee to certain officers where the state or county is concerned.
7. In what cases ho may be indicted and removed, or fined.
S. In ease of the absence, sickness, &c. of attorney general or circuit attorney, circuit court may appoint gome person
to prosecute, ttt.
ATTORNIES AT LAW. 89
Be it enacted by the general assembly of the state of Missouri^ as follows:
} 1. The attorney general shall reside and keep his office at the seat of govern-
ment.
§ 2. When directed by the governor, he shall aid any circuit attorney in the dis-
charge of his duties. When required, he shall give his opinion in writing, without
fee, to the general assembly, or either house, upon any question of law, and to the
governor, secretary of state, auditor, treasurer, and any circuit attorney, upon any
question of law relating to their respective offices.
{ 3. He shall act as circuit attorney for the circuit in which the seat of govern-
ment is, and in said circuit shall perform the duties required by law, of circuit attor-
neys.
} 4. The supreme court, or a majority of the judges thereof, in vacation, shall
appoint in each circuit, except that in which the seat of government is, a suitable
circuit attorney, who shall be commissioned by the governor, and hold his office
four years.
5 5. He shall reside in his circuit; shall commence and prosecute all civil and crim-
inal actions, in which the state, or any county in his circuit, may be concerned;
defend all suits brought against the state, prosecute forfeited recognizances, and
actions for the recovery of debts, fines, penalties and forfeitures, accruing to the
state or any county in his circuit.
§ 6. He shall, without fee, give his opinion to any justice of the peace, and to any
county court, or any justice thereof, in his circuit, if required, on any question of law,
in any criminal case, or other case in which the state or any county is concerned,
pending before such court or officer.
5 7. Any circuit attorney may be indicted for misdemeanor in office, or neglect
of duty, and punished by removal from office, or a fine not exceeding one thousand
dollars, for the use of the county in which he is convicted, or both.
§ 8. If the attorney general, or circuit attorney, be interested, or shall have been
employed as counsel in any cause, which it shall be his duty to prosecute or defend,
the circuit court may appoint some other person to prosecute or defend the cause;
and if the attorney general, or any circuit attorney, be sick or absent, the circuit
court shall appoint some person to discharge the duties of the office, until the pro-
per officer resume the discharge of his duties. The person thus appointed, shall possess
the same power, and receive the same fees, as the proper officer would, if he were
present.
Approved^ January 5th, 1835.
ATTORNIES AT LAW.
An act concerning attornies at law.
Sbc. 1. No person to practice without license.
2. Applicants for license to produce testimonials of good moral character, &c.; to be examined by one of the judgeir
3. Attornies to take an oath.
13
^
ATTORNIES AT LAW.
Bec. 4. Clerk to keep roll of attornies.
6. Practising without license, &c., punishable as for contempt.
6. May be stricken from the roll for certain causes.
7. Charges may be exhibited, and proceeding thereon before the supreme court.
8. Court to fix a day for hearing, &c., clerk to issue citation, &c.
9. Copy of charges and citation to be served, manner of service.
10. Failing to appear, may be enforced by attachment; or court may proceed espartc.
11. When court may remove or suspend without trial.
12. When court shall suspend until the charges be enquired into.
13. When and in what cases the court shall discontinue the suspension.
14. What shall be conclusive of the fact charged; how the court to proceed.
15. When trial of the facts to be by a jury, when by the court.
16. Judgment of the court.
17. Bill of exceptions, appeals, and writs of error allowed, &c.
18. Extent and effect of judgment of removal or suspensions.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. No person shall practice as an attorney or counsellor at law, or solicitor in
chancery in any court of record, unless he be a free white male, and obtain a license
from the supreme court, or one of the judges thereof in vacation.
4 2. Every applicant to practice law, shall produce satisfactory testimonials of
good moral character, and undergo a strict examination as to his qualifications, by
one of the judges.
§ 3. Every person obtaining license, shall take an oath, or affirmation, that he will
support the constitution of the United States, and of this State, and faithfully demean
himself in his practice to the best of his knowledge and ability. The oath shall be
filed in the office of any clerk of the supreme court, and a certificate thereof shall
be endorsed on his license.
§ 4. Each clerk shall keep a roll of attornies, which shall be a record of the court.
§ 5. If any person shall practice law in any court of record without beinglicensed,
sworn and enrolled, [he] shall be considered guilty of a contempt of court, and pun-
ished as in other cases of contempt.
§ 6. Any attorney or counsellor at law, who shall be guilty of any felony, or infa-
mous crime, or of improperly retaining his client's money, or of any mal-practice,
deceit, or misdemeanor in his professional capacity, may be removed or suspended
from practice upon charges exhibited, and proceedings thereon had as hereinafter
provided.
\ 7. Such charges may be exhibited and proceedings thereon had, in the supreme
court of the district, or the circuit court of the county in which the offence shall
have been committed, or the accused resides.
5 8. The court in which such charges shall be exhibited, shall fix the day for the
hearing, allowing a reasonable time; and the clerk shall issue a citation accordingly,
■with a copy of the charges annexed, which may be served in any county in the
state.
5 9. The copy of the charges, and citation, shall be served in the same manner as
a declaration and summons in civil action, a reasonable time before the return day
thereof.
AUCTIONS. 91
} 10. If the party served with a citation, shall fail to appear according to the com-
mand thereof, obedience may be enforced by attachment, or the com-t may pro-
ceed exparte.
§ 11. If the charges allege a conviction for an indictable offence, the cornet shall,
on the production of the record of conviction, remove the person so convicted, or
suspend him from practice, for a limited time, according to the nature of the offence,
without further trial.
} 12. Upon charges, other than as in the last section specified, the court shall
have power only to suspend the accused from practice until the facts shall be ascer-
tained in the manner hereinafter prescribed.
5 13. If the charge be for an indictable offence, and no indictment be found, or.
being found, shall not be prosecuted to trial, within six months, the suspension
shall be discontinued, unless the delay be produced by the absence or procurement
of the accused, in which case the suspension may be continued until a final deci-
sion.
§ 14. The record of conviction or acquittal of any indictable offence, shall in all
cases be conclusive of the facts, and the court shall proceed thereon accordingly-
{ 15. When the matter charged, is not indictable, a trial of the facts alleged shall
be had in the court in which the charges are pending, which trial shall be by a jury ;
or, if the accused, being served with process, fails to appear, or appearing does not
require a jury, by the court.
M6. In all cases of conviction, the court shall pronounce judgment of removal,
or suspension, according to the nature af the facts found.
§17. In all cases of a trial of charges in the circuit court, the defendant may except
to any decision of the court, and may prosecute an appeal or writ of error, in all
respects as in actions at law.
§ 18. Every judgment or order of removal, or suspension, made in pursuance of
this act, by the supreme court, or by any circuit court, shall operate while it con-
tinues in force as a removal or suspension from practice, in all the courts of this
state.
Approved, February ISi/i, 1835.
AUCTIONS.
An act to license auctioneers, and impose a tax on licenses and sales.
Sec 1. No person to exercise the trade of a public auctioneer without license.
2. Penalty for selling, &c. without license.
3. Clerk of the county court, at each term, to issue blank license.
4 License to be under seal of county court, &c.; extent of license.
5. Blank license to be delivered to the collector, to be charged with same.
6. County court at every term to settle with the collectors for licenses delivered, S^c.
7. Collector to grant license on applications, when, &c.
8. Rate of charges to be paid for licenses.
9. Before license granted, applicant to give bond to the state; condition of the bond.
10. Auctioneer may retail goods at his auction room, without license, as a vender of merchandize, l(t.
92 AUCTIONS.
Bte. ll- Tal to tha stato to b« levied on sales at auction in certain cases.
12. Same duty to be paid where owner or auctioneer istbe purchaser, as If sold to another person.
13. Duties to bo paid on the whole lot of goods, where part only is sold to fix the price.
14. In what cases sales of property at auction shall be free of duty.
15. Auctioneer to pay over the duties to collector, may retain same out of goods sold, &c.
16. Auctioneers to render, on oath, accounts according to the condition of their bond, to the clerk of the county court
of their respective counties.
17. On account rendered, clerk to give auctioneer certificate, who shall pay the amount to the collector, &c.
18. Clerk to charge the collector with amount received, to be certified to the auditor, &c.
19. When the clerk shall endorse on bond of auctioneer, that the conditions have teen fulfilled.
20. When and by whom auctioneer to be prosecuted on his bond; effect of, (^-c.
21. Duty of collectors under this law, to collect duties, prosecute, &.e.
22. License money and duties to be included in the annual statement of the collector of monies received on licenses.
Be it enacted by the general assembly of the state of Missouri^ as follows:
$ 1 . No person shall exercise the trade or business of a public auctioneer, by sell-
ing any goods or other property subject to duty underthis law, without a license,
to be issued according to law.
§ 2. Every person who shall exercise the trade or business of an auctioneer,
without a license, shall forfeit, for every sale, five hundred dollars, together with the
amount of the duty payable by law upon the property sold.
§ 3. The clerks of the respective county courts shall issue, at each term, as many
blank auctioneer licenses for one, three and six months respectively, as the count)'
courts shall direct.
§ 4. The licenses shall be under the seals of the respective county courts, and
signed by the clerks, and shall authorize the persons to whom granted, to exercise
the trade and business of auctioneer, by selling any property, real or personal, by
auction, within the county, for the period of one, three or six months, as the court
may direct.
§ 5. The clerk shall deliver the blank licenses so issued, to the collector of the
counties respectively, and charge them with the amount thereof in a book to be kept
for that purpose.
§ 6. The county court shall, at every term, settle with the collector for all blank
licenses delivered to him, and not before accounted for, and give him credit for all
blank licenses returned, and shall stand chai^ged with all not returned; and, as soon
as may be, he shall, under the direction of the county court, certify to the auditor of
public accounts, the amount with which each collector stands charged, who shall
charge such collector therewith.
§ 7. Each collector shall grant to any person, upon application, and upon compli-
ance with the requirements of this law, an auctioneer license, for one, three or
six months, and for that purpose shall fill up and countersign one of the blank licen-
ses received from the clerk.
{ 8. There shall be levied upon every license, to be paid to the collector, before
the delivery thereof, as follows:
First, on each license for one month, twenty-five dollars.
Second, on each license for three months, fifty dollars; and
Third, on each license for six months, one hundred dollars; and in each ease
AUCTIONS. 93
fifty cents as a fee to the clerk; but no person shall be permitted to sell
goods of any kind at auction, unless he shall have resided in this state
six months next preceding the time of making application.
} 9. Before any license shall be granted, the applicant shall give bond to the state
in a sum of not more than three thousand, nor less than five hundred dollars, with
one or more sufficient sureties, (the amount of the bond and the sufficiency of the
sureties to be determined by the collector,) with condition that he will, on the first
Monday of February, May, August and November, in each year, while he shall con-
tinue the business of auctioneer, render to the clerk of the county court a true and
particular account, in writing, of the aggregate amount in money, of all property
subject to duty by this law, sold by him at auction, or sold at his auction store or
rooms, at private sale: That is to say, first, from the date of the bond until such of
the aforesaid days as shall ensue next thereafter, and thenceforth from the day to
which an account shall last have been rendered, until such of the said days as shall
next thereafter ensue, and so in succession from one of the said days to another, so
long as he shall continue to exercise the business of an auctioneer; and also, shall
pay all such sums of money, as shall be due to the state upon such sales, to the col-
lector of the proper county; and the bond shall be filed in the office of the clerk of
the county court.
{ 10. Any licensed auctioneer may sell or retail goods, athis auction store or rooms,
so long as he continues the business of an auctioneer, without a license as vender of
merchandise, so that he render true accounts of the sales, and pay the like duty
thereon, as if such sales were made at auction.
^11. There shall be levied and paid upon all sales of property at auction, (except
as hereinafter excepted,) a tax or duty to the state, at the follow^ing rates, in propor-
tion to the prices for which the property shall be sold. First, on all sales of personal
property, three per cent. Second, on all sales of real estates, or lease-hold interest
in lands, one and a half per cent.
§ 12. In all cases where the auctioneer, or owner of the property sold, or any
person employed by them, or either of them, shall become the purchaser, such sales
shall be subject to the same duties as if any other person had become the pur-
chaser.
§ 13. All sales at auction of any part or parcel of any merchandise or other prop-
erty, with a design to ascertain and fix a price for the whole or any part thereof,
without exposing the whole, or such other part to public sale, shall be deemed a sale
at auction of the whole, or such part of the property, the price of which was
designed to be fixed by such public sale of the part; and duties shall be paid thereon
accordingly.
§ 14. Sales of property at auction, shall be free of duty in the following cases:
First, When directed by any statute of this state, or the United States.
Second, In execution of any order, judgment or decree of any court, or justice
of the peace of this state, or court of the United States.
Third, In cases of bankruptcy, or insolvency, pursuant to any law of this state,
or the United States.
94 AUCTIONS.
Fourth^ In consequence of any general assignment of property and effects, by
any debtor, for the benefit of his creditors.
Fifth, Property of deceased persons, sold by authority of executors or admin-
istrators, s
Sixth, Boats, vessels, rafts, lumber, and other property wrecked, stranded or
found adrift, on any of the waters of, or adjoining, this state.
Seventh, Slaves, live stock, agricultural productions, farming utensils, and house-
hold and kitchen furniture, sold at the residence of the owner.
Eighth, Land or lease-hold interest therein, sold on the premises.
§ 15. The auctioneer shall pay over to the collectors of the proper counties, all
the duties imposed by this law, and for that purpose may retain the amount thereof
out of the proceeds of the property sold, and shall be allowed a commission of one
per cent., on the amount so paid.
§ 16. Auctioneers shall render their accounts, according to the condition of their
bonds, to the clerks of the county courts of the respective counties in which they
carry on their business, and shall make oath or affirmation, before such clerks, to the
best of their knowledge and belief, to the truth of every such account rendered; in
default of which, such accounts shall not be deemed truly rendered, according to the
condition of the bond.
.§ 17. Upon such account being rendered, the clerk shall ascertain the amount of
duties to be paid by the auctioneer, and give him a certificate thereof, and the auc-
tioneer shall pay the same to the collector, within twenty days thereafter; and upon
producing to the clerk the receipt of the collector for the amount, the clerk shall grant
him a quietus therefor.
§ 18. The clerk shall charge the collector with the amount received, and certify
the same to the auditor of public accounts, without delay, and the auditor shall charge
the collector accordingly.
§ 19. When it shall appear to the satisfaction of the clerk of the proper county
court, that any auctioneer has fulfilled the condition of his bond, and the requii*e-
ments of this law, he shall endorse a certificate thereof upon the bond, which shall
be prima facie evidence of the performance of the condition, down to that time.
§ 20. When any auctioneer shall fail to fulfil the condition of his bond, or the
requirements of this law, the proper clerk shall cause him to be prosecuted on his
bond; and if judgment shall be rendered against him, his license shall be thereby
vacated, and he shall be incapable to receive anew license, unless by the express
direction of the county court.
§ 21. It shall be the duty of the collectors in the several countie s, to collect the
duties imposed by this law, and to prosecute for all fines and forfeitures which may
be incurred under it.
§ 22. The license money and duties accruing under this law, shall be included in
the annual statement, required to be published by every collector, of monies received
on licenses.
Approved, February 2Gth, 1836.
ADVERTISEMENTS— BANKS PRIVATE. 95
ADVERTISEMENTS.
An act concerning advertisements.
Sec. 1. Publication of notices and advertisements to be proven by affidavit of publislier, with advertisement annexed.
2. Publication of advertisement to be paid for by the party having it done, and to be ta.xed as other costs. Adver-
tisements made by public officer authorized by law, to be paid for out of county treasury.
3. Penalty for defacing, obliterating, tearing down, or destroying certain advertisements-
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Where any notice or advertisement, be required by, or the order of, any
court, to be published in any newspaper, the affidavit of the printer, or publisher,
with a copy of such advertisement annexed, stating the number and date of the
papers in which the same was published, shall be sufficient evidence of the publica-
tion therein set forth.
§ 2. Where any notice or advertisement, relating to any cause, matter or thing,
in any court of record, shall have been duly published, the same shall be paid for
by the party at whose instance the same was published, who shall exhibit his account
therefor to the proper court, which, or so much thereof, as shall be deemed reasona-
ble, may be taxed as other costs, or otherwise allowed in the course of the proceed-
ing to which such advertisement relates; and when any such advertisement shall
be made by a public officer thereunto authorized by law, the reasonable expense
thereof shall be allowed, and paid out of the county treasury, as other demands and
charges of th e like nature.
§ 3. If any person shall intentionally deface, obliterate, tear down or destroy^
before the expiration of the time for which the same shall have been set up, any
copy, transcript or extract from any law of the United States, or of this state, or any
proclamation, advertisement, or notification, set up at any place in this state, by
authority of any law of the United States, or of this state, or by the order of any
court, such person shall, on conviction thereof, by indictment, be fined in a sum
not exceeding one hundred dollars, nor less than five dollars, to the use of the
county in which the offence is committed, and may be imprisoned for any time,
not exceeding thirty days, in the discretion of the court.
Approved, December 22d, 1834.
Note. — The above law should have immediately followed the law respecting
"Arbitrations,"' &lc.
BANKS PRIVATE.
An act to suppress private bank notes.
Sec. I. No person, without authority of law, to issue notes, &c., as a circulating medium.
2. Punishment by fine and imprisonment.
3. Fifty dollars forfeiture for passing, &c. unlawful notes; how recovered.
4. Preceding section not to aifcct notes in certain cases.
96 BILLIARD TABLES.
Be it enacted by the general assembly of the state of Missouri, as follows i
§ 1. No person, unauthorized by law, shall intentionally create, or put in circula-
tion, as a circulating medium, any note, bill, check or ticket, purporting that any
money will be paid to the receiver or holder thereof, or that it will be received m
payment of debts, or to be used as a currency, or medium of trade, in lieu of money.
§ 2. If any person issue, put into circulation, sign, countersign or endorse, any
such note, bill, check or ticket, he shall be indicted, and fined not less than one hun-
dred, nor more than three hundred dollars, and be imprisoned not less than twelve
months.
§ 3. If any person, or company, vend, pass, receive or offer, in payment, any such
note, bill or other currency, he shall forfeit fifty dollars, to be recovered by action of
debt, with costs, to the use of any person who will sue for the same, before any
justice of the peace of the county.
§ 4. The preceding section shall not effect any note issued by any bank, author-
ized by law, in this state, or the United States, except notes for a less sum than five
dollars.
Approved, March 19th, 1835.
BILLIARD TABLES.
A7i act taxing billiard tables.
Sec. 1. County courts to issue licenses for keeping, ^c, delivered to the collector.
2. Collectors to grant license; tax on the same.
3. Collectors to be charged with licenses delivered; to settle with county court.
4. Courts to settle with collectors, and certify to the auditor.
5. Penalty for keeping without license.
6. Penalty for permitting minors to play on billiard tables, ^-c.
Be it enacted by the general assembly of the state of Missouri, as follows: '
{ 1. The county courts shall have power to license keepers of billiard tables; and,
at each term, the clerks of said courts shall prepare and deliver to the collectors of
their respective counties, as many blank licenses for keepers of billiard tables as the
respective courts shall direct; which blank licenses shall be signed by the clerk and
attested by the seal of the court.
5 2. The collectors shall grant, to any person who may apply for the same, a
license to keep a billiard table in their respective counties, for six months, upon the
payment by the applicant of one hundred dollars, as a state tax, and one dollar as
a fee to the clerk who issued the same ; and the collectors shall countersign all such
licenses before delivering them to the applicants.
§ 3. The county courts shall charge the collectors with all such blank licenses
delivered to them as aforesaid; and, at every regular term, shall settle with the col-
lectors for all such licenses delivered to him, [them] and credit him [them] with all the
blank licenses which he [they] may return. And at the same time, the collectors
BILLS OP EXCHANGE. 97
shall pay to the clerks, respectively, one dollar for every such blank license not
returned.
§ 4. The collectors shall stand chargeable v^^ith the amount of all licenses not
returned, and the county courts, at each regular term, shall cause their clerks to
certify to the auditor of public accounts, the amount with which the collectors
stand chargeable, who shall charge the respective collectors accordingly.
§ 5. Every person who shall keep, or permit to be used or kept, any billiard table,
without having a license therefor as aforesaid, shall forfeit and pay four hundred
dollars, for the use of the state.
J 6. Every licensed keeper of a billiard table, who shall suffer any person under
the age of twenty-one years to play on his table, without the permission of the
father, master, or guardian of such minor, first granted, shall forfeit and pay to the
father, master, or guardian of such minor, for every such offence, fifty dollars.
Approved^ Deccmher 18, 1834.
BILLS OF EXCHANGE.
An act Concerning hiUs of exchangd
Sec. 1. Acceptances of bills of exchange to be in writing and signed.
2. If acceptance be on separate paper, wlien, &,c. to bind acceptors.
3. Wlien unconditional promise to accept, to lie deemed acceptance.
4. Refusal to accept on bill wtien required, deemed refusal to accept.
5. Rights of drawers of bills on previous promise to accept, not affected.
6. When destruction of bill or refusal to return it, deemed acceptance.
7. Rate of damages on bills negotiated in this state and protested, &c.
8> Rate of damages on bills drawn on persons in this state and accepted, but not paid.
9. Notice of non-acceptance or non-payment, required by the two preceding sections, to be as at common law.
10. The damages allowed by this act, shall be by the holder of the bill.
11. When damages shall be recovered.
12. Damages in lieu of interest, i^c. to time of notice of non-payment.
13. If bill payable in money of United States, rate of exchange not to be regard^J-
14. If payable in foreign currency, amount due to depend on rate of exehan?*-
Be it enacted by the general assembly of the st^ce of Missouri, as follows:
§ 1. No person within this state shall be charged as an acceptor on a bill of
exchange, unless his acceptance shall be in writing, signed by himself, or his lawful
agent.
§ 2. 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 showh, and who, in faith thereof, shall have received the bill for a valuable con-
sideration.
§ 3. An unconditional promise in writing to accept a bill before It is drawn, shall
be deemed an actual acceptance in favor of every person to whom such written
promise shall have been shewn, and who, upon the faith thereof, shall have received
the bill for a valuable consideration.
§ 4. Every holder of a bill, presenting the same for acceptance, may require that
14
03 BILLS OF EXCHANGE,
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.
§ 5. The preceding sections shall not be construed to impair the right of any per-
son to whom a promise to accept a bill may have been made, and who, on the faith
of such promise, shall have drawn or negotiated the bill, to recover damages of the
party making such promise, or his refusal to accept such bill.
6 6. 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,
w^ithin 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 holder, shall be deemed
to have accepted the same.
J 7. 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 holder by the drawer and endorser, having due notice of the dishonor of the
bill, damages in the following cases:
First, If the bill shall have been drawn on any person or persons, 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, or persons, at any place
out of this state, but within the United States, or the territories thereof,
at the rate of ten per centum on the principal sum specified in the bill.
Third, If the bill shall have been drawn upon any person or persons, at any
port or place without the United States and their territorities, at the
rate of tw^enty per centum on the principal sum specified in the bilU
§ 8. 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 pei <-.entum on the principal sum therein specified.
Second, If the bill be drawn by gny person, at any place without this state, but
within the United States or their territories, at the rate of ten per
centum on the principal sum specified in the bill.
Third, If the bill be drawn by any person, at a place without the United
States and their territories, at the rate of twenty per centum, on the
f»rincipal sum.
§ 9. The two preceding sections shall not be construed to require notice of non,
acceptance, or non-payment, in any case where such notice is not required to be
given at common law.
§ 10. The damages allowed by this act shall be recovered only by the holder of a
bill, who shall have purchased or acquired the same, or some interest therein, for
valuable consideration.
§ 11. In cases of non-acceptance or non-payment of a bill,, drawn at any place
BOATMEN*. 99
within this state, on any person at a place within the same, no damages shall be
recovered if payment of the principal sum, with the interest and charges of protest,
be paid within twenty days after demand or notice of the dishonor of the bill.
§ 12. The damages allowed by this act shall be in lieu of interest, charges of pro-
test, and other charges incurred previous to, and at the time of giving notice, or the
time when the principal sum shall become payable, when no notice of the dishonor
is required to be given-, but the holder of such bill shall be entitled to demand and
receive lawful interest on the aggregate amount of the principal sum specified in
the bill, and of the damages thereon, from the time notice shall have been given,
and payment of the principal sum demanded.
§ 13. If the contents of a bill be expressed in the money of account of the Uni-
ted States, the amount due and the damages thereon shall be ascertained and deter-
mined 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.
§ 14. If the contents of such bill be expressed in the money of account or cur"
rency of any foreign country, then the amount due, exclusive of the damages,
shall be ascertained and determined by the rate of exchange, or the value of such
foreign currency, at the time of payment. -
Approved^ January 24:th, 1835.
BOATMEN.
All act concerning Boatmen.
^Ec. 1. Contracts to be specifically performed.
2. Contracts may be in writing, and acknowledged, &c;. memorandum of the time of rendering onboard to be made-
3. Hoiv to proceed wlien boatman in any way violates his engagement.
4. Power and duty of the justice on proceedings against boatmen.
5. Crew responsible in certain cases for injury to vessel and cargo.
Q &cl. Kcmcdy against the master for ill-treatment, i^-c; justice ho\v to proceed.
8 Commander, &c. not to sell flour, &c., to boatmen while on the voyage, beyond a limited amount.
9. Boatman committed to jail, commander to pay charges in advance.
10. Penalty for harboring or secreting boatmen.
11. .Debts above five c'.ollars contracted by boatmen, not recoverable until voyage ended; notes antedated, wholly void;
penalty on persons taking them.
12. Proceedings before the justice, uncTl^r this act, to be summary; proceed as in civil cases
13. On examination of complaint against b'alman, when and under what circumstances the justice shall not send
them on board.
14. Either party may appeal; effect of appeal.
15. This act to extend to certain contracts made out of this state.
Be il enacted by the general assemlly of the state of Missouri, as follows:
§ 1. All contracts and agreements entered into by any person, for the rowing
or navi'^ating of any boat or vessel of any description, on the navigable waters
within the jurisdiction of this state, shall be specially performed according to
the intent and meaning thereof.
§ 2. The owner, master or commander, of any boat or vessel, bound on a voyage-
100 BOATMEN.
from any place within this state, may, before the boat or vessel proceeds on such
voyage, make an ^reement in writing with any boatmen engaged on board such
boat or vessel, in the navigation thereof, declaring the voyage, the term of time,
and the wages for which such boatmen shall be engaged; which contract shall be
acknowledged by the parties, before some justice of the peace or notary public,
and filed by said officer. in his office; and the original, or a copy thereof, duly
certified under the hand of such officer, shall be received in evidence in any court
of this state; and at the foot of every such contract there shall be a memorandum
of the day and hour on which such boatmen shall render himself on board the
boat or vessel, for which he has engaged, and for every hour he neglect to render
himself on board, he shall forfeit one day's pay.
} 3. If any boatmen, as aforesaid, shall wholly neglect or refuse to render
himself on board of such boat or vessel, or having rendered himself, shall after-
wards desert, or shall misbehave himself, neglect or refuse to do his duty, quit the
boat or vessel, or otherwise violate his engagement, any justice of the peace shall,
on complaint of the orv^ner, master, or commander, or other competent person, on
oath or affirmation, isssue his warrant, directed to any constable, commanding him
to bring the delinquent forthwith before such justice.
§ 4. The justice shall hear and determine the complaint, in a summary manner,
and shall have power and authority to discharge the delinquent, or cause him to be
sent on board and placed in the custody of the master, or commander, and may
render judgment against him for any sum not exceeding ninety dollars, or commit
him to the common jail of the county for thirty days, unless he will enter into a
bond to the master or commander, with sufficient securities, to be approved of by
the justice, in a sum of at least two hundred dollars, conditioned that he will, during
the remainder of the voyage, do his duty according to his contract.
5 5. If any boat or vessel, or part of her cai'go, tackle, apparel or furniture, shall
be lost, injured or destroyed, during any voyage, or while in port, through the
neglect or fault of the crew, or any part of them, the master or commander may
have an action against such crew, or so many of them as can be found, and recover
the value of the property so lost, injm-ed or destroyed.
§ 6. If any boatmen shall make complaint before any justice of the peace, that
any master or commander of any boat or vessel, in the navigation of which such
boatmen is engaged, has failed to supply him with necessary provisions, or treated
him with unusual severity or cruelty, or has failed otherwise to perform his contract,
it shall be the duty of such justice, to issue a summons, directed to the constable or
other person by him specially directed to serve the same, requiring such master or
commander to appear before him and answer the complaint.
§ 7. If he finds it just, he may discharge the complainant, and such boatmen may
recover against such master or commander, the wages justly due him, accordino- to
the services rendered, notwithstanding the contract may be entire, in anv court
having competent jurisdiction, and may also have his action for any injury which
he may have sustained by reason of the conduct or fault of the master, or com-
mander.
BOATMEN. 101
5 8. It shall not be lawful for the commander or owner of any boat or vessel,
to sell or barter any flour, biscuit or other provisions, to any boatmen, whilst said
boatman is in his service, and during the voyage; nor shall any charge made •
against such boatman for spirituous liquors, while employed, or during his engage-
ment, be recoverable or allowed, but at a reasonable rate, nor for any sum exceeding
one-tenth part of his wages, for the time in which the charges shall be made.
§ 9. When any boatman shall be committed to jail under this act, th^ master or
owner shall pay w^eekly, in advance, an allowance for keeping and maintaining
such boatman, at the rate of twenty-five cents per day, and in default of payment,
the boatman shall be discharged.
§ 10. If any person shall harbor or secrete any boatman belonging to any boat '
or vessel, knowing him to belong thereto, every such person shall pay ten dollars
for every day he shall secrete or harbor such boatman, to be recovered by the
master or commander, in an action of debt.
§ 1 1. No sum exceeding five dollars shall be recovered from any boatman, by any
person, for any debt contracted during the time such boatman shall actually belong
to an)^ boat, or vessel, until the voyage for which such boatman engaged shall be
ended; and if any person shall take any note, or other security in writing, from
any boatman, after he has entered into a contract as aforesaid, and the same be
antedated, with intent thereby to stop the boatman from proceeding on his voyage,
such note, or other security, shall be null, and the person taking the same, his
aiders and abettors, shall pay to the use of the person prosecuting the same,
double the sum specified in such note or security, to be recovered by action of
debt, in any court of competent jurisdiction.
§ 1 2. The proceedings to be had before a justice of the peace, under this act,
shall be conformed, as near as circumstances will admit, to the course of proceed-
ings prescribed by law in matters of a civil natm'e before justices of the peace;
and where the sum in controversy exceeds twenty dollars, either party may
require a jury, as in other cases; but in all cases under this act, proceedings shall
be summary, and the justices shall proceed to the hearing, determination and exe-
cution, in the most speedy manner that the nature of the case, and justice, wil
permit,
§13. If, upon the examination of any complaint made against a boatman, it shall
appear that any part of the wagei of such boatman is due and unpaid, no warrant
to apprehend such boatman and send him on board, or subject him to the author-
ity of the master or commander, shall be issued, until such arrearages are paid or
tendered.
§ 14. Either party may appeal to the circuit court, as in other cases of appeals,
from justices of the peace; but no such appeal shall operate to defeat or delay the
execution of any warrant, for placing the boatman in the custody of the master or
commander, where such boatman is adjudged to an immediate performance of his
contract.
§ 15. The provisions of this act shall extend to all written contracts, made with-
out the limits of this state, for rowing or navigating boats, upon navigable waters.
102 BOATS AND VESSELS.
within this state, or bounding thereupon, whensoever any boat concerning which
such contract hath been made, and the hands thereof are found within the jurisdic-
tion of this state.
Approved^ February 20th, 1835.
BOATS AND VESSELS.
An act to provide for the collection of demands against boats and vessels.
Sec, 1. What debts master, owner, S;c. of boat or vessel liable for.
2. Against whom, person having demands, &c. may institute suit.
3. Complaint against boat, Sfc. to be filed with clerk of the circuit court.
4. Complaint to specify demand, to be verified by affidavit, to stand in lieu of declaration.
5. Clerk to issue a warant to the sheriff; manner of service.
6. Upon return of warrant, circuit court to proceed against the boat, ^c.
7. Master, owner, ^c. may appear on behalf of the boat and plead to the action.
8. Court may prescribe manner of pleading, i^-c. under this act.
9. Master, owner, ^-c. giving bond and security, to abide the event of the suit, boat to be released.
10. If judgment obtained against boat, &c. same to be sold as under execution.
11. If bond and security has been given, and judgment for plaintiff, execution how to issue. .
12. Justices of the peace to have cognizance for demands not exceeding ninety dollars.
13. How justices to proceed under this act.
14. Warrants issued by the justice to be returned forthwith; complaint to be determined in a summary way.
15. Warrants to be served and returned as writs of attachment.
16. Sufficient only of boat, S^-c. to be sold to pay demand and costs.
17. Continuances may be granted the owner, &c.; effect of.
18. No continuance shall be granted to the plaintiff.
19. Sheriffs, constables, &c. allowed same fees as in cases of attachment.
20. Appeal or writ of error allowed owners, &c. on judgments against them.
21. Time of commencing suit under this act.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Every boat or vessel used in navigating the waters of this state, shall be
liable, 1st. For all debts contracted by the master, owner, agent, or consignee
thereof, on account of supplies furnished for the use of such boat or vessel; on
account of work done, or services rendered on board such boat or vessel; on
account of labor done, or materials furnished, by mechanics, ti-adesmen or others,
in and for the building, repairing, fittmg out, furnishing or equipping such boat or
vessel. 2d. For all sums due for the wharfage or anchorage of such boat or vessel 5
within this state. 3d. For all demands or damages accruing from the non"
performance, or mal-performance, of any contract of affreightment, or of any
contract touching the transportation of persons or property, entered into by the
master, owner, agent or consignee of the boat or vessel, on which such contract is
to be performed; and, 4th. For all injuries done to persons or property by such
boat or vessel.
§ 2. Any person having a demand as aforesaid, instead of proceeding for the
recovery thereof against the master, owner, agent or consignee of a boat or vessel,
may, at his option, institute suit against such boat or vessel, by name.
§ 3. Any plaintiff wishing to institute suit against a boat or vessel, shall file his
BOATS AND VESSELS. 103
complaint against such boat or vessel, by name, with the clerk of the circuit court
of the county, in which such boat or vessel may lie.
§ 4. The complaint shall set forth the plaintiff's demand in all its particulars, and
on vvhose account the same accrued; it shall be verified by the affidavit of the
plaintiff, or of some credible person or persons for him, and shall stand in lieu of a
declaration.
§ 5. Whenever any complaint, as aforesaid, shall be filed in the office of the clerk
of the circuit court, it shall be his duty to issue a warrant, returnable as a summons,
directing and authorizing the sheriff to seize the boat or vessel mentioned in the
complaint, and detain the same in his custody, together with its tackle, apparel and
furniture 5 until discharged from such custody by due course of law.
§ 6. Upon the return of any warrant issued by virtue of the preceding section,
proceedings shall be had in the circuit court against the boat or vessel sued, in the
same manner as if suit had been instituted against the person on whose account
the demand accrued.
§ 7. The master, owner, agent or consignee of the boat or vessel, may appear
in behalf of such boat or vessel, and plead to the action.
§ 8. The circuit court may, by rule, prescribe the time and manner of pleading*
of exhibiting or filing any papers, or taking any needful step in any suit commenced
under this act, where the time and manner of doing the same are not prescribed by
this law.
§ 9. If the master, owner, agent or consignee, shall, before final judgment in any
suit instituted by virtue of this act, give bond to the plaint,iff, with sufficient secu-
rity, to be approved of by the court, or the judge, or clerk thereof, in vacation,
conditioned to satisfy the amount which shall be adjudged to be owing and due to
the plaintiff, in the determination of the suit, together with all costs accruing, such
boat or vessel, with the tackle, apparel and furniture belonging thereto, shall
thereupon be discharged from further detention, by the sheriff.
§ 10. If judgment shall be rendered against any boat or vessel, in favor of the
plaintiff, the court shall make an order, directed to the sheriff, commanding him to
sell such boat or vessel, together with its tackle, apparel and furniture, to satisfy
the judgment, and all costs which may have accrued in the cause; which order
shall be executed and returned in the same manner as executions.
§ 11. If bond and security shall have been entered into, according to the provis-
ions of the ninth section of this act, and judgment shall have been rendered in
favor of the plaintiff, executions shall be issued for the amount of judgment and
costs in favor of the plaintiff, against the principal and security in such bond.
§ 12. Justices of the peace, within their respective township, shall have cogni-
zance of all cases arising under this act, wherein the demand claimed shall not
exceed ninety dollars.
§ 13. In all their proceedings, justices of the peace shall conform to the provis.
ions of the law governing justices courts, and, as near as may be, to the provisions
of this act as applying to the circuit court.
§ 14. Each warrant issued by a justice of the peace, under this act, shall be
104 BONDS AND NOTES.
returnable forthwith, and, upon the return of such warrant, it shall be the duty «
of the justice of the peace to hear and determine the complaint of the plaintiff in
a summary manner.
§ 15- All warrants issued by this act, shall be served and returned as writs of
attachment are served and returned.
§ 16. Whenever an order of sale shall be made for the sale of a boat or vessel,
with its tackel,.apparel, and furniture, the sheriiT or constable shall have power to
sell such part thereof, or such interest therein, as shall be necessary to satisfy the
amount of the judgment rendered in favor of the plaintiff, and all the costs that
have accrued.
§ 17. Upon good and sufficient cause shewn by the master, owner, agent of
consignee of any boat or vessel, sued under this act, the court, or justice of the
peace, may grant continuance of the cause ; but no such continuance shall operate
as a discharge of such boat or vessel from the custody of the sheriff or constable.
§ 18. No continuance of a cause, under this act, shall be granted to the plaintiff.
§ 19. Sheriffs, constables, and other officers, shall receive the same fees and
compensation for their services under this act, as are allowed them in cases of suits
by attachment.
§ 20. In all cases arising under this act, if judgment shall have been rendered in
favor of a plaintiff, the master, owner, agent or consignee of the boat or vessel, or
other person interested, may appeal from the judgment, or sue out a writ of error,
as if they, or either of them, had been sued.
§ 21. All actions against a boat or vessel, under the provisions of this act, shall be
commenced and sued within six months after the cause of such actions shall have
accrued.
Approved, March 1 9//i , 1 8 3 5.
BONDS AND NOTES.
An act concerning bonds and notes.
Sbc. 1. Bonds and notes signed by tlie party shall import a consideration.
2. Bonds and notes assignable, assignee may sue in his own name.
3. Nature of defence not to be changed by assignment.
4. When the maker of the bond or note allowed to set off, or discount.
5. Assignor, after assignment, shall not release; assignee gets no greater interest in the bond or note than hia
assignor.
6. Notes for money, when negotiable in like manner as inland bills of exchange.
7. Payees and indorsees, when they may sue the makers and indorsers.
8. Notes payable to the order of the maker, or a fictitious, if negotiated, its effects, &;c.
9. In what cases the assignee may maintain an action against the assignor.
Be it enacted by the general assembly, of the state of Missouri, as follows:
§ 1. All notes in writing, made and signed by any person or his agent, wherely
he shall promise to pay to any other person or his order, or unto bearer, any sum of
money or property therein mentioned, shall import a consideration, and be due and
payable as therein specified.
BRIDGES. 105
§ 2. All bonds and promissory notes, for money or property, shall be assignable
and the assignee may maintain an action thereon, in his own name, against the
obligor or maker, for the recovery of the money, or property, specified in such
bond or note, or so much thereof as shall appear to have been due at the time of the
assignment, in like manner as the obligee or payee might have done.
§ 3. The nature of the defence of the obligor, or maker, shall not be changed by
the assignment, but he may make the same defence against the bond or note, in the
hands of the assignee, that he might have made against the assignor.
§ 4. The obligor, or maker, shall be allowed every just set-ofl' and discount
against the assignee, or the assignor, before judgment, unless it shall be expressed
in the bond or note, that the sum therein specified shall be paid without defalcation
or discount.
{ 5. It shall not be in the power of the assignor, after assignment, to release any
part of the demand; nor shall any assignee evex obtain any greater title to, or inter-
est in, any bond or note, than the person had from whom he acquired it.
§ 6. Every promissory note for the payment of money, expressed on the face
thereof to be for "value received," negotiable and payable "without defalcation," '
shall be due and payable as therein expressed, and shall have the same efiect, and
be negotiable in like manner, as inland bills of exchange.
§ 7. The payees and endorsees of every 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 mentioned, against the makers and endorsers of
them respectively, in like manner as in cases of in land bills of exchange, and not
otherwise.
§ 8. Such negotiable promissory notes, 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.
§ 9. The assignee of a bond, or note, (other than a negotiable note, as defined by
the sixth section of this act,) may maintain an action against the assignor, upon
failure to obtain payment from the obligor or maker, only in one of the following
cases:
Firsl, If he use due diligence in the institution and prosecution of a suit at
law, against the obligor or maker, for the recovery of the money or
property due, or damages in lieu thereof.
Second, If the obligor or maker is insolvent, or is not a resident of, or residing
within, this state, so that a writ would be unavailing, or could not be
instituted.
Approved^ February 4th, 1835.
BRIDGES.
An act to provide for building bridges.
Pec. I. County conrt to determine when they shall be built at public expense.
2> Expense te exceed ^25, county to build bridge.
15
106 BRIDGES,
6cc> S- Bridge maj be attnched to road district, and kept In repair by such diEtrlct.
4. Erected by tl:e county, p!an, &,c. to he determined on; commissioner to ke appointed.
5. Oath of ciimmissioner.
6. 'i'imc of IctlinjT t!ic biidpe, to l«! r.dvertised; wl en, and 1 ow.
7. To 1 e let publicly to lowest I idder, bond and security to be tal^cn.
8. Buildins bridge to to paid out of county treasury; additional levy of tax, when to be made.
9. When one half expense is raifcd by individuals, court may, if it he of public utility, order bridge to be tnllt
10. How courts to proceed when water course divides tl e counties.
11. Half the c.trcnse raised by suhsrription. courts of each county to order bridge to be built.
12. Appropriation iray le made to reprir bridges.
13. Undertakers, &c., to repair bridges w! en notified by the commissioner.
14. If not made in reasonable lime, commissioner to employ same to 1 e done; how paid for.
15. No conimis>ioi?cr si all I c an underlaker or fecurity.
16. Commissioner ahowed o"e rio.'Iar per day, to he pr.id cut of t! e county treasury.
17. Materials may he taken from adjoining lands.
18. When and how court may allow compensation for the same.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Each county court shall determine what bridges shall be built and main-
tained at the expense of the county, and what by the road districts.
\ 2. Where the estimated expense of a bridge shall exceed twenty-five dollars,
it shall be built by the county.
5 3. The county court may order any bridge built by the county, to be attached
to a road district, for the purpose of being kept in repair by such road district.
§ 4. If the county court be ol opinion that a bridge is necessary, and that it shall
be built at the expense of the county, they shall determine in what manner and
of what materials the same shall be built, and shall appoint some fit person com-
missioner to contract for building such bridge, and for keeping the same in repair,
not less than two, nor more than four years.
k 5. Said commissioner shall take an oath, faithfully to perform the duties en-
joined on him by this act.
} 6. He shall advertise the time and place for letting the bridge, at three public
places in the township where such bridge is to be built, twenty days prior to let-
ting the same.
§ 7. He shall let the same by public out-cry, to the lowest bidder, and shall take
bond to the county, with two sufiicient householders as securities, in such penalty
as he shall deem sufficient to cover all damages which may accrue from the breach
of such contract.
§ 8. The court may order the expenses of building such bridge to be paid out of
any money in the county treasury; and when there shall not Le money enough in
the treasury to defray the expense of building such bridge, it may levy an additional
county tax, to be called a bridge tax, not to exceed fifty per cent upon the county
tax, in any one year, which tax shall be levied in the sammer as other county levies.
§ 9. "When one moiety of the estimated expense of building any bridge upon
any county road, shall have been raised by individual subscription, and such sub-
scription exhibited to the county court, with a petition from forty resident house-
holders of the county in .which such bridge is intended to be built, praying the
erection thereof, the court shall take such petition into consideration j and if, in
BUILDINGvS. jQ^
their opinion, the bridge prayed for will be of public utility, they shall make an
order for building the same, and for the payment of the residue of the estimated
expense of building said bridge, out of the county revenue.
§ 10. If a bridge be necessary over any V\-ater course which divides one county
from another, the county courts of both counties shall unite in appointino- a com-
missioner for building said bridge; and the expenses shall be defrayed by both
counties, in proportion to the amount of the tax of each, to be ascertained by the
tax list taken next before the contract for building such bridge shall be made.
§ 11. Where one moiety of the estimated expense of building such brido-e shall
be raised by subscription, both county conns shall forthwith unite to cause such
bridge to be built, and shall pay the residue of the expense of the bridge, in the pro-
portion herein before directed.
§ 12. The county court may, at any time, make an appropriation to repair any
public bridge in the county.
{ 13. If any public bridge require repairing, which by contract is to be kept in
repair, the commissioner of such bridge shall give notice in writing to one of the-
undertakers, or of their securities, stating the repairs necessary to be made, and
requiring tlie same to be done within a reasonable time, to be set forth in such no-
tice.
§ 14. If the repairs shall not be made within such time, the commissioner shall
employ some other person, forthwith, to make the same, allowing therefor a rea-
sonable price, and may immediately collect the amount paid, with costs, before
any court of competent jurisdiction, by action of debt.
§ 15. No commissioner shall be an undertaker for building a bridge of which he
is commissioner, nor be security for any undertaker.
§ 16. He shall be allowed one dollar for each day nec-s^arily spent in the dis-.
charge of the duties of his office, to be paid out of tJie county treasury.
} 17. He may take, or order to be taken, froi^ the adjoining or most convenient
lands, such quantity of rock and timber as may be necessary for the building of such
bridge.
§ 18. Where timber or rock shall be taken from the lands of any individual, the
county court may allow compensation for t^^e same, upon the return of a writ of ad
guod damnum for that purpose, if the j^iiy assess damages.
Approved, February ^Gth, 18.'^'
BUILDINGS.
An act for securing liens to mechanics and others.
B«c. I. Mechanics and others, wlio furnish materials, to have liens.
2. Accounts to he filed wit:i clerk o*" the circuit court; iu \v:iat time, &:.; to ha veri.iod by aSdavit; description of
the property to be given.
S. Duty of the clerk; his fee.
A. Property how subject to execution on suits commenced in the ordinary way, &e.
A. No axaeution to isias againit property charged, except under certaio clrcuBsataB««»
108 BUILDINGS.
t)BO> 6- Free«edl«g« nndar this net tniiy be bad by acire facias; clTset of judgment •■, 4°B>
7. Manner of service of scire facias.
8. Length of lien, except where suit has been commenced.
9. Debt which is a lien paid, creditor to acknowledge satisfaction, &.c.
10. SatisfactioT certified, &;c., to be filed with the clerk; satisfaction to be entered as in case of mortgages; fees of
clerk.
11. Creditor failing to acknowledge satisfaction of lien, S^-c , to forfeit amount of lien.
12. Land on which house is built, subject also to lien.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. That artizans, builders, mechanics, and those who furnish materials for build-
ings, under contract with the proprietor thereof, shall have a lien upon such materials
furnished, and to work and labor done on houses and other edifices, by them here-
after erected, in whole or In part; each artizan, builder, mechanic and laborer, for his
own work and materials furnished.
§ 2. It shall be the duty of every person who wishes to avail himself of the benefit
©f this act, to file vv^ith the clerk of the circuit court of the county in which the build-
ing or buildings to be charged with the lien, is or are situated, and within six months
after such demand shall have accrued, a just and true account of the demand justly
due him, after all just credits given, which is to be a lien upon such building or
buildmgs; and shall verify the said account by his own, or by the oath of some other
person, and shall also file, at the same time, a correct description of the property
to be charged with the said lien.
§ 3. It shall be the duty of the clerk to make an abstract thereof, in a book to be
by him kept for that purpose, containing the name of the person laying or imposing
the lien, and of him against w^hom, or upon whose contract it is imposed, the amount
of the said lien, aTo-d a description of the property to be charged, for which the clerk
shall be allowed to recblve sixty-two and a half cents, and shall also receive the
further sum of fifty cents, as « tax, to be accounted for as other tax upon process.
§ 4. Whenever any person shall wish to proceed against any property, upon
which he shall have a lien by virtue of this act, he may commence his suit in the
ordinary form, and shall have judgment against the original debtor for the amount
that shall be found due to him, and shall have the liberty of taking his execution
against such a proportionable part of the property charged with said lien, as his
demand bears to the whole amount of the lions that are charged upon the said prop-
erty under this act, which proportionable pan «hall be decided by the court, and
also against other property of the defendant.
§ 5. No execution shall issue against the property charged with such lien, unless
the defendant shall have owned or possessed the said property at the time the con-
tract was made for said work and labor, or materials, or unless a scire facias shall
first have issued and served upon the owner or possessor of such propert}^, requir-
ing him to appear and shew cause why judgment should not be entered up and
execution had against such property.
§ 6. In all cases under this act, it shall be lawful for the plaintiff to proceed by
scire facias against the original debtor, and against all and every person or persons
owning or possessing the property against which he wishes to proceed; but no
CENSUS. 109
judgment to be rendered on the said scire facias shall authorize the issuing of
any execution, except against the property charged with said lien, or such part
thereof as the court shall direct.
§ 7. The service of the sci7'e facias shall be in the same manner as the service of a
summons, except upon those defendants who cannot be found in the county where
the proceedings are had, and are not residents of such county; and upon such
defendants the service shall be by affixing a copy of the scire facias upon the door
of the building upon which the lien is charged, for six weeks at least before the
return of the said scire facias.
§ 8. No lien shall bind any building for a longer time than twelve months after
the said building is finished, by virtue of this act,] unless a suit shall have been
brought on such lien, in the manner provided by this act.
§ 9. Whenever any debt, which is a lien upon any building, shall be paid and
satisfied, it shall be the duty of the creditor to go before some officer in the county^
authorized to take the acknowledgement of deeds, and acknowledge satisfaction of
the said lien.
§ 10. Such satisfaction being acknowledged and certified, shall be filed with the
clerk of the circuit court, who shall thereupon enter satisfaction of such lien upon
his record, in the same manner as he is directed by law to enter satisfaction of mort-
gages, and shall be allowed the same fees therefor as on mortgages, to be paid by the
creditor at the time.
§ 11. If any creditor refuse or neglect to acknowledge such satisfaction, within
ten days after payment and request, he shall forfeit the amount of the lien which he
claimed, to be recovered in an action of debt.
§ 12. The land upon which any building shall be erected, together with a con-
venient space round the same, not exceeding five hundred square feet clear of the
building, shall be also subject to the liens which are to be had under and by virtue of
this act, if the said land shall have been, at the time of erecting the said building, the
property of the person who shall have caused the same to have been erected.
Approved, March 26?, 1835.
CENSUS.
An act for talcing the census.
Sec. 1. Enumeration of inhabitants to be made by the sheriff; how.
2. When to be commenced; return to be made to secretary of state; his duty.
3. Number of inhabitants in each township and corporate town to be specified.
4 & 5. One dollar per day compensation; forty days allowed the sheriff.
6. Sheriff failing to perform as required by this act, to forfeit ,|500.
7. Compensation to the sheriff allowed by the court, and certified to the auditor.
Be it enacted by the general assembly of the stale of Missouri, as follows:
§ 1. The sheriff of each county shall take an enumeration of the inhabtants
resident in the county, distinguishing the free white males from the females, and
no CIVIL OR MILITARY OFFICERS.
the free persons of color from the slaves; and shall designate, in separate columns,
those under ten years of age, those of ten and under cigiiteen, those of eighteen
and under twenty-one years, those of twenty-one and under forty-five years, and
those of forty-five years and upwards, together with the aggregate amount of all
free white persons, male and female, between the ages of tive and sixteen.
§ 2. The sheriffs shall commence enumeration on the first day of September, in
the year one thousand eight hundred and thiity-six, and on the first day of Sep-
tember in every fourth year thereafter, and make return to the secretary of state,
before the first Monday in November of the same year, who shall cause the abstract
of the enumeration to be laid before the general assembly, the first week of the
succeeding session.
§ 3. The sheriff shall specify the number of inhabitants in each township and
corporate town.
§ 4. The sheriffs shall be allowed, out of the state treasury, one dollar for every
day he or his deputy shall have been employed in taking the enumeration; the time
shall be settled by the county court.
} 5. No sheriff shall be allowed more than forty days to complete his enumera-
tion.
§ 6. Any sheriff failing to perform the duties prescribed by this act, shall forfeit
the sum of five hundred dollars, to be recovered by action of debt, in the circuit
court of the county in which the neglect shall take place, in the name and for the
use of such county.
^ 7. The sheriff shall obtain a certificate from the clerk of the county court,
stating the amount allowed by said court, which the auditor of public accounts shall
audit and allow.
Approved, March 19th, 1835.
CIVIL OR MILITARY OFFICERS.
An act to provide for the collection of compensation from oncers, for services rendered
under illegal orders,
Bxc. 1. Services performed under illegal orders of officers; compensation for.
Be it enacted by the general assembly of the state of Missouri, asfoUotcs:
} 1. If any civil or military officer of this state shall, by any official act, cause
any person or persons, subject to his order or control, to render services, or expend
time or money, in the performance of any service not authorized by the laws of the
land, such officer directing, ordering or compelling the performance of such unau
thorized service, shall be liable to the person, or persons performing, or who w^hen
directed to perform such service, for the amount of all expenses they may incur, or
time lost, in the performance of the same; and shall also be liable to any person or
persons, body politic or corporate, for any damages or injury which rhay be sur
tained in consequence of such unlawful or unauthorized procedure; and the sama
CLERKS. 1 1 1
shall be recoverable before any justice of the peace, or other court, having compe-
tent jurisdiction.
Approved^ March 19i/i, 1835.
CLERKS.
An act regulating clerks.
B«c. 1 Clerks of tlic circuit court to be ex-oficio clerk of tlie supreme court.
2. Clerks of circuit, and county court, to be elected by the qualified voters of their countioi.
3. When to enter upon the discharge of tl:eir duties.
4. In case of vacancy, court to appoint, until clerk can be elected, qualified, 4"C.
5. Order of court for election to fill vacancy.
6. When vacancy to be filled at the regular election.
7. Elections, how con^'ucted; in case of a tie or contested election, how determined.
8. Who not eligible to bo elected.
9. To give bond before entering on the duties of his ofRce; condition of the bond.
10. Certificate of election and bond, where to be deposited.
11. t'ertificate of election, with oath of office endorsed thereon, to be recorded in recorder's oflTiee.
12< Security insufficient, new bond may te required; failing to give such bond, may be ramoved and new clerk
appointed, &c.
13. Bonds to te recorded by secretary of state; certified copies evidence.
14. Seal, books, stationary, &c., to be provided by the clerks; accounts how settled and paid.
15. Where his office shall te kept.
16. Clerks may, in case of invasion, &c., remove records, papers, &c.
17. Duty of clerk in certain cases.
18. Clerk may appoint one or more deputies; their oath qualifications, &c.
19. Knowingly or willingly refusing to discliarge duties of his office, or do any act contrary thereto, may b«
removed.
20. Clerks guilty of misdemeanor in office may te suspended; trial, how conducted, &c.
21. Attorney general, &c., to make out charges, copy to te served; notice, ifcc, to be given.
22. Notice and copy of charges to te served 15 days tefore tl e day appointed; clerk to appear and plead at firat
term, unless time be given; witnesses to be summoned, &c.
23. If he resign, be removed from offico, &c., records, books, &.c. to be delivered to his successor.
24. Clerks who resign, &c., or dii", account, on oath, of money received to Le rendered, Sfc, account and payment
of talance may be enforced by attachment.
25. Shall reside in the county where he is clerk.
26. May be punished and removed from office by indictment.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. The clerks of the circuit court, in each county where the supreme court
may sit, shall be ex-officio clerk of the supreme court, and discharge all the duties
as clerk of said court.
} 2. The qualified voters of each county shall meet in their respective counties
on the first Monday of August, eighteen hundred and thirty -five, and elect a clerk
of the circuit court, and a clerk of the county court for their county.
§ 3. The clerks of the circuit and county courts shall enter upon the discharge
of their duties on the first day of January, in the year one thousand eight hundred
and thirty-six.
} 4. If from any cause, a vacancy occur in the ofUce of clerk of the circuit or
county court, the court, or judges thereof, in vacation, shall appoint some person
to fill the vacancy, until a successor be elected and qualified.
112 CLERKS.
5 5, At their next term after such vacancy occurs, the court shall order a special
election to be advertised and held, not more than sixty days thereafter, to elect a
clerk to fill the vacancy, until the expiration of the term for which the clerk was
formerly elected, and until his successor be elected and qualified.
§ 6. If such vacancy occur within six months before any regular election, the
election for clerk shall be held at the regular election next after the happening of
the vacancies.
§ 7. Elections for clerks shall be conducted as other elections are ; but the returns
of elections held for the election of clerks of the circuit and county court clerks,
shall be made to the presiding justice of the county court; and if there be a tie, or
contested election, it shall be determined by the court to which the office appertains.
{ 8. No person shall be elected clerk unless he be a free white citizen of the
United States, above the age of twenty-one years, and shall have resided within
the state one whole year, and within the district or county, for which he is elected,
three months before the election.
} 9. Every clerk, before he enters on the duties of his office, shall enter into bond,
with good security, in any sum not less than five thousand dollars; the amount to
be fixed, and the bond to be approved by the court of which he is clerk, or by a
majority of the judges of such court, in vacation; the bond shall be conditioned,
that he will faithfully perform the duties of his office, and pay over all monies which
may come to his hands, by virtue of his office, and that he, his executors or admin-
istrators, will deliver to his successor, safe and undefaced, all books, records, papers,
seals, apparatus and furniture, appertaining to his office.
§ 10. The certificate of the election of each clerk of the circuit and county
courts, signed by the presiding justice of the county court, and his bond, shall be
deposited in the office of the secretary of state, with the approval of the judges
thereon endorsed.
§ 11. A certificate of his election shall be delivered by the presiding justice of
the county court, to each clerk of the circuit or county court, which, with the oath
of office endorsed thereon, shall be recorded in the office of the recorder of the
county, before he enters on the duties of his office.
§ 12. If at any time any court shall be satisfied, that any security in any bond
of their clerk is insufficient, or in any danger of becoming insufficient, or that the
penalty of such bond is not large enough, it shall cause the clerk to enter into a new
bond, with sufficient security, which shall be deposited in the office of the secretary
of state. If any clerk shall fail to give such bond within thirty days after he is
required by the court, his office shall be vacated, and a successor appointed by the
court, who shall hold his office until a successor be elected and qualified.
§ 13. All bonds of clerks deposited in the office of the secretary of state, shall
be by him recorded in a book kept for that purpose, and a copy of any such bond,
or of the record theieof, certified by the secretary of state, shall be received in evi-
dence as the original in any court, without proof of execution.
§ M. Each clerk shall preserve the seal and other property belonging to his office,
CLERKS. 113
and shall provide and preserve suitable books, stationary, furniture, and other neces-
saries for the office, and keep correct account thereof; and each court shall settle
such accounts, and allow such sums as shall be reasonable. All such allowances
made to the clerks of the supreme court, shall be paid by the state, and those made
to other clerks, by the county.
§ 15. Each clerk shall keep his office at such place as the court shall direct, not
to be more than two hundred yards from the court house, or permanent place of
holding the court of which lie is clerk, and shall there keep the records, papers,
seals, and property, belonging to his office, and transact his official business.
§16. In case of danger from an invading enemy, any clerk may remove the
records, papers, and other things appertaining to his office, to some secure place,
until the danger cease.
§ 17. Every clerk shall seasonably record the judgments, rules, orders, and other
proceedings of the court; make a complete alphabetical index thereto; issue and
attest all process when required by law, and affix the seal of his office thereto (or, if
none be provided, then his private seal;) keep a perfect account of all money com-
ing to his hands, and accruing to the-county or state, on account of taxes, fines, or
otherwise; make settlement with the court, at eacli stated term, and pay over all
balances.
§ 18. Every clerk may appoint one or more deputies, to be approved of by the
court, who shall possess the same qualifications, and take the like oaths as their prin-
cipals, and may, in the name of their principals, perform the duties required of their
principals; but all clei'ks shall be responsible for the conduct of their deputies.
§ 19. If any clerk shall knowingly and willingly do any act contrary to the
duties of his office, or shall knowingly or willingly fail to perform any act or duty
required of him by law, he shall be deemed guilty of a misdemeanor in office, and
shall be removed from office for the same.
§ 20. When any court, or a majority of its judges, in vacation, shall believe, from
their own knowledge, or information of others, on oath or affirmation, that their
clerk has been guilty of a misdemeanor in office, they shall give notice thereof to
the attorney general, or circuit attorney, prosecuting for the district, stating the
charges against such clerk, and requiring him to prosecute the same ; and they may
suspend such clerk from office until a trial can be had, and appoint a temporary
clerk, who shall possess the same qualifications, take oath and give bond as are
required of clerks; possess the same power, perform the duties, and receive the same
fees as clerks, and continue in office till the clerk resume his office, or a successor
shall be elected.
5 21. Whenever the attorney general, or any circuit attorney, shall be required
to prosecute charges against any clerk, he shall make out charges, and cause a copy
to be served on the clerk, with a notice requiring him to appear before the circuit
court of the county where such clerk resides, on some specified day in term, and
answer the charges.
5 22. The said notice and a copv of the charges, shall be delivered to such clerk
16
114 CX)MMISSIONER OF PENITENTIARY, &c.
fifteen days before the day appointed; and the attorney general, or circuit attorney,
shall file such charges, and cause such witnesses to be summoned to support the same,
and shall prosepute such charges with speed; and such clerk shall appear and plead
at the' next term, unless further time be given them [him] to plead.
§ 23. If any clerk resign, or be removed from office, or die, he or his executors
or administrators, shall deliver all records, books, papers, files, seals and other things
belonging to his office, to his successor, as soon as appointed, who shall take charge
of the same.
{ 24. Any clerk who shall resign, or be removed from office; or the executors or
administrators of any clerk who may die, shall render to the court of w^hich he was
clerk, at the next term after such death, resignation or removal, a perfect account, on
oath, of all money by him received by virtue of his office, not before accounted for,
and shall settle with such court as if the clerk was still in office; and for that pur-
pose they shall have free access to said office, and the records, books, papers, and
files therein; and the court may compel such settlements, and enforce the payment
of any balance by attachment.
§ 25. Every clerk shall reside in the county of which he is clerk.
§ 26. In addition to the mode herein before provided, any clerk may be punished,
and removed from office, by indictment.
Approved, February 20th, 1835.
COMMISSIONER OF PENITENTIARY AND SEAT OF
GOVERNMENT.
An act concerning commissioner of penitentiary and seat of government.
Sac. 1. Warden of penitentiary to be commissioner of seat of government and penitentiary.
2. To superintend completion of penitentiary, &c.
3, 4 & 5. His duty as commissioner of the seat of government.
6. Shall prosecute and defend suits for injuries done to public buildings, and other property.
7. Shall call upon the attorney general for his counsel, &c.
8. Shall provide fuel, furniture, &c., for the legislature.
9. Shall contract for and superintend construction of public buildings, &c.
10. Shall keep accurate accounts between himself and the state, &c., and settle with the auditor, quarterly,
11. Penalty on failing to comply with the provisions of this act.
12. Shall make an inventory of, and deliver to his successor, property and papers belonging to the state, and
take his receipt therefor.
13. Shall report his official acts to the general assembly; when.
14. When to enter on the discharge of his duties; his compensation.
15. This act to take effect from its passage.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. The Awarden of the penitentiary shall be, by virtue of his office, commis-
sioner of the penitentiary and commissioner of the seat of government.
§ 2. He shall superintend the completion of the penitentiary, and contract for,
and superintend, li e erection of, all buildings and improvements hereafter to be.
added to he same, unless otherwise provided for.
COMMISSIONER OF PENITENTIARY, &c. 115
5 3. As commissioner of the seat of government, he shall guard the public build-
ings, lots and out lots, land, and all other public property at, or attached to, the seat
of government, which are not in the law^ful custody of som.e other officer; and he
shall take all necessary measures to preserve the same from v/aste, trespass and
injury of every kind.
§ 4. He shall deposit in a place of safety, all public property of a moveable or
perishable nature, and preserve the same from decay and loss.
§ 5. He shall take special care of all the furnitui'e and other property of every
kind, procured for the use of the senate and house of representatives, and prevent
the same from being purloined, injured or lost.
§ 6. He shall prosecute, in the name of the state, for all trespasses and injuries of
every kind done to public buildings and other property, and to attend to the
conducting of all suits relating to the same.
§ 7. He shall call upon the attorney general for his counsel and services in any
matter relating to his duties, involving legal questions, or requiring legal pro-
ceedings.
} 8. He shall provide fuel, candles, and the essential furniture for the legislature,
previous to their meeting, on the most advantageous terms that can be obtained,
and deposite the same in such manner as to render it safe.
§ 9. He shall contract for, and superintend the repair and construction of, any
public buildings and impt'ovements that may be ordered at the seat of government,
not otherwise provided for.
§ 10. He shall keep accurate accounts between himself and the state, and him-
self as commissioner and other persons, and shall produce his vouchers and
make settlement with the auditor, at the end of every three months.
§ 11. If he wilfully violate or fail to comply Vv^ith any part of this act, he shall
forfeit to the state any sum not less than ten dollars, to be recovered by indict-
ment, or suit, on his official bond as warden.
§ 12. He shall deliver to his successor in office all property and papers, of every
kind, in his possession, belonging to the state; make an inventory thereof, upon
which he shall take the receipt of his successor, and deliver the same to the
secretary of state.
§ 13. He shall make a report of all his official acts and proceedings to the general
assembly, during the first week of each regular session thereof.
§ 14. He shall enter on the discharge of his duties as commissioner of the peni-
teifttiary, and commissioner of the seat of government, at the end of the present
session of the general assembly; and shall receive, as a compensation for his
services, at the rate of five hundred dollars per annum, from that time until he
shall, by law, enter on the discharge of his duties as warden.
§ 15. This act to take effect and be in force from and after its passage.
Approved, March \Ath, 1835.
11« * --"^ CONSTABLES.
CONSTABLES.
A71 act respecting constables.
S«c. 1. Constables, by whom elected; contested election, or a tic, by whom determined.
2. Shall give bond; condition of the bond; bond to be approved.
3. How vacancies to be filled; bond to be given, Sfc.
4. Bond to be filed with the clerk; suits for breach of, by whom brought; certified copies evidence; limitation 0/
suits on the bond.
5. May appoint deputies; liable for their conduct.
6. Withholding money collected, may be removed from office; when and how.
7. May serve criminal process, warrants and subpcenas, throughout their counties.
8. Penalty on failing to pay money collected, or return execution; how and where to proceed.
9. By whom and how notice to be served on the constable, and returned.
10. On division of townships, shall continue to be the constable where his residence is.
Be it enacted Inj the geiieral assembly of the state of Missouri, as follows:
§ 1. At each general election, the qualified electors of every township shall elect a
resident of the township as constable, who shall hold his office two years, and until
his successor be elected and qualified; -the jiidges and clerks of election shall cer-
tify the same to the clerk of the county court, and, in case of a tie, or contested
election, it shall be determined by the county court. ^
} 2. Every constable, within ten days after his election, or appointment, shall
ffive bond to the state, and give good security, for not less than four hundred, nor
more than ten thousand dollars, conditioned, that he v/ill execute all process to him
directed and delivered, and pa}^ all money received by him upon the sam.e, and, in
every respect, discharge all the duties of constable according to law. The said
bond shall be approved of by the court, or clerk in vacation, and, if taken by the
clerk in vacation, shall be approved of or rejected by the court at the next term.
§ 3. If any vacancy occur in the office of constable, a majority of the justices
of the peace in the towaiship may appoint a constable, who shall continue in office
until the next general election, and until a successor be qualified; and the constable
appointed shall give bond according to the preceding section.
{ 4. The constable's bond shall be filed with the clerk of the county, and may be
sued upon at the instance of any person injured by its breach; (a certified copy of
the bond shall be evidence in any suit; if a verdict be given for the defendant, or
the suit be discontinued, the person at v;hose instance the suit was brought shall
pay all costs.) No suit shall be instituted on such bond after two years from the
expiration of the time for which the constable was appointed.
§ 5. Every constable may appoint deputies, for whose conduct he shall be answer-
able, which appointment shall be filed in the office of the clerk of the county court,
§ 6. If any constable shall detain from any person, any money collected by him
by virtue of his office, after being required to pay the same, he shall be removed
from office by the county court, on motion founded on charges exhibited; a notice
of the motion, and a copy of the charges, shall be served on the constable ten days
before the day on which the motion is made.
§ 7. Constables may serve criminal process, warrants and subpoenas, throughout
their respective counties, and all other process throughout their respective town-
ships.
CONTRACTS AND PROMISES. 117
( 8. If any constable fail to pay to the proper person, any money collected by
him, by virtue of his office, within five days after demanded, he shall forfeit to such
person double the amount collected; and if he fail to return any execution, he shall
forfeit and pay to the plaintiff in such execution, double the amount of the same, to
be recovered by motion before any justice of the peace of his township, giving five
days notice thereof in writing to said constable.
} 9. Said notice may be served on said constable by any person competent as a
witness in the cause, and shall be returned with his affidavit attached thereto.
j 10. If any township be divided, the constable in office, at the time of the divi-
sion, shall continue to be the constable of the township in which his residence is;
and another constables hall be appointed for the other tovrnship, as in case of
vacancy.
Approved, March 17th, 1835.
CONTRACTS AND PROMISES.
A71 act concerning contracts and promises.
SfcC. 1. What agreements, &c. must Ic in writins.
2. Contracts for the sale of goods, &c., when not valid, unless part be delivered, or earnest given.
3. Scrawl equivalent to seal.
4. Joint contracts declared joint and several.
5. When and against whom a joint debt or contract shall survive.
6. When all the obligors, &,c., shall die, against whom the debt shall survive.
7. In case of joint obligations, iScc., suits may be brought against any one of them.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ I. No action shall be brought.
First, To charge any executor or administrator, upon any special promise, to
answer for any debt, or damages out of his own estate; or.
Second, To charge any person upon any special promise to answer for the
debt, default or miscarriage of another person; or.
Third, To charge any person upon any agreement made in consideration of
marriage; or,
Fourth, Upon any contract for the sale of lands, tenements, hereditaments, or
any interest in, or concerning them, or any lease thereof for a longer
time than one year; or.
Fifth, Upon any agreement that is not to be performed within one year from
the making thereof, unless the agreement upon which the action shall
be brought, or some memorandum or note thereof, shall be in writing,
and signed by the party to be charged therewith, or some other per-
son by him thereto lawfully authorized.
§ 2. No contract for the sale of goods, wares, and merchandize, for the price of
thirty dollars, or upwards, shall be allowed to be good; except.
First, The buyer shall accept part of the goods so sold, and actually receive
the same; or,
118 COjNVEYANCES.
Second, Give something in earnest to bind the bargain, or in part payment; or.
Third, That some note, or memorandum in writing, be made of the bargam,
and signed by the parties to be charged with such contract, or their
agents, lawfully authorized.
§ 3. Every instrument of writing, expressed on the face thereof to be sealed,
and to which the person executing the same shall affix a scrawl, by way of seal,
shall be deemed and adjudged to be sealed.
§ 4. All contracts, which, by the common law, are joint only, shall be construed
to be joint and several.
§ 5. In case of the death of one or more of the joint obligors, or promisors, the
joint debt or contract shall and may survive against the heirs, executors and admin-
istrators of the deceased obligor, or promisor, as well as against the survivors.
§ 6. When all the obligors, or promisors, shall die, the debt or contract shall sur-^
vive against the heirs, executors and administrators of all the deceased joint obligors
or promisors.
§ 7. In all cases of joint obligations, and joint assumptions of co-partners, or
others, suits may be brought and prosecuted against any one or more of those who
are so liable. _ -
Approved, March 3d, 1835.
CONVEYANCES.
An act regulating conveyances.
Skc. 1. Operation of convejances to use, ^c.
2. The term "heirs," not necessary to create a fee-simple estate, in all conveyances of real estate, what estate
shall pass, Sfc.
3. Title acquired by the grantor after conveyance by him, enures to grantee.
4. Deeds valid notwithstanding adverse possession.
5. Entails not allowed, the remainder in fee-simple, to whom it shall pass.
6. Tenancy in common when, joint tenancy can only exist in certain cases.
7. The words "grant, bargain and sell," how to be construed; their operation.
8. By whom proof or acknowledgment of instruments, .^c. to be taken.
9. Certificate of proof or acknowledgment to be endorsed on such instrument or conveyance.
10. Certificate, how made.
11. Acknowledgment, not to be taken, unless grantor be personally known or identified.
12. What facts the certificate of acknowcdgmcnt shall state.
13. What proof shall be required of the execution of instruments that convey real estate-
14. When proof by subscribing witness shall be taken.
15. What facts the subscribing witness shall prove, before certificate shall be graiited.
16. What facts the certificate of such proof shall set forth.
17. Proof where the grantor and witnesses are dead; when it may be taken.
18- Certificate of such proof, when it shall be granted, and upon what proof.
19. What facts the certificate of such proof shall set forth.
20. Subscribing witnesses residing in the county, when and how summoned to prove the execution of the instni.
ment.
21. Married woman may relinquish her dower, &c.; to be acknowledged and certified.
22. Before whom such relinquishment shall be taken.
23. Married woman, if not personally known, identity to be ascertained, &c.; relinquiBhment, how taken.
24. What facta the certificate of such relinquishment shall set forth.
25. Married woman and her husband may convey real eatate of the wife, &e.
CONVEYANCES. 119
Skc. 26. Effect and extent of the covenant In such deeds, against the married woman and her lieir*.
27. What tribunal may take and certify such acknowledgment.
23. Acknowledgment not to be taken, unless she be personally known or identified. Sec.
29. What facts the certificate of such acknowledgment shall set forth.
30. Deeds, ^-c, to be recorded.
31. Shall impart notice to all persons, <^-c., from time of delivery for record.
32. No such instrument shall be valid until delivered to the recorder, except in certain cases.
33. Powers of attorney, how to be acknowledged, proved and recorded.
34. When such power shall be deemed to be revoked.
35. Instruments acknowledged, proved and certified, &c., may be read in evidence.
36. When a certified copy of the instrument may be read in evidence.
37. The certificate, acknowledgment, record, &c., of sucli instrument, shall not be conclusive evidence.
38. When such instrument shall not be received in evidence, until established by other proof.
39. The extent, and construction of the term "real estate."
40. This act not to embrace in its provisions last wills and testaments.
Be it enacted by the ge'tieral assembly of the stale of Missouri^ as follows:
§ 1. When any person becomes seized of any real estate to the use, confidence,
or trust of any other person, civil or natural, the person who has such use,
confidence, or trust in fee-simple, for term of life, or of years or otherwise, or in
remainder or reversion, shall be deemed forthwith in lawful seizen estate, and pos-
session of the same real estate, remainders or reversions, in such like estates, and
after the same quality, manner, form, and condition, as he is in the use, confidence
or trust.
} 2. The term "heirs," or other words of inheritance, shall not be necessary to
create or convey an estate in fee-simple; and every conveyance of any real estate
hereafter executed, shall pass all the estate of the grantor, unless the interest to
pass a less estate shall appear by express terms, or be necessarily implied in the
term of the grant.
§ 3. If any person shall convey any real estate by a conveyance, purporting to
convey the same in fee- simple absolute, and shall not at the time of such conveyance
have the legal estate in such real estate, but shall afterwards acquire the same, the
legal estate, subsequently acquired, shall immediately pass to the grantee, and such
conveyance shall be as valid as if such legal estate had been in the grantor at the
time of the conveyance.
5 4. Any person claiming title to any real estate may, notwithstanding there may
be an adverse possession thereof, sell and. convey his interest therein in the same
manner, and with like effect, as if he was in the actual possession thereof.
§ 5. Any person who would, by common law, become seized in fee-tail of any
real estate, shall become seized thereof for his natural life only, and the remainder
shall pass in fee-simple absolute to the person to whom the estate tail would on the
death of the first donee, or devisee in tail, first pass according to the common law,
by virtue of the grant or devise.
{ 6. Every interest in real estate, granted or devised to t^vo or more persons,
(other than to executors and trustees as such,) shall be a tenancy in common, unless
expressly declared in such grant, or devise, to be in joint tenancy.
§ 7. The words grant, bargain, and sell, in all conveyances, in which any state
of inheritance in fee-simple is limited, shall, unless restrained by express terms, con-
120 CONVEYANCES.
tained in such conveyance, be construed to be the following express covenants on
the part of the grantor for himself and his heirs, to the grantee his heirs and assigns:
First, That the grantor v^ras, at the time of the execution of such convey-
ance, seized of an indefeasible estate in fee-simple in the real estate
thereby granted.
Second, That such real estate was, at the time of the execution of such convey-
ance, free from incumbrances done or suffered by the grantor, or any
person claiming under him.
Third, For further assurance of such real estate, to be made by the grantor
and his heirs, to the grantee, his heirs and assigns; and may be sued
upon in the same manner as if such covenants were expressly inserted
in the conveyance.
Fourth, Every instrument in writing that conveys any real estate, or whereby
any real estate may be effected in law or equity, shall be acknowl-
edged or proved, and certified in the manner herein prescribed.
§ 8. The proof, or acknowledgment, of every such instrument, shall be taken by
some one of the following courts or officers:
First, If acknowledged or proved within this state, by some court having a seal,
or some judge, justice, or clerk thereof, or some justice of the peace of
the county in which the real estate conveyed, or effected, is situated.
Second, If acknowledged or proved without this state, and within the United
States, by any court of the United States, or of any state or territory,
. having a seal, or the clerk of any such court.
Third, If acknowledged or proved without the United States, by any court of
any state, kingdom or empire, having a seal, or the mayor of any
city having an official seal.
§ 9. Every court or officer that shall take the proof, or acknowledgment, of any
such instrument in writing, or the relinquishment of the dower of a married woman,
on any conveyance of the real estate of her husband, shall grant a certificate thereof,
and cause such certificate to be endorsed on such instrument or conveyance.
• § 10. Such certificate shall be.
First, When granted by a court, under the seal of the court.
Second, When granted by the clerk of a court, under the hand of the clerk,
and seal of the court of which he is cleric
Third, When granted by an officer who has a seal of office, under the hand
and official seal of such officer.
Fourth, When granted by an officer who has no seal of office, under the hand
of such officer.
§ 11. No acknowledgment of any instrument in writing, that conveys any real
estate, or whereby any real estate may be effected in law or equity, shall be taken,
unless the person offering to make such acknowledgment shall be personally known
to at least one judge of the court, or to the officer taking the same, to be the person
whose name is subscribed to such instrument as a party thereto, or shall b© proved
to be such, by at least two credible witnesses.
CONVEYANCES. , 121
§ 12. The certificate of such acknowledgment shall state the foct of acknowledg-
ment, and that the person makmg the same was personally known to at least one
judf^e of the court, or to the ofHcer granting the certificate, to be the person whose
name is subscribed to the instrument as a party thereto, or was proved to be such,
by at least two witnesses, whose name shall be inserted in the certificate.
§ 13. The proof of the execution of any instrument in writing, that conveys any
real estate, or whereby any real estate may be effected in law or equity, shall be,
Fi7-st, By the testimony of a subscribing v/itness; or.
Second, When all the subscribing witnesses are dead, or cannot be had, by
evidence of the hand writing of the party, and of at least one sub-
scribing witness, given by at least two credible witnesses to each
signature.
S 14. No proof by a subscribing Vv'itness shall be taken, unless such witness
shall be personally known to at least one judge of the court, or to the officer taking
the proof, to be the person whose name is subscribed to the instrument as a
Avitness thereto, or shall be proved to be such by at least two credible witnesses.
§ 15. No certificate of such proof shall be granted, unless such subscribing wit-
ness shall prove that the person whose name is subscribed thereto as a party, is the
person who executed the same; that such person executed the instrument, and
that such witness subscribed his name thereto as a witness thereof.
§ 16. The certificate of such proof shall set forth the following matters:
First, The fact that such subscribing witness was personally known to at
least one judge of the com't, or to the officer granting the certificate,
to be the person whose name is subscribed to such instrument as a
w^itness thereto, or was proved to be such by at least two witnesses,
whose names shall be inserted in the certificate.
Second, The proof given by such witnesses of the execution of such instmment,
and of the facts that the person whose name is subscribed to such
instrument as a party thereto i? che person who executed the same,
and that such witness sub^<^ribed his name to such instrument as a
witness thereof.
§ 17 No proof, by evidence^r the handwriting of the party, andof asubscnbmg
witness shall be taken, unless the court, or officer taking the same, shall be satis-
fied that all the sub^^nbing witnesses to such instrument are dead, or cannot be
had, to prove the execution thereof. " , j-u,
§ 1 8. J<^o certificate of any such pi-oof shall be granted, unless at least two credible
witnesses shall state, on oath or affirmation, that they personally knew the person
whose name is subscribed thereto as a party, well know his signature (stating
their means of knowledge,) and believe the name of the person subscribed thereto
as a party, was subscribed by such person-, nor unless at least two credible wit-
nesses shall, in like manner, state, that they personally knew the person whose
name is subscribed to such instrument as a witness, well know his signature,
(stating their means of knowledge,) and believe the name subscrioed thereto as a
witness, was thereto subscribed by such person.
17
123 CONVEYANCES.
§ 19. The certificate of such proof shall set forth the names of the witnesSeiF
examined, the fact that such witnesses were sworn, and the evidence required by
the last preceding section to be by them given.
§ 20. Upon the application of any grantee, in any instrument in writing required
by this act to be recorded, or of any person claiming under such grantee, verified
hy the oath of the npplicant, that any witness to such instrument, residing in the
county where such application is made, refuses to appear and testify touching the
execution thereof, and that such instrument cannot be proved without his evidence^
any court, or officer authorized to take the proof of the instrument, may issue a
subpoena, requiring such witness to appear before such court, or officer, and testify
touching the execution thereof.
5 21. A married woman may relinquish her dower in any of the real estate of
her husband, by any conveyance thereof, executed by herself and husband, and
acknowledged and certified in the manner hereinafter prescribed.
§ 22. Such relinquishment shall -be taken before some court, or officer authorized
hy this act to take the proof or acknowledgment of instruments in writing, con.-
veying real estate or effecting the same.
5 23. No such relinquishment shall be taken, unless such married woman shall be*
personally known to at least one judge of the court, or to the ofiicer taking the
same, to be the person whose name is subscribed to such conveyance as a party
thereto, or shall be proved to be such, by at least two credible witnesses; nor
unless she shall be made acquainted with the contents of such conveyance, and
shall acknowledge, on an examination apart from her husband, that she executed
the same, and relinquishes her dower in the real estate therein mentioned, freely
and without compulsion or undue influence of her husband.
§ 24. The certificate of such relinquishment shall set forth, that such married
woman was personally known lo at least one judge of the court, or to the officer
taking the same, to be the person wW)se name is subscribed to such conveyance^
or was proved to be such, by at least two ^vitnesses, whose names shall be inserted
in the certificate, that she was made acquainted with the contents of such convey-
ance, and acknowledged, on an examination apart from her husband, that she
executed the same, and relinquishes her dower in the real estate therein men-
tioned, freely, and without compulsion or undue influence of her husband.
5 25. A married woman may convey any of her real estate, by any conveyance'
thereof, executed by herself, and husband, and acknowledged by such married
woman, and certified in the manner hereinafter prescribed, by some court author-
ized by this act to take and certify such acknowledgment.
§ 26. No covenant, expressed or implied, in any such conveyance, shall bint
such married woman, or her heirs, except so far as may be necessary eflectually toJ
convey from such married woman and her heirs, all her right and interest, expressec
to be conveyed in such conveyance.
5 27. Any court authorized by this act to take the proof or acknowledgment, of
any instrument in writing, that conveys any real estat( or whereby any r&ak]
CONVEYANCES. 123
estate may be effected in law, or equity, may take and certify the acknowledgment
of a married woman, to any such conveyance of her real estate.
5 28. No such acknowledgment shall be taken, unless such married woman shall
be personally known, to at least one judge of the court, taking the same, to be the
person whose name is subscribed to such conveyance as a party thereto, or shall
be proved to be such by at least two credible witnesses, nor unlesss such married
woman shall be made acquainted with the contents of such conveyance, and shall
acknowledge, on an examination apart from her husband, that she executed the
same, freely, and without compulsion or undue influence of her husband.
5 29. The certificate of such acknowledgment shall set forth, that such married
woman was personally known, to at least one judge of the court granting the same
to be the person whose name is subscribed to such conveyance as a party thereto,
or was proved to be such, by at least two witnesses, (whose names shall be inserted
in the certificate,) and that she was made acquainted with the contents of such
conveyance, and acknowledged, on an examination apart from her husband, that
she executed the same, freely, and without compulsion or undue influence of her
husband.
§ 30. Every instrument in writing, that conveys any real estate, or whereby
any real estate may be effected in law, or equity, proved or acknowledged and
certified in the manner above prescribed, shall be recorded in the office of the
recorder of the county in which such real estate is situated.
5 31. Every such instrument in writing, certified and recorded in the manner
herein above prescribed, shall, from the time of filing the same with the recorder for
record, impart notice to all person^ of the contents thereof; and all subsequent pur-
chasers, and mortgages, shall be deemed, in law and equity, to purchase with notice.
§ 32. No such instrument in wa'iting shall be valid, except between the parties
thereto, and such as have actual notice thereof, until the same shall be deposited
with the recorder for record.
5 33. Every letter of attorney, or other instrument in writing, containing a
power to convey any real estate, as agent or attorney for the owner thereof, or to
execute, as agent or attorney for another, any instrument in writing that conveys
any real estate, or whereby any real estate may be effected in law or equity, shall
be acknowledged or proved, and certified and recorded, as other instruments in
writing, conveying or effecting real estate, are required to be acknowledged or
proved, and certified and recorded.
§ 34. No such letter of attorney, or other instrument, certified and recorded in
the manner prescribed in the preceding section, shall be deemed to be revoked by
any act of the party by whom it was executed, until the instrument containing
such revocation shall be deposited for record in the same office in which the
instrument containing the power is recorded.
5 35. Every instrument in writing, conveying or effecting real estate, which
shall be acknoAvledged or proved, and certified as hereinbefore prescribed, may,
together with the certificate of acknowledgment, proof, or relinquishment, be read
in evidence without further proof.
j^ CORONERS.
5 36 Where any such inBtrumcnt is acknowledged or proved, and certified, and
recorded in the manner hereinbefore prescribed, and it shall be shown to the court
that such instrument is lost, or not within the power of the party wishmg to use
the same, the record thereof, or a transcript of such record, certified by the recorder
under the seal of his office, may be read in evidence without further proof.
5 37. Neither the certificate of the acknowledgment, or of the proof of any such
instrument in writing, nor the record, or transcript of the record of such instrument,
shall be conclusive^ but the same may be rebutted.
6 38 If the party contesting the proof of any such instrument shall make it
ar'that such proof was taken upon the oath of an incompetent witness, neither
su^h instrument nor the record thereof shall be receivexl in evidence, until estab.
lished by other competent proof.
I 39 The term, real estate, as used in this act, shall be construed as co-extensive
in meaning with lands, tenements and hereditaments, and as embracing all chattels
real. . , . . • i ♦
§ 40. This act shall not be so construed as to embrace w.thm its provisions, last
wills and testaments.
Approved^ February 3, 1835.
CORONERS.
An act concerniv'T corona. w
Sec. 1. Buites of coroner; to take oath and give liond.
Be it enacted hy the general assembly of the stale of Missoiiri, as foUoics:
5 1. The coroner shall serve all process, and discharge all the other duties
pertaining to the office of sheriff, in all cases where the sherift' shall be a party in
the suit, and where it shall be proved to the court, out of which such process shall
issue, or to the clerk thereof in vacation, that the sheriff is interested in the suit^
related to either party, or prejudiced against any party to such suit. It shall be
hi3 duty to take inquest of violent and casual deaths happening in his county, or
-where the body of any person coming to such death, shall be discovered in his
county; and shall make returns of such inquest to the circuit court. He shall be
a conservator of the peace within his county, and shall, before he enters upon the
duties of his office, take the oaths required by the constitution, and give bond in a
sum of at least one thousand dollars, with sufficient security, to the state of Mis-
souri conditioned as like bonds are, which bond shall be recorded in the same
<Eaanner as the bonds required by law in the case of sheriffs, and with the like effect.
j Approved, December 16' h, 1834. |
CORPORATIONS. 1 25
CORPORATIONS.
An act to regulate proceedings against corjwrations.
SfiC. 1 . Process against corporations to be a summons.
2. How process shall l)e served.
3. Eeturn on process how to be made.
4. Notices, orders, rules, &c., shall be served in like manner.
5 & 6. Process not served, order of publication to be made; copy or order, how publislied.
7. Execution on judgment to be fieri facias; upon what to be levied, &c.
5. In default of goods and chattels, lands and tenements, attachment to issue.
9. Attachment, how to be executed.
10. Upon such service, what goods, effects, &c. of the corporation, bound for the judgment.
11. Proceedings against garnishee.
12. Credit to garnishee for payments.
13. If judgment be not satisfied, other writs of attachment may issue.
14. Surplus how disposed of.
15. Upon dissolution of corporation, affairs to be settled by trustees.
16. This act not to extend to public corporations.
Be it enacted by the general assembly of the state of Missoiiri, as follou's:
§ 1. In all actions which may he instituted, in law or equity, against any private
corporation, or incorporated company, it shall be sufficient to issue a summons, com-
manding the corporation, by their corporate name, to appear and answer the action
or bill, which summons shall be returnable in like manner, and subject to the same
rules and regulations, as the like process in case of individuals.
§ 2. When any such summons shall be issued against any banking, turnpike, or
other incorporated company, service on the president, or other chief officer, or, in
his absence, on the cashier or chief clerk, treasurer or secretary, or in absence of
these officers, then on any director or manager of such company, such president
or other officer being at the time of service within the county in which he usually
resides, or the banking-house or office of such corporation is situate, shall be deemed
sufficient service of such summons.
§ 3. On the return of such summons, served as aforesaid, the officer serving the
same shall express in his return, distinctly, on whom and where the same hath been
executed; and if on anv other than the chief officer, he shall express the absence
of such officer, or that he could not be found; whereupon, the same proceedmgs to
final judgment, or decree, shall be had against said corporation, as in other cases.
§ 4. All notices, orders and rules, required to be served in the progress of any
cause, shall be served in like manner.
§ 5. In case the sheriff or other officer shall return any summons as aforesaid not
served, and it shall be made appear to the court that process cannot be served, the
court shall make an order, directing the defendants to cause their appearance to be
entered to said action, on or before the first day of the next term of the said court.
§ 6. A copy of such order shall be inserted in some news-paper printed m this
state, for at least six weeks; and the publication of such order, in manner aforesaid,
being duly proved, shall have the like effect, and the cause be proceeded in as m cases
of summons duly served.
126 • CORPORATIONS.
§ 7. The first process upon a judgment against any private corporation shall be a
Jteri facias^ which the sheriff or other officer shall levy on the monies, goods and
chattels, lands and tenements, of such corporation, and proceed thereon as in other
cases.
§ 8. In case the sheriff or other officer shall return upon any such writ of /eW
facias, that no goods and chattels, lands and tenements, can be found whereon to
levy, or if the property taken shall not be sufficient to satisfy the judgment, interest
and costs, it shall be the duty of the circuit court, on the application of the plaintiff
or his attorney, to issue a writ of attachment against the rights and credits of such
corporation, reciting the judgment, execution and return, and directed to the sheriff
of the county.
5 9. Such attachment shall be executed by summoning, as garnishee, any person
having any monies or effects belonging to such corporation, and any debtor to such
corporation who may be found within his county, to appear before the circuit court,
p,t the return of the writ, and then and there answer, touching any monies or
effects of such corporation in his hands, or any debt he may owe to the same.
§ 10. From the time of making such service, all monies and effects due and owing,
payable or belonging to such corporation, shall be bound until the judgment is saf
isfied; and no payment made thereafter to such corporation, or other disposition of
any debts, monies or effects, so attached, shall be credited to the garnishee making
the same, nor shall the stock owned by such person in such corporation be allowed
as a set-off.
5 11 • Proceedings against garnishees, under the provisions of this act, shall be the
same as against the garnishee summoned in the case of an absent or absconding
debtor; but no judgment shall be rendered against him for any debt to become due
at a future day, until after the same shall become due.
{ 12. For all monies paid by any garnishee, under this act, he shall have credit
against the corporation to whom it was due.
§ 13. If a sufficient sum be not made to satisfy such judgment and costs, other
writs of attachment may be issued as aforesaid, from time to time, until the whole is
satisfied.
§ 14. If any money remain in the hands of the officer, after satisfying the judg-
ment and all costs, he shall pay the same to the corporation, or its order.
§ 15. Upon the dissolution of any corporation already created, or which may
hereafter be created by the laws of this state, the president and directors, or mana-
gers, of the affairs of said corporation, at the time of its dissolution, by whatever
name they may be known in law, shall be trustees of such corporation, with full
power.
First, To settle the affairs, collect the outstanding debts, and divide the monies
and other property among the stockholders, after paying the debts
due and owing by such corporation at the time of its dissolution, as
far as such monies and property will enable them.
(XISTS. 127
Second, To sue for and recover such debts and property, by the name of the
trustees of such corporation, describing it by its corporate name, and
may be sued by the same name.
{ 16. Nothing herein contained shall be construed to extend to any corporation
of any county or township, city, borough, town or village, or other public or muni-
cipal corporation, or to any public university, academy, seminary or school, incor-
porated by the laws of this state.
Approved, February Qth, 1835.
COSTS.
An act concerning costs.
Seg. 1. Security for costs, in what cases required before action commenced.
2. In what cases security to be given after suit commenced; on failure, court may dismiss, &et
3. Who may sue as a poor person; counsel to bo assigned him by the court.
4. In what cases the clerk shall issue original writ, witliout tax fee for the same.
5. If any person sueing, recover judgment, he shall have judgment for costs.
6. When defendant shall recover costs.
7. In actions of replevin, damages and costs hov/ adjudged against the plaintiff.
8. Costs on judgment on demurrer.
9. Several pleas, some adjudged bad, &c., costs, how awarded.
10. Several counts, some iiisuflicient or found for defendants.
11. Several defendants in tort, some acquitted, costs how adjudged.
12. Suits of scire facias or prohibition, when defendant shall recover costs.
13. In actions of trespass, and other actions, when costs may be recovered, &e.
14. Suits in justices jurisdiction brought in circuit court, costs how paid.
15. On certiorari prosecuted, the successful party shall recover costs, i^-c.
16. How costs shall be adjudged on appeals from county court or justice of the pcaco.
17. If judgment be in favor of the appellant, costs how adjudged.
18. Where the appellant docs not prosecute his appeal, judgment to be affirmed with costs.
19. How costs to be adjudged on appeals, or writ of error.
20. In chancery causes, how adjudged.
21. Suits upon obligations, bonds, &c., made to, or with the state, &c., if the plaintiff recover debt or damages, ho
shall recover costs; when defendant shall recover costs.
22. How costs to be paid on application for partition of land.
23. Who liable for costs, where suit is brought in tho name of ono porcon to the use of another.
24. Bill of cost to be taxed up by the ciuik.
25. Cost to be paid by the plaintiff, where suit brought after tender made and payment offered.
26. Costs may be re-tased; how.
27. Bill of costs from the inferior court, when the supreme court may re-tax the same.
28. Costs attending such correction to be paid by the clerk of the inferior court.
29. Where costs are given by this act, either party may have execution therefor.
30. Either party adjudged to pay costs before final judgment, how to be collected.
31. How collected from security, attorney who is liable, &c., or person for whose n:e suit ia brought
32. Attorney may be made liable for costs, for neglect of duty, &c.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. In all actions on office bonds for the use of any person, actions on the
bonds of executors, administrators or guardians, c[uitani actions, actions on penal
statutes, and in all cases in law or equity, where the plaintiff or person for whose
use the action is to be commenced, shall not be a resident of this state, the plaintiff,
jog OOSTfe.
or person for whose use the action is to be commenced, shall, before he instituteji
such suit, file with the clerk of the circuit court in which the action is to be com-
menced, the obligation of some person, being a resident of this state, whereby he
shall acknowledge himself bound to pay all costs which may accrue in such action;
and if any such action shall be commenced without filing such obligation, the
court, on motion, may dismiss the same, and the attorney of the plaintiff shall be
ruled to pay all costs accruing thereon.
§ 2. If at any time after the commencement of any suit by a resident of this
state, he shall become non-resident, or in any case the court shall be satisfied that
any plaintiff is unable to pay the costs of suit, or that he is so unsettled as to
endanger the ofiicers of the court with respect to their legal demands, the court
shall, on motion of the defendant, or any officer of the court, rule the plaintiff, on
or before a day in such ruled named, to give security for the payment of the costs
in such suit; and if such plain tifi^ shall fail, on or before the day in such rule
named, to file the obligation of some responsible person, being a resident of this
state, whereby he shall bind himself to pay all costs which have accrued, or may
accrue, in such action, the court may, on motion, dismiss the suit.
§ 3. If any court shall, before or after the commencement of any suit pending
before it, be satisfied that the plaintiff" is a poor person, and unable to prosecute his
or her suit, and pay the costs and expenses thereof, such court may, in its discre-
tion, permit him or her to commence and prosecute his or her action as a poor
person; and, thereupon, such person shall have all necessary process, and pro-
ceedings, as in other cases, without fees, tax or charge; and the court may assign
to such person, counsel, who, as well as all other officers of the court, shall perform
their duties in such suit, without fee or reward; provided, that when judgment is
entered for the plaintiff", there shall be judgment for his costs, which shall be col
lected for the use of the officers of the court.
§ 4. If any person file, before any clerk in vacation, an affidavit, that he has a
just and subsisting cause of action, on which he proposes to bring a suit, and that
he is unable to pay the costs, the clerk shall issue an original writ, without paying
any tax or fees for the, same-
5 5. If any person shall sue in any action, and shall recover judgment, then the
plaintiff shall have judgment for costs against the defendant.
§ 6. If any person shall sue in any action, wherein the plain tiff might have costs
in case of judgment in his favor, and he be non-prossed, or suffer a discontinuance^
or be non-suited after appearance of the defendant, or a verdict pass against him^
then the defendant shall have judgment against the plaintiff to recover his costs.
§ 7. Any person making avowry, justification or cognizance in replevin, if the
same be found for him, or the plaintiff" be non-suited, non-prossed, or suffer a dis-
continuance, or be otherwise bound, then such person shall recover his damages
and costs against the plaintiff, in like manner as the plaintiff would have done if th
same had been found against the defendant.
§ 8. If in any action, judgment, upon demurrer by either party to the action,
shall be given against the plaintiff, the defendant shall recover costs against theplaim-;
COSTS. 129
Viff; and if judgment upon demurrer be given for the plaintifT, or demandant, he shall
recover costs against the defendant.
§ 9. When any defendant in any action, or plaintiff in replevin, shall plead seve-
ral matters, any whereof shall, upon demurrer joined, be adjudged insufficient, or if
a verdict shall be found on any issue in the case for the plaintiff, costs shall be given
at the discretion of the court.
§ 10. Where there are several counts in any declaration, and any one pf them
shall be adjudged insufficient, or a verdict on any issue joined thereon shall be
found for the defendant, costs shall be awarded in the discretion of the court.
§ 11. Where several persons are made defendants to any action of trespass,
assault, false imprisonment, detinue, replevin, trover or ejectment, and one or
more of them shall be acquitted, every person so acquitted shall recover his cost?
in like manner as if such verdict of acquittal had been given in favor of all the
defendants, unless it shall appear to the court, that there was reasonable o-iUse for
making such person defendant to such action.
§ 12. In all suits upon writs of scire facias, or upon prohibit^^^? the plaintiff
obtaining judgment, or an award of execution after plea i^'eaded, or demurrer
joined therein, shall recover his costs of suit; and i^ ^^^ plaintiff shall be non-
suited, or non-prossed, or suffer a discontinuanc*-? ^^* ^ verdict shall pass against
him, the defendant shall recover his costs.
§ 13. In all actions of trespass, if upon the trial of the issue or enquiry of
damages, any damage be found for the plaintiff, he shall recover his costs; and in
all other actions which shall be prosecuted in any court, the subject matter of
which is cognizable before such court, but the amount of damages recovered shall
be below the jurisdiction of the cop-^^j the plaintiff or defendant shall recover
costs in the discretion of the co'^" '^•
6 14. If a suit is comr*""^^^^^ ^^ the circuit court, which is properly cognizable
before a jik^*--^ ol the peace, the plaintiff may recover judgment, but the cost
shall be adjudged against him.
§ 15. In all cases where either party shall sue out a certiorari upon any judgment,
where the same shall be allowed by law, the successful party, '^•- the superior
court, shall recover costs in both courts.
§ 16. When an appeal shall be taken from a judgr-^^t of a county court, or
justice of the peace, against the appellant, t^'- costs shall be adjudged m the
following cases, as follows:
First, If the judsmont be affi-^ied, or the appellee, on a trial de noco, shall
recover as muc^ or more than the amount of the judg-^ient below,
the appellant shall pay costs in both courts.
Second If the judgment be reversed, and the judgment o-^ the circuit court be
in fa^or of the appellant, the appellee shall r«iy costs in both courts.
Third, If the appellant shall, at any time before hi? appeal is perfected, tender
and offer to pay to the appellee any portion of the judgment, which
shall not be accepted in satisfaction, and the appellee shall net, in
18
ISO COSTS.
the appellate court, recover more than the amount so tendered and
refused, he shall pay costs in the appellate court.
Fourth, If no such tender shall have been made, and the appellee recover
any sum in the appellate court, or if, after such tender and refusal,
the appellee shall recover more than the amount tendered, the
appellant shall pay costs in both courts.
f 17. If such appeal shall be from a judgment in favor of the appellant, cost
shall be adjudged in the following cases, as follov^rs :
First, If the judgment appealed from shall be affirmed, or upon a trial de novo,
the appellant'shall not recover more than the judgment below, he
shall pay the cost in the appellate court.
Second, If on the appeal, the appellant recover nothing, or the judgment be
against him, he shall pay costs in both courts.
J^^'ird, If the appellant recover more than the judgment below, he shall
recover costs in both courts.
§ 18. In all »-ises where an appeal from a judgment of the county court, or a
justice of the peace, .v,g^ji j^qj. i^g prosecuted by the appellant according to law,
the judgment shall be aftix.,ed, and the costs adjudged accordingly.
{ 19. If any person siall sut^^t a writ of error, or take an appeal, to review
the judgment of a circuit court, ana tjie judgment shall be affirmed, or the writ of
error or appeal discontinued or quashc>d, or the plaintiff in error or appellant non-
suited, the defendant in error, or appellee, shall recover his costs; and if the judgment
be reversed, the appellant or plaintiff in error, shall recover his costs.
§ 20. Upon complainant dismissing hk bill in equity, or defendant dismissmg
the same for want of prosecution, defeadam-^hall recover against complainant full
costs; and in all other cases in equity (not othei-..ise directed by law,) it shall be
in the discretion of the court to award costs or not.
§ 2i> In suits upon obligations, bonds or other specialties, or oi^ -'^ntracts
express or implied, made to or with the state, or the governor thereof, or any other
person to the use of the state, or of a county, if the plaintiff shall recover any
debt or dama^og^ he shall also recover costs, as in other cases; but if such plaintiff
suffer a discontmuarw^g, or be non-suited or non-prossed, or a verdict pass against
him, the defendant shall ro^^ver his costs.
§ 22. In all cases founded on .He statute concerning the partition of land, the
party petitionmg shall pay all costs, n^.^e first instance, but shall be entitled to
judgment against each of the parties interes..^ i^ the partition, for such part of
the whole, costs attending the proceeding, as shall v proportionate to the amount
of his interesv. unless the lands shall have been sold it. order to make partition, in
which case the uourt shall apportion the costs amongst the several parties, and
cause the same to be paid out of the money arising from suCrv sale.
§ 23. Where a suit si^U be commenced in the name of one pevson to the use of
another, the person to whtse use the action is brought, shall be held liable for the
payment of all costs which ti^ plaintiff may be adjudged to pay.
♦ 94. The clerk shall tax and subscribe all bills of costs arising in any cause oi-
i
COSTS. 131
proceedings, instituted or adjudged in the court of which he is the clerk, agreeably
to fees which shall, for the time being, be allowed by law, and shall in no case
allow any item or charge, unless the service for which it was made was actually
performed in the cause.
§ 25. In all actions where tender shall be made, and full payment offered, by
discount or otherwise, in such specie as the party by contract or agreement ought
to do, and the party to whom such tender shall be made, doth refuse the same, and
yet afterwards will sue for the debt or goods so tendered, the plaintiff shall not
recover any costs in such suit; but the defendant shall recover costs as if judgment
in the cause had gone in his favor upon the merits.
{ 26. Any person aggrieved by the taxation of a bill of costs, may, upon
application, have the same re-taxed by the court in which the action or proceeding
was had, and, in such re-taxation, all errors shall be corrected by the court; and
if the party aggrieved shall have paid any unlawful charge, by reason of the first
taxation, the clerk shall forfeit all fees which were allowed to him by law for taxing
the costs in the case, and shall also pay the party aggrieved the whole amount
w^hich he may have paid by reason of the allowing of such unlawful charge.
{ 27. In all cases of appeal and writs of error in the supreme court, that court
shall, whenever tiie transcript of a record shall contain any unnecessary matter
had before the inferior court, re-tax the bill of costs of the clerk of the inferior
court; and where the fees for such unnecessaiy matter, contained in the transcript
of the record, shall have been paid to the clerk of the inferior court, the supreme
court shall order the same to be refunded, and upon refusal by the clerk to refund,
(a copy of the order having been first served upon him,) enforce the order by
attachment. ./
§ 28. Costs attending the correction of every bill of costs, and enforcing tho
order to refund, as provided in the preceding section, shall be paid by tH clerk
improperly charging fees, and the costs of re-taxing shall be at the ^^^ of ten
cents on every dollar improperly taxed.
§ 29. In all cases where costs are given by this act, the party to ^vhom the same
are adjudged may have execution therefor.
§ 30. In all cases where either party shall be adjudged to y^Y cost before final
judgment, the party in whose favor such costs are adjudge*'? ^^Y have execution
therefor immediately, as upon final judgment.
§ 31. In all cases where there is security for co-^s, or where the attorney is
liable for the costs, or where an action is brougH to the use of another, in which
the4Dlaintifr shall be adjudged to pay costs, judgment may be rendered against such
security, attorney, or person for whose ive the action w^as brought, on motion of
the party entitled; notice of such mot^'^ having been first served on such security,
attorney or person.
S 32. If any attorney or cr^-ii^^^^^or at law shall commence any action and fail
to prosecute the same or i^^^^y miction so commenced shall be dismissed for want
of his attention- or if b' ^^^^^^ biing the action wrong, and it be necessary to enter
a non-suit- or if it f^^^ ^ made to appear to the court that the action was errO
133 qpUr^TY BOUNDAHIESv
neously brought, dismissed, or non-suit entered in consequence, the court shafl
enter up judgment against any such attorney or counsellor at law, for the full
amount of the costs thereby incurred, and all damage in consequence thereof.
Approved f February 20, 1835.
COUNTY BOUNDARIES.
An act defining the limits of the several counties in this state.
1. County of Barry 26.
2. " Benton 27.
9. •• Boona 28.
4, •• Callaway 29.
5. •• Cape GirardeMS 30.
6- " Carroll SI.
7. •• Chariton 32.
8. «♦ Clay 33.
9. ♦• Clintott 34.
10. «• Cole 35.
11. •• Cooper 36.
12. " Crawford 37.
13. •• Franklin ' 38.
- 14. " Gasconada 39-
15. " Green 40.
16. " Howard 41.
17. " Jackson 42.
18. " Jefferson 43.
19. « Jobnson 44.
20> " Lafayette 45.
». " Lewis 46.
22. M Lincoln 47.
23. « Madison 48.
24. ' Marion 49.
23. •• Monroe 50.
61. Territory >»taciied for civil and military purposes, ns Ijeretofore.
62. Counties boui^ed by a water roursc, how construed; range lines, i^c. how understood.
63. Adjoining county to he notified; surveyor of said county to join in running said line.
54. Tte surveyors slijj] survey and mark tlie lines designated; surveys to be returned to county and recorded;
evidence of t.^ jine.
£5. Accounts of surveyorb, ji^w paid; if one fails to attend, how the other to proceed.
Be it enacted by the g^,eral assemlly of the state of Missouri^ as follows:
§ 1. The county of Barry ,1^^]! ^e bounded as follows: beginning on range
line between ranges twenty-three ^nd twenty-four, two miles south of the town-
ship line, between townships thirty-o^e ^nd thirty-two; thence south to the slate
line; thence west with said line to the ^outh-west corner of the state; thence
north with the state line to the township hnt. between townships thirty-four and
thirty-five; thence east with said line to the wt.tgi-n boundary of Polk county;
thence south to the south-west corner of Polk county , thence east to the beginning.
§ 2. Benton: beginning at the south-west corner of x^ttis county; thence east
to the line between ranges nineteen and twenty; thence b^uth to the township
lin« dividing tcwnships thirty-six and thirty -seven; thence west wjth said to-wn«5hip
County
of Montgomery
. ••
Morgan
H
New Madrid
M
Perry
tt
Pettis
M
Pike
»
Polk
«
Pulask!
U
RandoljA
It
Balls
n
Ray
«
Bipley
"
Bives
M
St. Frangol*
"
Ste. Geneviev*
41
St. Charles
M
St. Louis
«•
Saline
"
Scott
.t
Shelby
U
Stoddart
U
Van Buren
<•
Warren
u
Washington
•t
Wayne
COUNTY BOUNDARIES. 133
line to the range line dividing ranges twenty -three and twenty-four, and thence
north with said range line to the beginning.
§ 3. Boone: beginning in the middle of the main channel of the Missouri river,
at the south-east corner of Howard county, and running thence v^ith the eastern
boundary of said county to the north-east corner of township fifty-one, range
fourteen west; thence due east with the township line between townships fifty-
one and fifty-two to the main dividing ridge between the waters of the river
Mississippi and Missouri; thence along said dividing ridge to the sectional line, one
mile west of the east boundary line of range eleven west, in township fifty-one
north; thence south, with said sectional line, to the south boundary line of township
fifty ; thence west with said township line one and a half miles to the middle of the
main fork of Cedar creek; thence down Cedar creek, in the middle of the mam
channel thereof, to where the range Ime between eleven and twelve crosses said
creek the second time ; thence w^ith said line to the middle of the main channel of
the Missouri river; thence up said river, in the middle of the main channel thereof,
to tlie beginning.
§ 4. Callaway : beginning at a point in the middle of the main channel of the
Missouri river, to which a projection of the range line between ranges six and
seven west would lead; thence north with the said range line to the north-west
corner of township forty-nine north, in range six west; thence v/est with the line
between townships forty-nine and fifty, to the main fork of Cedar creek, which is
the line of Boone county; thence southv,'ardly with the same creek until it strikes
the range line between ranges eleven and twelve; thence south with the said range
line to the middle of the main channel of the Missouri river, and down the same, in
the middle of the main channel thereof, to the beginning.
§ 5. Cape Girardeau: beginning in the Mississippi river, opposite the mouth of
Apple Creek; thence up said creek, pursuing the west or principal fork thereof, to
the line between townships thirty-three and thirty-four north; thence west to the
dividins rid^^e between the rivers Castor and White-water; thence in a direct line
to the dividing ridse between Castor and Crooked creek; thence southwardly with
said dividing ridge until it strikes the edge of the Big Swamp, between Jenkins*
creek and Castor; thence west to the river Castor; thence down the same to the
line of Stoddart county, and with the same to the line of Scott county; thence
with the same to the Mississippi river, and up the same to the hos'^^^^^^S-
§ 6. Carroll: beginning in the middle of the main chan^^f of the Taissouri river,
opposite the range line dividing ranges twenty -fivf^ "'^^^'1 twenty-six; thence down
said riv^er to the mouth of Grand river; the— '^ "P ^-''d river, in the middle of the
main channel thereof, to the townsl--i^ ^^ne dividing townships fifty-five and fifty-
six; thence west with said linp --O the line dividing ranges twenty-five and twenty-
six; thence south with s«xd range line to the place of beginning.
§ 7. Chariton: beginning in the Missouri river, where t!ie western line of Howard
county strikes the same; thence to and with said line to the north-west corner of
Howard county; thence east to the sectional line which divides ranges sixteen into
1:M COUJNTY BOUNDARIES.
equal parts; thence north to the line between townships fifty-six and fifty-seven;
thence with said line west to Grand rit^er; thence down the same to the beginning,
§ 8. Clay: beginning in the Missouri river; thence north to the division line
between ranges twenty-nine and thirty, and with said line to the north-east corner
of section thirty -six, of township fifty -four, range thirty ; thence west to the state
line; thence south to the Missouri river, and down the same to the beginning.
§ 9. Clinton: beginning at the north-west corner of Clay county; thence north
to the middle of township fifty-seven; thence east to a point due north of the north-
east corner of Clay county; thence south to the northern line of said county, and
with said line to the beginning.
§ 10. Cole: beginning at a point where the range line between ranges fourteen
and fifteen west, extending north, will intersect the middle of the main channel of
the Missouri river; thence jn « dlvoot Hue u> the curuer ofiownslilps number forty-
five and forty -six, of ranges number fifteen and sixteen west; thence due south with
said range line to the middle of the main channel of the Osage river; thence down
the same to the Missouri river; thence up the middle of the main channel thereof to
the beginning.
§ 11. Cooper: beginning in the Missouri river, at a point where the line between
ranges fourteen and fifteen would intei'sect the same; thence in a direct line
to the south-east corner of township forty-six, range sixteen; thence south with
the range line between ranges fifteen and sixteen, one mile, to the south-east corner
of section one, range sixteen, township forty-five; thence west to the south-west
corner of section six, range nineteen, township forty -five; thence north with the
dividing line between ranges nineteen and twenty, to the north-west corner of
township forty-eight, range nineteen; thence in a direct line to a point on the
southern bank of the Missouri river, where the range line between ranges eighteen
and nineteen terminates; thence north to the middle of the main channel of said
river; thence down the same to the beginning.
§ 1 2. Crawford : beginning at the south-west corner of Washington county ; thence
west to the line between ranges eight and nine; thence northwardly with the line
of Pulaski county to the southern boundary of Gasconade county; thence along the
same to the point of intersection between the counties of Franklin and Washing-
ton; thence with the western boundary line of Washington to the beginning.
§ 13. I'nmL-lin: beginning at the north-west of St. Louis county; thence south to
the line between tov-nships forty-two and forty -three; thence direct to the north-
east corner of Washingtoxv county; thence west to the middle of range four west;
thence north to the Missouri riv^.. thence down said river to the beginning.
§ 14. Gasconade: beginning at the n^^+i^.-y^rest corner of Franklin county ; thence
south to the line between townships thirty -nui^ rmd forty; thence west to the line
between ranges eleven and twelve; thence north to the Osage river; thence down
the same to the Missouri river; thence down the same to the beginning.
5 15. Green: beginning where the line dividing townships twenty -six and twen-
ty-seven crosses the line dividing ranges seventeen and eighteen; thence west with
said township line to its intersection with tlie eastern boux^lary of Barry county ;
COUNTY BOUNDARIES. 135
thence along said line to the southern boundary line of Polk county; thence with
said line to the south-east corner thereof; thence south to the beginning.
} 16. Howard: beginning in the Missouri river, opposite the mouth of Moniteau
creek; thence up said creek to the line between townships forty-eight and forty-
nine; thence in a direct line to the north-east corner of township fifty-one, range
fourteen west; thence in a direct line to a point one and a half miles due vvest of the
north-east corner of township fifty-two, range seventeen west; thence on a dh'ect
line to a point in the middle of the Missouri river, where the hne betv/een sections
seventeen and twenty, township fifty-one, range seventeen Vv est, intersects the same,
and down the same to the beginning.
§ 17. Jackson: beginning m the Missouri river, at the place where the western
line of the state crosses it; thence south to the line between townships forty-six
and forty-seven; thence east with the said township line to the middle of range
twenty-nine; thence north to the Missouri river; thence up the same to the begin-
ning;.
§ 18. Jefferson: beginning at the south-east corner of St. Louis county; thence
with the southern boundary thereof to the line between two and three east; thence
south to the north-west corner of township forty-two, range three east; thence
direct to the north-east corner of Vv''ashington county ; thence with the Washington
county line to the southern corner of section fifteen, township thirty-eight north,
range four east; thence direct to the south-east corner of township thn'ty-nine
north, range five east; thence direct to the south-east corner of section twenty-
three, township thirty-eight, range six, till it intersects the north fork of the Isle au
Bois creek; thence down said creek to the Mississippi river; thence up the same to
the beginning.
§ 19. Johnson: beginning at the south east corner of Lafayette county; thence
westwardly with the southern boundary of Lafayette to the Jackson county line;
thence south, through the middle of range twenty -nine, to the south west corner of
section twenty-seven, township forty-four; thence east to the range line between
twenty-three and twenty-four; thence north, to the beginning.
§ 20- Lafayette: beginning in the Missouri river, opposite the termination of the
line between ranges twenty-three and twenty -four; thence south to the south-east
corner of section twenty-four, township forty -eight, range twenty-four; thence
west to the line between ranges twenty-six and twenty-seven; thence south to the
corner between townships forty-seven and forty-eight; thence west to the middle
of range twenty -nine; thence north to the Missouri river, and down the same to the
beginning.
§ 21. Lewis: beginningat the north-east corner of Marion county,in the middle of the
main channel of the Mississippi river, at a point due east of the eastern termination
of the township line between townships numbered fifty-nine and sixty ; thence with
the north boundary line of the county of Marion, on t^^ hne between townships
fifty-nine and sixty, to the range line between ra»ges nine and ten west; thence
north with the last mentioned range line to the corner of sections eighteen and
nineteen, on the range line last named, in township sixty-three north; thenee east
13« COUNTY BOUNDARIES.
with the line of the sections between eighteen and nineteen, through the middle of
the township numbered sixty-three, to the Mississippi river; thence due east to the
middle of the main channel of the said river; thence down the same, in the middle
of ihe main channel of said river, to the beginning.
§ 22. Lincoln: beginning in the Mississippi river, opposite the mouth of Cuivre;
thence with the northern boundary of St. Charles county to the fifth principal meri-
dian line; thence south to the township line between townships forty-seven and
forty-eight north-, thence west to the line dividing ranges two and three west; thence
with the line dividing townships fifty-one and fifty-two north; thence east to the
Mississippi river, and down the snme to the beginning.
§ 23. Madison : beginning at the north-west corner of section nineteen, township
thir1y-four, rangf^ four east; thence east to the dividing ridge between the rivers
Castor and White Water; thence in a direct line to the dividing ridge between Cas-
tor and Crooked creek; thence southwardly with said dividing ridge to a point
where a west line will strike a place known and called the Cedar Cabin, on the
west side of the river St. Francois; thence west to Black river, and up the same to
the old Washington county line; thence northwardly with the said line to the begin-
ning.
§ 24. Marion: beginning in the middle of the main channel of the Mississippi
river, at a point due east of the eastern termination of the line between townships
numbered fifty-six and fifty-seven; thence west to the said termination of the said
line; thence west with the last mentioned line to the range line between ranges
numbered eight and nine; thence north with the last named range line to the town-
ship line between townships numbered fifty-nine and sixty; thence east with the
township line last mentioned to its termination on the Mississippi river; thence due
east to the middle of the main channel of said river; thence down the same,
in the middle of the main channel of the said river, to the place of beginning.
§ 25. Monroe: beginning on the township line between townships fifty two and
fifty-tLree, at the first sectional line east of the range line between ranges seven
and eight; tVicnce with said sectional line, on a paralbl with said range north, to the
southern boundary of the county of Marion; thence west along the Marion county
line with the township Init between townships fifty -six and fifty-seven to the range
line between ranges twelve and iViirteen, it being the eastern boundary line of Ran-
dolph county; thence south with said range line to the township line between
townships fifty-two and fifty-three; thence east with said township line to the place
of beginning.
§ 26. Montgomery : beginning at the south-west corner of Warren county and
following the western line thereof to Lincoln county ; thence with the lines of
Lincoln, Pike, Audrain and Callaway, to the Missouri river, and down the same
to the beginning.
§ 27. Morgan: begUinino- on the range line between ranges fifteen and sixteen,
at the north-east corner of ejection twelve, township forty -five, range sixteen;
thence west to the north-west comer of section seven, township forty-five, range
nineteen; thence south with the range line to the centre of the main channel of the
COUNTY BOUNDARIES. I37
Osage river; thence down said river, in the middle of the main channel thereof, to
the point where the range line between ranges fifteen and sixteen crosses said
river, within township forty, and near the line between thirty-nine and forty;
thence north with said line to the beginning-.
§ 28. Nev/ Madrid: beginning in the middle of the main channel of the river
Mississippi, opposite the mouth of James' bayou, or creek; thence in a direct line
to the mouth of said creek, or bayou; thence in a north-westw^ardly course to a point
in the swamp, two miles due east of the northern boundary line of a tract of land
situate in the upper end of the big prairie, originally granted and confirmed to
Moses Henley; thence west to the White Water; thence with the Stoddard county
line to the state line; thence east to the river Mississippi; thence up the same,
following the middle of the main channel thereof, to the beginning.
§ 29. Perry : beginning in the Mississippi river, opposite the mouth of Apple
creek; thence up the same, pursuing the west or principal fork thereof, to the divis-
ion line between township thirty-three and thirty-four; thence west to the eastern
boundary of Madison county; thence north to the north-east corner of the same;
thence eastwardly to the south-west corner of section one, township thirty-four
north, range eight east; thence in a direct line to the intersection of the principal
forks of Saline creek; thence in a direct line to the mouth of St. Laurent creek;
thence to the Mississippi, and down the same to the beginning.
§30. Pettis: beginning at the south-west corner of Saline county; thence east
to the range line between nineteen and twenty ; thence south to the line between
townships forty-three and forty-four; thence west to the range line betweei^
twenty-three and twenty-four; thence north to the beginning.
5 31. Pike: beginning at the north east corner of Lincoln county, and running
thence west with the northern boundary of Lincoln county to the range line be-
tween ranges two and three west; thence south with said line to the township line
between townships fifty and fifty-one north; thence west to the range line be-
tween ranges four and five west; thence in a direct line to the south-east corner of
section sixteen, in township fifty-four, range five, west of the fifth principal mei'idian;
thence in a direct line to the point on the Mississippi river, where the township line
between townships fifty-five and fifty-six strikes the said Mississippi river; thence
due east to the middle of the main channel of said river; thence down said river,
in the main channel thereof, to the place of beginning.
§ 32. Polk: beginning on the line between ranges seventeen and eighteen, two
miles south of the township line between townships thirty-one and thirty-two;
thence west to the range line between ranges twenty-six and twenty-seven; thence
north to the township line between townships thirty-six and thirty-seven; thence
east to the range line between ranges seventeen and eighteen; thence south along
the same to the beginning.
§ 33. Pulaski: beginning at the mouth of Niangua river, where the same empties
into the Osage river; thence north to the middle of the main channel of Osage river;
thence up said river to the point where the range line between ranges seventeen
and eighteen crosses said river; thence south with said line to the township line
19 *
138 COUJNTY BOUiNDARlES.
between townships twenty-seven and twenty-eight; thence east with said town-
ship line to range line between ranges eight and nine west; thence north with
said range line to the township line between townships thirty-three and thirty-four
north; thence northwardly with the dividing ridge between the waters of Big
Piney and Little Piney to the Gasconade river; thence down said river to the
middle of range ten west; thence north, through the middle of range ten w^est, to
the township line between townships thirty-nine and forty, being the southern
boundary of Gasconade county; thence west with said township line to the centre
of the main channel of Osage river; thence up said river to the point of beginning.
§ 34. Randolph: beginning at the north-east corner of Howard county; thence
with the northern boundary of Howard to the middle of range sixteen; thence
north to the line dividing townships fifty -five and fifty-six; thence east to the line
dividing ranges twelve and thirteen; thence south to the line- of Boone county,
and with said line to the beginning.
§ 35. Ralls: beginning in the Mississippi river, east of the termination of the
line between townships fifty-six and fifty -seven; thence west to the first sectional
line east of the range line between ranges seven and eight; thence south to the
township line betVv^een townships fifty and fifty-one; thence east to the line
between ranges four and five west; thence on a direct line to the south-east corner
of section sixteen, township fifty-four, range five west; thence on a direct line to a
point in the Mississippi, opposite to the line between townships fifty-five and fifty-
six, and thence to the beginning.
§ 36. Ray : beginning in the Missouri river, opposite the termination of the line
between ranges twenty-five and twenty-six; thence north to the division line
between townships fifty-three and fi.fty-four; thence west to the division line
between ranges twenty-nine and thirty; thence south to the Missouri river, and
down the same to the beginning.
{ 37. Ripley: beginning in Cane creek, where the southern boundary line of
the state crosses the same, in range five east; thence with the state line to a point
where the same crosses the north fork of V/hite river; thence running a north-
wardly direction on the dividing ridge between the head waters of Spring, Eleven
Point and Current rivers, and the waters of the Osage and Gasconade rivers,
to the south-west corner of Washington county; thence east along the township
line between townships thirty-three and thirty-four to the Madison county line:
thence south with said line to Black river; thence with said river, along the middle
of the main channel thereof, to a point due west of the Cedar Cabin; thence with
the south-west bounds of Wavne county to the besrinninf.
} 38. Rives: beginning at the south-west corner of section thirty, township
forty-four, range twenty-eight; thente south to the line between townships thirty-
nine and forty; thence east to the line between ranges twenty-three and twenty-
four; thence north to the south-east corner of Johnson county; thence west to the
beginning.
§ 39. St. Francois: beginning at the south-west corner of section , one, range
eight, township thirty-four; thence north-westwardlv to the north-Avest corner of
COUNTY BOUNDARIES. f 139
section thirty-six, range five, township thirty-seven; thence on a direct line to the
south-east corner of section tv/enty-three, in range six, township thirty-eight;
thence on a direct line to the south-east corner of township thirty-nine, range five;
thence on a direct line to the south-west corner of section fifteen, in range four,
township thirty-eight; thence in a direct line to the south-west corner of section
thirty-four, in range four, township thirty-six; thence to the south-west corner o^
township thirty-six, range four; thence due south to the south-east corner of
township thirty-five north, range three east; thence south, forty-five degrees west
to the middle of township thirty-four; thence west fifteen miles to the fifth principal
meridian; thence south to the line between townships thirty-three and thirty-four;
thence east with said line to the line between ranges three and four; thence north
three miles to the north-west corner of Madison county; thence due east with the
north boundary line of Madison county to the south-west corner of section fifteen,
in range eight, township thirty-four; thence in a direct line to the beginning.
§ 40. Ste. Genevieve: beginning in the Mississippi rivei', opposite the mouth of
St. Laurent creek; thence in a direct line to the point of intersection of the principal
forks of Saline creek; thence in a direct line to the south-west corner of section
one, township thirty-four north, range eight east; thence in a direct line to the
north-west corner of section thirty-six, in range five east, township thirty-seven
north; thence on a direct line to the south-oast corner of section twenty-three,
township thirty-eight north, range six east; thence on a direct line toward the
south-east corner of township thirty-nine north, range five east, so far as to intersect
the northern or principal fork of Isle au Bois creek; thence down the same to the
Mississippi to the beginning.
§ 41. St. Charles: beginning in the Mississippi river, opposite the mouth of the
river Cuivre; thence up the same to a point opposite the mouth of the Eagle fork;
thence up the same to the fifth principal meridian; thence south to the Missouri
I'lver; thence down the same to the Mississippi river, and up the same to the
beginning.
§ 42. St. Louis: beginning in the middle of the main channel of the Mississippi
river, due east of the moutii of the river Mercmeck; thence due west to the middle
of the main channel of the Mercmeck river, at the mouth thereof; thence up the
Meremeck river, and Vv'ith the middle of the main channel thereof, to a point where
the township line between the townships forty-three and forty-four north, crosses
the same; thence west with said line to the main channel of the Meremeck
river, where the said township line again crosses the same; thence up the Meremeck
river, and with the middle of the main channel thereof, to a point where the range
line between ranges two and three east crosses the same ; thence north with said
line to the middle of the main channel of the Missouri river; thence down the
Missouri river, and with the middle of the main channel of said river, to the mouth
thereof; thence due east to the middle of the main channel of the Mississippi river;
thence down the Mississippi river, and with the middle of the mahi channel thereof,
to the place of beginning.
J 40 COU.^TY BOUNDARIES
§ 43. Saline: beginning in the centre of the main channel of Missouri river,
•where the range line dividing ranges twenty-three and twenty-four crosses said
river, at the north-east corner of Lafayette county; thence due south with said
ranc^e line to the north-westcornerof section nineteen, township forty-eight; thence
due east with said section line to the county line dividing Cooper and Saline coun-
ties; thence north with said county line to the middle of the main channel of the
Missouri river; thence up said river, in the middle of the main channel thereof, to
the beginning.
§ 44. Scott: beginning in the river Mississippi, opposite the mouth of James'
Bayou, or creek; thence with the northern boundary line of New Madrid county
to White Water; thence up the same, with the line of Stoddard county, to the line
dividing townships twenty-eight and twenty-nine; thence to, and following, the
main channel of the Big Swamp, to where the same strikes the Cape La Cruse
creek; thence down said creek to the mouth of the same; thence due east to the
middle of the main channel of the river Mississippi; thence down the same, in the
middle of the main channel, to the beginning.
§ 45. Shelby: beginning at the south-east corner of township numbered fifty-
seven, of range numbered nine west; thence west with the township line, between
townships numbered fifty-six and fifty-seven, to the range line between ranges
twelve and thirteen ; thence with the last named range line north to the line between
townships numbered fifty-nine and sixty; thence with the last named township
line east to the north-west corner of Marion county, at the range line between
ranges eight and nine; thence south with the line last menticwaed to the point of
beginning.
§ 46. Stoddard: beginning in the main channel of the St. Frangois river, at the
mouth of Black Mingo; thence up the same until it strikes the main channel of the
Swamp; thence along the main channel to Castor river; ihence up the same to the
mouth of Cane creek; thence up the same to the main channel of the Swamp; thence
with said main channel of the Swamp to White V»'ater: thence down the same to
the line dividing the counties of Xew Madrid and Scott; thence west until it strikes
the western edge of Castor and Little river Swamp; thence down the western side
of said Swamp to the parallel of latitude of thirty-six degrees; thence along the
said line to the St. Frangois river, and up' the same to the beginning.
§ 47. Van Buren: beginning at the south-west corner of Jackson county; thence
east to the south-east corner of the same; thence south to the south-west comer of
Johnson county; thence east to the Ime between ranges twenty -eight and twen-
ty-nine; thence south to the line between townships thirty-nine and forty; thence
west to the western boundary line of the state; thence north to the beginning.
§ 48. Warren : beginning at the south-west corner of St. Charles county ; thence
north with the western line thereof to the southern line of Lincoln county; thence
west therewith to the south-west corner thereof; thence north with the west line
thereof to the north-east corner of section one, in township forty-nine north, range
three west; thence west to the north-westcornerof section four, in said township^
thence south to the south-west corner of section nine, township forty-seven north.
i
COUNTY BOUNDARIES. 141
and range three west; thence west to the north-west corner of section eighteen,
township forty -seven north, range four west; thence south to the Missouri river,
and down the same to the beginning.
§ 49. Washington: beginning in the middle of Grand river, opposite the mouth of
Mineral fork; thence in a north-westwardly direction to the north-east corner of
Washington county, as established by the surveyors of the counties of Washington
and Franklin; thence due west to the middle of the Meremeck river, and up the
same to a point where the line between townships thirty-nine and forty crosses said
river; thence due south to a point where the Ime between townships thirty-three
and thirty -four north, extended, would intersect the same; thence due east to the
meridian line; thence due north three miles; thence east to the middle of the town-
ship thirty-four, in range three east; thence in a direct line to the south-east corner
of township thirty-five north, range three east; thence north to the south-west cor-
ner of township thirty-six, range four east; thence east with the line between town-
ships thirty-five and thirty-six, to the south-west corner of section thirty-four,
township thirty-six, range four east; thence north, through the middle of range four
east, to the south-west corner of section fifteen, in township thirty-eight, range
four; thence to the middle of the main channel of Grand river, at its nearest point;
thence down said river, in the middle of the main channel thereof, to the beginning.
§ 50. Wayne: beginning where the southern boundary line of the state crosses
Cane creek, in range five east; thence running in a straight line to the mouth of Big
creek, where the line between ranges two and three strikes Black river; thence up
the same to a point due west of the Cedar Cabin; thence east to the south-west cor-
ner of Madison county, and with the bounds of Madison to Cape Girardeau and
Stoddard, to the state line; thence to the beginning.
§ 51. The remaining portions of territory within the state, shall remain attached
for civil and military purposes as heretofore.
§ 52. Whenever a county is bounded by a water course, it shall be coustrued to
be the m.iddle of the main channel thereof; and range, township, and sectional lines,
shall be understood as conforming to the established surveys.
§ 53. Whenever it shall appear to the satisfaction of any county court, that the
boundaries thereof are not sufficiently special and well ascertained, the county
court shall issue an order to the county surveyor, requiring him, on a certain day,
to ascertain, survey and mark such part thereof as they may designate.
§ 54. It shall be the duty of the court making such order, to give notice thereof,
at least ten days prior to running and marking said line, to the court of the adjacent
county; whereupon, the court receiving such notice, shall issue an order to the
county surveyor, ordering him to proceed with the surveyor of the county, to sur-
vey and mark such line or lines as may be designated therein.
§ 55. The surveyors shall proceed to ascertain, mark and survey the line or lines
designated in said order, and make a return of their proceedings to their respective
courts, which, if approved by the court, shall be recorded as evidence of the line in
controversy.
§ 56. Theaccountsof said surveyors shall be paid by the counties respectively; and
] 42 CON VEYANCES— CONTRACTS— ACTIONS.
in case either of the surveyors shall fail to attend, the one in attendance may pro-
ceed alone to survey and mark said line, in which case he shall make two copies or
plats of the line or lines he may run, one whereof he shall return to the county court
of each county, which being approved of as aforesaid, shall be recorded in evidence
of the line in controversy, and the expenses paid as hereinbefore provided.
Approved, March '2.0th, 1835.
COUNTIES.
CONVEYANCES— CONTRACTS— ACTIONS.
An act to enable counties to make contracts and hold and convey real estate.
Skc. 1. Conveyances to counties, or their use, effect of.
2. Court may appoint commissioner to convey real estate; effect of conveyance.
3. Contracts witti counties, binding.
4. Suits on such contracts, hovi' commenced and prosecuted.
5. Court may appoint an agent to contract for county buildings, &c.
6. Suits against the county, where commenced and prosecuted.
7. Suits in favor of the county, where commenced and prosecuted.
8. In actions against a county, how tlie process shall he served.
9. Inhabitants may be jurors or witnesses.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. All deeds, grants and conveyances, made, acknowledged and recorded as
other deeds, conveying lands, tenements or hereditaments, to any county, or the
inhabitants of any county, and their successors, or to the governor, or any per-
son or persons, by whatever form of conveyance, for the use and benefit of any
county, shall vest in such county, in fee simple, all the right, title, interest and
estate, which the grantor in such deed had at the time of the execution thereof, in
the lands thereby conveyed.
§ 2. The county court may, by their order, appoint a commissioner to sell and
dispose of any real estate of their county, and the deed of such commissioner,
under his proper hand and seal, for and in behalf of such county, duly acknowl-
edged and recorded, shall be sufficient to convey to the purchaser all the right,
title, interest and estate, which the county may then have in or to the premises so
conveyed.
§ 3. All notes, bonds, bills, contracts, covenants, agreements, or writings made,
whereby any person or persons is, or shall be, bound to any county, or the inhabi-
tants thereof; or to the governor, or any other person, in whatever form, for the
payment of money ; or any debt or duty, or the performance of any matter or things
to the use of any county, shall be as valid and effectual to vest in such county, all
the rights, interest and actions, which would be vested in any individual, on any
such contract made directly to him.
§ 4. Suits may be commenced and prosecuted thereon, in the name of such county*
or in the name of the persons to whom they are made, to the use of the connty, as
I
COUNTIES. M3
luUy and effectually as any person may of can upon like notes, bills, bonds, con-
tracts, agreements or writings, made to him.
§ 5. The county court may appoint an agent to make any contract on behalf of
such county, for erecting any county building, or for any other purpose authorized
by law, and the contract of such agent, duly executed, and on behalf of such
county, shall bind such county.
§ 6. All actions, local or transitory, against any county, may be commenced and
prosecuted to final judgment and execution, in the circuit court of the county against
which the action is brought.
§ 7. Any action, local or transitory, in which any county shall be plaintiff, may
be commenced and prosecuted to final judgment in the county in which the defend-
ant in such action resides.
§ 8. When any action shall be commenced against any county, a copy of the
original summons shall be left with the clerk of the county court, fifteen days at
least before the return day thereof.
§ 9. In all actions brought by, or against, any county, the inhabitants of the
county so sueing, or being sued, may be jurors or witnesses, if otherwise competent
or qualified.
Approved, February 20lh, 1835.
COUNTIES.
REMOVAL OF SEATS OF JUSTICE.
An act to provide for the removal of seats of justice.
Skc. 1. On petition of threc-f5ftl;s of the inhabitants, commissioners to be appointed.
2. Clualification of commissioners
3. Certificate of their appointment, notice of time and place of meeting, and, to the inbabitanti, how given.
4. Commissioners to assemble; may adjourn until a majority meet.
5. Commissioners to take an oath, &c.
6. To select a site, most suitable for public buildings.
7. Commissioners may purchase, or receive by donation, lands. Sec.
8. Deeds, and abstract of titles, to be made and delivered.
9. Proceeding of purchase, &c., to be reported to the circuit court; proceedingB of the circuit court and county
court thereon; election to be held.
10 Notice of election; when and how to be given.
11, & 12. Election, how held and conducted.
13. Votes to be cast up by the court; when the selection shall be permanent.
14. Purchase money for land to be paid out of first sale of lots.
15. If title is not approved, new selection to be made.
16. Duty of commissioners, when a place is selected already laid out into town lots.
17. Vacancies of commissioners, how filled.
18. Compensation of commissioner.
19. Commissioner of seat of justice to be appointed; how to be governed.
20. Courts to be held at new seat of justice when buildings are provided.
21. Owners of lots at old seat of justice, may re-convey by deed of relinquishment.
22. Attorney general, &.c., to examine deed of relinquishment, &.c.
23. If he be satisfied of the right of the person to relinquish, he shall so certify.
24. & 25. On presentation of hii certiScate to the court, how they shall proceed, ckc.
144 COUNTIES.
Sb«.26. If th« own«r of a lot at the old »eat of Justice be a minor, who to aat for then.
27. Improvement* may be removed from lots relinquished.
28. Relinquished lots to be conveyed to donor in certain cases.
29. Lots purchased to the use of the coanty, which have been relinquished, to be sold, See.
30- No seat of justice fixed under this act, to be removed after certain time, except, &c.
31. In the event of petition for removal, how the county court to proceed.
32. Lots relinquished to the county may be sold.
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. Whenever three-fifths of the taxable inhabitants of any county, as ascer-
tained by the tax list made and returned last preceding the application, shall petition
the county court, praying a removal of the seat of justice thereof to a designated
place, the court shall appoint five commissioners to select a site whereon to locate
the seat of justice.
§ 2. Each commissioner shall be at least twenty-one years of age, and have
resided within the state one year previous to his appointment, and not be a resident
of, own or claim, any real estate in the county.
§ 3. The county court shall grant to each person so appointed, a certificate
thereof under the seal of the court, appoint a time and place when and where the
commissioners shall assemble, cause a notice thereof to be served on each commis-
sioner, and cause advertisements to be put up by the sheriff in ten of the most
public places of the county, one month before such meeting, notifying the inhab-
itants of the county of the time, place and purport of the meeting.
§ 4. It shall be the duty of the commissioners to assemble accordingly, and if a
majority do not appear according to such notice, those appearing shall publicly
adjourn to some other day, and so on as often as may be necessary, until a majority
shall assemble; but no such adjournment shall be for a longer period than ten days
atone time.
§ 5. It shall be the duty of each commissioner, before assembling and entering
upon the duties hereinafter assigned them, to take an oath before some judge or
justice of the peace of such county, that he will faithfully perform the duties of
commissioner, a certificate of which oath shall be endorsed on the certificate of
his appointment.
§ 6. When the commissioners, or a majority of them, shall be assembled and
duly qualified, they shall examine and select the most suitable place in said county,
within one mile of the place so designated, whereon to erect the public buildings.
§ 7. The commissioners, or a majority of them, may purchase not less than
fifty nor more than one hundred and sixty acres of land, and may receive as a
donation such parcels of land or town lots, including the place selected as a seat
of justice for said county, as they shall judge most expedient.
§ 8. The vendor or donor shall execute and deliver to the commissioners a
good and sufficient deed or deeds, conveying to the county the land or lands so
sold or given, in fee-simple, without reservation or condition, and also deliver an
abstract of the title papers, deeds, conveyances and assurances, by or through
■which the title thereto is derived.
COUNTIES. 145
§ 9. The commissioners shall make report of their proceedings, accompanied by
the deed, abstract and evidences of title to said land, to the circuit court, at the
next session thereof. If the judge approves the same, he shall certify the decision
of the court thereon to the county court, who shall thereupon order an election
to be held, to determine such selection, appointing a day for that purpose, which
shall not be less than one month from the time of making the order.
§ 10. The sheriff shall cause noticps to be set up in ten of the most public places
in the county, at least twenty days belbre holding the same, particularly describing
the place selected, and notifying the inhabitants of the time, place and purport of
the election.
§ 11. The election shall be held in tlie amne places, and conducted in the same
manner, as general elections for civil officers; but no person shall be permitted to
vote, who shall not be a taxable land or householder inhabitant of said county.
§ 12. The votes shall be taken for or against the selection, and so expressed on
the poli-books, which the clerk shall lay before the county court at the next term
thereof.
§ 1 3. The court shall cast up and arrange the votes, and if it shall appear that a
majority of all the taxable land or householding inhabitants of the county have
voted for the selection, the place so selected shall be the permanent seat of justice
of the county, and the title so conveyed vested therein.
§ 14. If the land, or any part thereof, was purchased, the county court shall
make an order, that the consideration money be paid out of the first proceeds of
the sale of the lots to be laid out on such lands, and the clerk shall grant to the
vender a certificate accordingly.
§ 15. If the title to such lands be not ^ipproved, the deed given shall be of no
effect, and shall be returned, together v/ith other title papers, to the donor or ven-
der, and the commissioners shall proceed to make some other selection v/ithin the
designated limits, proceeding in all things as herein-before provided, except that
no notice shall be required of their meeting for that purpose.
§ 16. If the commissioners shall, in any case, select a place already laid out into
town lots, they may accept a donation in money or public buildings in lieu of lands
or town lots.
§ 17. If any of the commissioners die, resign, refuse orneglect to act, the county
court may appoint others in their stead, who shall take the same oath, possess the
same powers, and perform the like duties as if originally appointed.
§ 18. Each commissioner shall be entitled to receive one dollar for each day he
shall be employed in discharging any of the duties enjoined by this act.
§ 19. Whenever any seat of justice shall be removed, the county court shall
appoint a commissioner thereof, who shall take the oath, give the bond, perform
the duties, and be entitled to compensation in like manner as the commissioner of a
seat of justice in a new- county, and like proceedings shall be had in all other
respects as is provided by "an act to provide for organizing counties hereafter
established."
§ 20. As soon as convenient buildings for the holding of courts, together with a
20
J46 COUNTIES.
good and sufficient jail, can be had at such new seat ef justice, the county court
shall notify the iudges of the several courts holden in the county at the next term
thereof, who shall cause the sheriff to niake proclamntion at the court house door,
in term time, that such court will thereafter be held at the place so selected.
} 21. When any seat of justice shall be removed, the owner of any lot or lots
at the old seat of justice, the purchase of which was made from the county or its
agent, may reconvey the same to the county by deed of relinquishment, m tha
behalf duly executed, acknowledged and recorded.
§ 22. It shall be the duty of the attorney general, or circuit attorney, prosecutmg
for the district, lu examine the deed of relinquishment, together with the records
,of the recorder's office of the county, andof all courts whose judgments or decrees
might be a lien on such lot or lots.
§ 23. If he shall be satisfied that the persons so proposing to relinquish any lot,
hath all the title in the same originally conveyed by the county or its agent, and
that the deed executed by the person offering to make the relinquishment is suffi-
cient to reconvey all the tide which the county originally held m the same, he
shall so certify. .
§ 24. Upon such certificate being presented to the county court, if they shall
be of opinion that the person, making the application is the owner of the lot pro-
posed to be relinquished, they shall grant him a certificate, entitling hm or his
assigns to a credit in the purchase of any lot or lots at the new seat of justice, for
the sum originally paid to the county , or its agent, for the lot relinquished.
§ 25. The certificate shall be signed by the president of the court, and counter-
signed by the clerk; but no person shall be entitled to the benefit of this act, unless
he produce the certificate of the attorney general or circuit attorney, as herein-
before required, within six months after the removal of the seat of justice shall be
finally determined.
§ 26. If the owner of any lot at the oldseat of justice, bea minor or mmors, his,
her or their guardian or guardians may act in their behalf, for the relinquishment of
such lot or lots in like manner as the owners of lots who are of full age.
§ 27. Any person taking the benefit of the preceding sections, may, at any time
^^ ithin twelve months after relinquishing any lot or lots to the county, remove any
buildings or other improvements which may have been erected thereon, after the
sale thereof by the county or its agent, whether the same originally accrued to the
county by purchase or dtmation.
{ 28. In all cases where the lot or lots relinquished, are within any donation
made to the county, it shall be the duty of the county court to cause the same to
be reconveyed to the person or persons who made such donation, or their heirs,on
demand.
5 29. If any lot or lots relinquished shall have been purchased to the use of the
county, they shall be sold in like manner, and for the same purposes as lots at the
new seat of justice; saving, however, to all persons making such relinquishment,
the right of removing buildings and other improvements within the time herein-
before prescribed for that purpose.
COUNTY BUILDINGS. ]47
{ SO. When two years shall have elapsed, after the seat of justice shall be fixed
under the provisions of this act, without a petition for the purpose of removing
the same being again filed, the same shall not thereafter be removed, unless the
county court shall cause a sufficient tax to be assessed on all taxable property
■within the county, to pay the lot holders for their lots and improvements thereon.
} 31. In that event, the county court shall appoint three disinterested persons,
not residents of the county, to value all lots and improvements in the seat of
justice so fixed, and report the valuation thereof to the county court, who shall
thereupon cause the taxes so assessed to be levied and collected, and pay to each
lot holder the value of his lot and improvements.
} 32. All such lots, and improvements thereon, shall then be considered as
belonging to the county, and may be sold for the use thereof, by order of the
county court, and conveyed to the purchaser by the person thereto authorized.
Approved, February 6, 1835.
COUNTY BUILDINGS.
An act to provide for erecting county buildings.
Bkc. 1. Court house and jail to Ic erected.
2. Fire proof clerk's oirice, wlien to he built.
3. Building, when to lie erected on order of court, superintendent to be appointed.
4. Vacancy in the office of superintendent, to be filled.
5. Place of erecting buildings to be designated.
6. Ground may be purchased by the suncrintendsnut; when, &;c.; proceeding of purchase to be reported to the
circuit court.
7. Court to examine title, and certify their decision to county court.
8. If the title be approved, how the purchase money to be paid
9. Plan of the building, with an estimate of the cosi, to be prepared and submitted.
10. Advertisement for receiving proposals, liow made.
11. Bond and security to be tal^en from the undertaker.
12. Superintendent to inspect tlie work, materials, &c.
13. Payments, how to be made.
14. Payments to be made only on certiScate of superintendent.
15. Compensation of superintendent.
IG. Courts have power to make alterations, repairs, ^-c.
17. Persons committing trespass, waste, &;c., liable to four-fold damages.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. There shall be erected in each county, at the established se^c of justice
thereof, a good and suflicient court-house and jail.
§ 2. As soon as the court-house and jail shall be erected, acd the circumstances
of the county vvill permit, there shall also be erected onpormore fire proof build-
ings, at some convenient place or places, near the oourt-house. in which shall be
kept the offices of the recorder, and of the clerks of the several courts of such
county.
§ 3. Whenever the county court of any county shall think it expedient to erect
any of the buildings aforesaid, (the building of which shall not be otherwise provi-
1^8 COUNTY BUILDINGS.
ded for,) and there shall be sufficient funds in the county treasury appropriated' to
the erection of county buildings, or not otherv/ise appropriated, or the circumstances
of the county will otherwise permit, they shall make an order for the building thereof,
stating, in such order, the amount to be appropriated for that purpose, and shall ap-
point some suitable person to superintend the erection of such building, who shall
take an oath, or affirmation, faithfully and impartially to discharge the duties
enjoined on him by this act.
} 4. The county court shall, from time to time, fill any vacancy which may hap-
pen in the office or appointment of such superintendant.
§ 5. The county court shall designate the place whereon to erect any county
buildinc:, on any land belonging to such county, at the established seat of justice
thereof.
5 6. If there is no suitable ground for that purpose belonging to the county, the
superintendant shall select a proper piece of ground at the seat of justice, and may
purchase, or receive by donation, a lot, or lots of ground, for that purpose, and shall
take a good and sufficient deed, in fee-simple, for the same, to the county, and
shall make report of his proceedings to the circuit court, at its next sitting.
5 7. Such court shall examine the title, and certify its decision thereon to the
county court.
} 8. If the title to the land so purchased or secured be approved, the county
court, if they approve the selection, shall make an order for the payment of the
purchase money, (if any,) out of the county treasury.
§ 9. When the ground for erecting any public building shall be designated as
aforesaid, the superintendant shall prepare and submit to the county court, a plan of
the building to be erected, the dimensions thereof, and the materials of which it is
to be composed, with an estimate of the probable cost thereof.
§ 10. V/hen any plan shall be approved by the county court, the superintendant
shall immediately advertise for receiving proposals for erectmg such building, sta-
ting, in his advertisement, a description of such building, and shall contract with
the person who will agree to do the work on the lowest and best terms, not exceed-
ing the amount appropriated.
§11. The superintendant shall take from the undertaker, abend to the county, v/ith
sufficient security, for the peribrmance of the work, at such time and in such man-
ner as shall be agreed on, according to the plan, (a copy of which shall be annexed,)
under a penalty of at least double the amount to be given for erecting the building.
§ 12. It spaH be the duty of the superintendant to superintend and direct the exe"
cution of the work, and to see that the materials employed are good, and the work
executed according to contract; and shall make report of the progress and condi-
tion thereof, from time lo time, to the county court.
§ 13. When any instalmexyt shall become due to the undertaker, according to
contract, the county court shaU make an order that the same be paid out of the
county treasury.
§ 14. No such order shall be made, unless the superintendant certify that a
due proportion of the work has been completed and executed according to contract.
COUNTY TREASURIES. 149
§ 15. The superintendant of the county buildings shall receive such compensa-
tion for his services as the county court shall deern reasonable, to be paid out of the
county treasury.
} 16. The county court of each county shall have power, from time to time, to
alter, repair or rebuild any county buildings as aforesaid, which has been or may be
erected hereafter in their county, and may cause a pillory, and necessary out-
houses to be erected, as circumstances may require, and the funds of the county
may admit; and they shall, moreover, take such measures as shall be necessary to
preserve all buildings and property of their county from waste or damage.
§ 17. If any person shall commit any trespass, waste, or injury, in or upon any
county buildings as aforesaid, or other property, belonging to any county, he or she
shall forfeit and pay to the use of the county, four-fold damages, to be recovered in
the name of the county, [by] such form of action as individuals may maintain for
like injuries to their property.
Approved, January 29fh, 1835.
COUNTY TREASURIES.
An act to establish and ?'egulate county treasuries.
ART. I. Of the appointment, qualification and duties of tlie treasurer.
ART. II. Of the duties of collectors, clerks and other officers.
ART. III. Of the power and duties of the court.
ART. IV. Miscellaneous provisions.
ARTICLE I.
Of the appointment, qualijication and duties, of the treasurer.
Stc. 1. Each county court to appoint a treasurer.
2. To give bond to the court; condition of the bond.
3. His residence, duties, &c.
4. Shall keep account of monies received and disbursed, &c.
5. Duplicate receipts to be given for all money paid into the treasury; books, papers, &c., pertaining to
his office, subject to inspection.
6. Receipts and expenditures of the county; when to be furnished.
7. Annual settlement of his accounts to be made.
8. To file and register all warrants on the treasury; the name of the owner, ^c.
9. Penalty for neglecting to pay warrants, if he has the money.
10. How the penalty may be recovered.
ARTICLE II.
Of the duties of collectors, clerks and other officers.
Sic. 1. Collectors, clerks, &c., to make settlement at each stated term of the court.
2. Refusing to settle, courts may adjust the accounts.
3. Court may refuse to allow commissions to delinquents.
4. Delinquent failing to pay the amount found to be due, to pay 10 per cent., ilj-e.
5. At the next term after settlement, court to enter judgment, with 30 per cent., unless, &c.
6. If good cause be shown for setting aside settlements, courts may re-examine accounts, &c.
7. Amount due on settlement, to be a lien on real estate of delinquent.
8. Duty of the clerk of the court in certain cases, in keeping accounts, S[e,
150 COUNTY TREASURIES.
ARTICLE III.
Of the poire?' and duties of the court.
Sec. 1. Shall lunve power to audit, adjust and settle accounts, wlierc the county is a party; to order suits to
be brouglit, to enforce collections,' &;c.
2. Form of a warrant for money to he drawn by the clerli.
3. Warrant by whom signed and tested, to be numbered, &c.
4. Compensation to the cierlt and treasurer.
ARTICLE IV.
MisceUaneous provisions.
Sec. I. Clerks of courts to keep accounts of monies accruing to the county.
2. Clerks to settle their accounts at each term ; amount to be certified.
3. Courts of record to settle with sl-.eriff at each term for money due the county, and certify the same, Ate-
5. Justicss of the peace to report fines imposed by them, to each court; duty of the clerk.
4. Certified copy of settlement to be transmitted to clerk of the county court.
6. Who shall not be eligible to be treasurer.
7. For what county warrants may be received in payment.
Be it enacted by the general asse?nhhj of the state of Missouri, as follows: .
ARTICLE I.
Of the appointment, qualifications and duties of the treasurer.
§ 1. The county coui't of each county shall appoint a treasure!* therefor, and sup-
ply the vacancies which may happen in that office.
§ 2. Immediately after his appointment, the treasurer shall enter into bond to
the county, in such sum, and with sach securities, as shall be approved by the court^
conditioned for the faithful performance of the duties of his office.
§ 3. He shall reside within one mile of the place of holding the courts of the
county, receive all monies payable into the treasury thereof, and disburse the same
on warrants drawn by the order of the county court.
} 4. He shall keep a just account of all monies received and disbursed, and
regular abstracts of all warrants drawn on the treasury and paid.
§ 5. He shall make duplicate receipts, in favor of the proper person, for all
monies paid into the treasury, and keep the books, papers and money pertaining
to his office, at all times ready for the inspection of the court or any judge thereof.
{ 6. As often, and in such manner, as may be required by the court, he shall
furnish an account of the receipts and expenditures of the county
} 7. He shall, once in every year, settle his accounts with the court; and, if he
resign, be removed from office, or die, he, or his executor or administrators, shall
immediately make such settlement, and deliver to his successor in office all things
pertaining thereto, together with all money belonging to the county.
{ 8. He shall ffie all warrants on the treasury, make a register of the number'and
date thereof, the name of the person in w hose favor drawn, and the amount of each.
§ 9. If he shall neglect or refuse to pay any warrant drawn by order of the
county court, according to law, having in nis hands money applicable thereto, he
shall forfeit and pay to the holder four-fold the amount thereof.
COUNTY TREASURIES. 151
§ 10. The same may be recovered by act'onof debt, to the use of the aggrieved
party, against such treasurer and his securities on his official bond. He shall,
moreover, be deemed guilty of a misdemeanor in office, and proceeded against
accordingly, as in case of a clerk.
ARTICLE II.
Of the duties of collectors^ clerks^ and other officers.
5 1. All collectors, sheriifs, clerks, constables, and other persons, chargeable with
monies belonging to any courts, shall render their accounts to, and settle with, the
county court, at each stated term thereof; pay into the county treasury any bal-
ance which may be due the county, take duplicate receipts therefor, and deposite
one of the same with the clerk of the county court, within five days thereafter.
§ 2. If any person thus chargeable, shall neglect or refuse to render true accounts,
or settle as aforesaid, the court shall adjust the accounts of such delinquent accord-
ing to the best information they can obtain, and ascertain the balance due to the
county.
§ 3. In such case the court may refuse to allow any commission to such delmquent;
and he shall, moreover, without delay, pay into the county treasury, the balance
found due as aforesaid.
§ 4. If he shall not pay the amount thereof, and produce to the clerk of the
county court the treasurer's receipt therefor, within ten days after such balance
is ascertained, the clerk shall charge such delinquent ten per centum on the
amount then due.
§ 5. Unless the delinquent appear on the first day of the next succeeding term,
and shew good cause for setting aside such settlement, the court shall enter up
judgment for the amount due, with thirty per centum per annum until paid, and
issire execution therefor. Suc;h delinquent shall, moreover, be deemed guilty of a
misdemeanor in ofhce, and proceeded against accordingly.
§ 6. If good cause be shewn for setting aside said settlement, the court may re.
examine the accounts, settle and adjust the same according to law, and, in their
discretion, remit the penalties, previously imposed.
§ 7. The amount, or balance, of every account settled agreeably to this act,
shall be a lien, from the date of such settlement, on all the real estate of the
delinquent within the county.
I 8. It shall be the duty of the clerk of the county courts.
First To keep regular accounts between the treasurer and the county, charg-
ing him therein with all monies paid into the treasury, and crediting
him with the amount he may have disbursed, between the period of
his respective settlements with the court.
Second, To keep just accounts between the county, and all persons, bodies
politic or corporate, chargeable with monies payable into the county
treasury, or who may become entitled to receive monies therefrom.
Third, To file and preserve in his office all accounts, vouchers, and other
152 COUNTY TREASURIES.
papers pertaining to tiie settlement of any account to which the
county shall be a party, copies whereof, certified under the hand and
official seal of said clerk, shall be admitted to be read in evidence
in courts of law and elsewhere.
Fourth^ To issue wari-ants on the treasury for all monies ordered to be paid
by the court, keep an abstract thereof, present the same to the
county court, at every regular term, balance and exhibit the accounts
kept by him, as often as required by the court, and keep his books
and papers at all times ready for the inspection of the same, or any
judge thereof.
ARTICLE III.
Of the power and duties of the court.
§ 1. Each county court shall have power to audit, adjust and settle all accounts
to which the county shall be a party; to order the payment, out of the county
treasury, of any sum of money found due by the county; to enforce the collection
of all money due the county ; to order suit to be brought on the bond of any
delinquent, and require the attorney general, or circuit attorney for the district, to
commence and prosecute the same; to issue all necessary process to secure the
attendance of any person, whether party or witness, whom, or the exhibition of
any accounts, books, documents or papers, which they may deem necessary to
examine, in the investigation of any account or settlement; to examine all parties
and witnesses on oath, touching the investigation of any matter arising under this
act, and to fine or commit to jail any person guilty of contempt in their presence,
or who shall refuse to answer any lawful question.
§ 2. When the court shall ascertain any sum of money to be due from the
county, they shall order their clerk to issue a warrant therefor, in the form follow-
ing:— Treasurer of the county of ? pay to , (the person to whom due)
dollars, out of any money in the treasury appropriated for county expendi-
tures,(or express the particular fund, as the case may require.) Given at , this
day of , 183 .
By order of the county court, D. R. D., President. Test, J. B. C, Clerk.
§ 3. Every such wai-rant shall be signed by the president of the court, attested
by the clerk, numbered progressively throughout each year, and when presented
at the treasury by the holder thereof, shall be paid by the treasurer; if there be no
money in the treasury applicable thereto, the treasurer shall so certify on the back
of the warrant, date and subscribe the same.
§ 4. The court shall allow to the clerk and treasui'er of the county, for their
respective services, under this act, such compensation as they may deem just and
reasonable.
ARTICLE IV.
Miscella neous provisions.
§ 1. It shall be the duty of all clerks of courts of record, to keep just accounts
of all fines,penalties, forfeitures, judgments and fees, rendered, imposed or accru-
COURTS. 153
ing hi f^vor of any county, ready at all times for the inspection of the judges of
their respective courts; to render to them, at each term thereof, verified by oath
or affirmation, an account of all money which he hath or ought to have received to
the use of any county, not before accounted for.
} 2. It shall be the duty of the judges aforesaid, to audit and adjust the same^
according to the records, dockets and papers of their respective courts; to make
two separate bills of the several sums wherewith their clerks shall be chargeable*
specifying on what account the same is payable, and certify a copy thereof to the
clerk of the county court, who shall file and charge the same accordingly; the
other shall be certified and delivered to the treasurer.
§ 3. It shall be the duty of all courts of record, at each term thereof, to settle
with the sheriff" of every county within their jurisdiction, for all monies by him
received, or which he ought to have collected for the use of any county, and has
not before accounted for; they shall cause their clerk to make out two separate
lists of all sums chargeable to any sheriff', and payable to any county, specifying
on what account, and causing the same to be certified under the seal of the court.
§ 4. One copy so certified shall be immediately transmitted to the clerk of the
county court of the county to which such monies are payable, who shall imme-
diately charge the same accordingly.
§ 5. It shall be the duty of each justice of the peace, at each term of the county
court, to make out duplicate lists of all fines by him imposed to the use of his county,
stating therein the name of the officer who hath or ought to have collected the
same, one of which lists he shall certify and deliver to the clerk of the county
court, who shall charge the same accordingly; the other list shall be delivered to
the treasurer.
^ 6. No sheriff; clerk or collector, or the deputy of either, shall be eligible to the
office of treasurer.
§ 7. All county warrants shall be received in payment of taxes, fines, penalties
and forfeitures accruing to the county.
Approved.) February 14^^, 1835.
S«c. 1.
COURTS.
JUDICAL POWER.
An act to establish courts of record and prescribe their poicers and duties^
,. Supreme, circuit, and county courts established.
2. aualification of judge and justice of the courts.
3 Oath of office to he taken.
4. Certificate of such oath to be indorsed upon the commission.
5, Statement of judge under oath, of his age, to be filed.
6 Such statement conclusive evidence of the fact.
7.* Supreme court shaU direct the form of writs and process, &c.
8 Power and jurisdiction of circuit courts.
9. The county court .hall be composed of three judges, to be styled, &c.
21
154
COURTS.
10. Jufltlces of the county court, how elected.
11. Their term of Bervice.
12. Elections, bow certified; in case of a tie, how decided.
13. Vacancies, how to be filied.
14. Clerics to certify names of persona elected to the governor, who shall commission thcnr.
15. Jurisdiction and power of county courts.
16. Majority of justices constitute a quorum, but a less number may adjourn.
17. President to be chosen.
18. Each court hereby established shall procure a seal, &;c.
. 19. Where sealing is required, what shall be considered a sufficient sealing.
20. Where no official seal provided, private seal may be used.
21. Courts established by this act, to be courts of record; record of proceedings to be kept.
22. Records of proceeding at law and equity, to be kept separate.
23. Full entries of the records and proceedings, &c., when to be made up and read.
24. Duties to be performed by the clerks of each court; after the adjournment thereof, papers to be a.tached.
25. What memorandum to be made on the margin of the papers so attached.
26. Papers attached, ^-c, to be preserved, as the roll of the judgments, &c.
27. Bill of exceptions to be written out, and attached to the roll.
28. Execution issued and returned, to be attached also to the roll.
29. When bills of exceptions may be omitted in making out transcripts.
30. Courts shall, by rule, direct the filing of papers, pleadings, &c.
31. Courts to keep records in the English language.
32. The sitting of courts shall be public.
33. Power of courts in issuing writs necessary to the exercise of their jurisdiction.
34" When the court may appoint a person to discharge the duties of sheriU"; his fees, &.c.
35. Courts may appoint interpreters and translators.
36. To be sworn; their compensation.
37. Courts may compel return of writs and payment of money by attachment.
38. Judge of the supreme court, interested, or related to either party, not to sit.
39. J.udge of the circuit court, or justice of the county court, interested, ^-c, not to sit.
40. Judge interested, <5'c., venue may be changed .
41. Majority of the county court interested, S^c, papers to be certified to the circuit court.
42. JMdges not appearing'first day, court to stand adjourned until third day.
43 Judges not appearing by that time, SfC, court to stand adjourned till next term.
44. Failing to »u after commencement of term, to stand adjourned, &;c.; or cannot attend a regular term, haw to
proceed; agecial adjourned term may be held.
45. If the judges hold sucu term, there shall be no discontinuance.
46. If the court do not sit at thw time, to stand adjourned to the regular term.
47. Adjourned terms, may be held in co,.tinuation of the regular term.
48. Special terms of the circuit court may he'^i^x^ for the trial of persons charged with crime-.
49. Notice thereof to be served on attorney general, e,,.,^ and the persons to be tried.
50. Who may serve such notice.
61, Adjourned, or special terms, not to interfere with regular terms,.
i2. N'J process, (^-c, discontinued or abated, by adjournment of court, o^ lapse of terra.
53. Justices of the county court to be conservators of the peace throughout tVi«ir counties,
54. No judge shall practice as counsellor, or attorney, &c,
55. No judge or justice shall have a partner in the practice, ^-c, nor be interested in the costs, &(s. '
56. Courts not to sit or transact business on Sunday, except, ^c.
57.. For what acts, courts may punish as for a criminal contempt.
58. Manner and extent of punishment for contempts.
59. When summary punishment for contempt to be inflicted; when time allowed to make defence;.
60. Circumstances of offence to be set forth in order of commitment for contsmpt
61. Construction of the preceding section, for contempt.
62. Liable to be indicted for contempt, &.c.
63. Sheriffs to attend court, to furnish stationary, fuel, &,c.
64. Courts to audit and adjust accounts of sheriffs made under tliis act.
65. Such accounts accruing in the supreme court, to be paid out of state treasury.
66. The auditor to draw his warrant accordingly.
67. Aecounts accruing in the circuit and conty courts, paid out of theeoanty titaiory.
COURTS. m
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. There shall be a supreme court, circuit courts and county courts, to be held
at such times and places as shall be prescribed by law.
{ 2. Every judge and justice shall, previous to his appointment, have resided one
year in this state, and be commissioned by the governor.
§ 3. Each judge or justice shall, within thirty days after the receipt of his com-
mission, and before entering upon the duties of his office, take an oath to support
the constitution of the United States, and of this state, and faithfully demean
himself in office.
{ 4. A certificate of taking such oath shall be endorsed upon his commission.
5 5. Within sixty days after the receipt of his commission, each judge shall file
in the office of the secretary of state, a true statement, under oath, of his age.
§ 6. Such statement shall be received as conclusive evidence of the facts therein
stated, in all courts and places where the same may be brought into question.
5 7. The supreme court, in addition to the powers conferred by the constitution,
shall have power to direct the form of writs and process, not being contrary to, or
inconsistent with, the laws in force for the time being.
§ 8. The circuit courts, in the respective counties in which they may be held,
shall have power and jurisdiction as follows :
First, As courts of law, in all criminal cases which shall not be otherwise
provided for by law.
Second, Exclusive original jurisdiction in all civil cases, which shall not be
cognizable before county courts and justices of the peace.
Third, Concurrent original jurisdiction with justices of the peace, in actions
of tort, and in all cases which, by law, are not exclusively cognizable
before justices the peace, where the matter in controversy shall be
of the value of fifty dollars, or the titles or boundaries to lands are
drawn in question, or lands or slaves are subject of controversy.
Fourth, Appellate jurisdiction from the judgments and orders of county courts
and justices of the peace, in all cases not expressly prohibited by
law, and shall possess a superintending control over them.
Fifth, Exclusive original jurisdiction in each county in which they may be
held as courts of equity, in all cases where adequate relief cannot be
had by the ordinary course of proceedings at law.
Sixth, A general control over executors, administrators, guardians, minors,
idiots, lunatics, and persons of unsound mind, and shall proceed
therein according to the rules, usages and practice of courts of
equity.
5 9. The county courts shall be composed of three judges, to be styled, "the
justices of the county court." '
5 10. The justices of the county courts shall be elected by the qualified electors
in the several counties in this state.
156 COURTS.
§ 11. They shall hold their offices for the term of four years, and until their
successors are duly elected and qualified.
§ 12. The election shall be certified by the judges and clerks of the elections, to
the clerks of the county courts of the counties wherein such election shall be held;
and in case of a tie between two or more persons, the same shall be determined by
the sheriff of the proper county.
{ 13. When a vacancy shall happen in the office of justice of the county court,
the remaining justice or justices shall nominate some person or persons, house-
holders in the county, to the governor, to fill such vacancy, who shall hold their
office until the next general election: provided, that when the remaining judges of
the county court shall disagree in the nomination of a fit person to fill the said
vacancy, the said judges shall each recommend one fit person to the governor for
such vacancy, one of whom the governor shall commission to fill said vacancy.
§ 14. The clerks of the county court shall certify to the governor the names of
the persons elected or nominated under this act, who shall thereupon commision
all such persons, as justices of the county court for the term for which he or they
may have been elected or nominated.
k 15. The county courts, in their counties, shall have and possess the following
powers :
Firstf 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.
$eeondi The appointing or displacing guardians of orphans, minors, and per-.
sons of unsound mind, and the binding out apprentices.
Thirdj In the settlement and allowance of accounts of executors, administra-
tors and guardians.
Fourth^ To hear and determine all disputes and controversies respecting wills,
the right of executorship, administration, or guardinship, or respect-
ing the duties or accounts of executors, administrators or guardians.
Fifthf To hear and determine all disputes and controversies between masters
and their apprentices.
Sixthy To hear and determine all suits and other proceedings instituted against
executors and administrators, upon any demand against the estate of
their testator or intestate, where such demand shall not exceed one
hundred dollars.
Seventh, Concurrent jurisdiction with the circuit court, in all such cases where
the demand shall exceed that sum, subject to an appeal in all cases to,
the circuit court, in such manner as may be provided by law.
Eightf To awai'd process, and cause to come before them, all and every person
or persons whom they may deem it necessary to examine, whether
parties or witnesses, or who, as executors, administrators or guar-
dians, or otherwise, shall be interested, or in anywise accountable,
for any lands, tenements, goods or chattels belonging to any minor,
prphan, or person of unsound mind, or the estate of any deceased
I
COURTS. 157
persoft; and may examine every person, on oath or affirmation,
touching any matter of controversy before them.
Ninth, To have the control and management of the property, real andpersonal,
belonging to the county.
Tenth, To have full power and authority to purchase, or receive by dona-
tion, any property, real and personal, for the use and benefit of their
county.
Eleventh, To sell and cause to be conveyed, any real estate, goods or chattels
belonging to their county, appropriating the proceeds of such sale to
the use of the same.
Twelfth, To audit and settle all demands against their county.
H6. A majority of the justices of the county shall constitute a quorum to do
business; but a smaller number may adjourn, from day to day, and require the
attendance of absent members.
§ 17. The justices of the county court, or a majority of them, shall choose one of
their number to be president of the court, and in case of his absence may appoint
a president pro tempore.
§ 18. Each of the courts hereby established, shall procure and keep a seal, with
such emblems and devices as the court shall think proper.
§ 19. The impression of the seal of any court, by stamp, shall be a sufficient
sealing in all cases where sealing is required.
§ 20. When no official seal is provided, the clerk may use his private seal for the
authentication of any record, process or proceeding, required by law to be authen-
ticated by the seal of his court; and the attestation of the clerk, stating that he has
no seal of office, and that he has affixed his private seal, shall be received as sufficient
authentication, without requiring any proof of such private seal, or that it was
affixed by the clerk.
{ 21. All courts established by this act, shall be courts of record, and shall keep
just and faithful records of their proceedings.
{ 22. The records of proceedings at law, shall be kept separate and distinct
from the records of proceedings in equity.
§ 23. Full entries of the orders and proceedings of all courts of record, of each
day, shall be read in open court on the morning of the succeeding day, except on
the last day of the term, when the minutes shall be read and signed by the judge
at the rise of the court.
§ 24. The clerks of the several courts of record shall, within thirty days after
the expiration of each term of their respective courts, attach together the plead-
ings and other papers forming the record in every cause in which a final judgment
or decree shall have been rendered at such term.
} 25. The clerks shall make, on the margin of each pleading and paper so
attached, a memorandum of all orders and entries in relation thereto, with a
reference to the book and page in which such order shall have been entered; and,
at the end of the documents, attach a memorandum of the judgment or decre«,
158 COURTS.
stating the substance thereof, with a reference to the book and page in which the
entry thei'eof is made.
} 26. The papers so attached, w^th the memorandas required by the preceding
section, shall be carefully preserved as the roll of the judgment or decrees.
} 27. When any bill of exceptions shall have been allowed and signed, the clerk
of the court shall, within the same period, cause the same to be written out at full
leno"th, unless previously done, and attach such bill of exceptions to the roll as part
thereof.
§ 28. When an execution shall be issued and returned, the same shall, in like
manner, be attached to the roll in the cause to which it appertains and form part
thereof.
§ 29. In making out transcripts of records (except on writs of error and appeal,)
the bills of exception shall not be inserted, unless specially requested by the
applicant thereof.
§ 30. The courts respectively shall, by rule, direct the filing, pleading and other
papers, in such form as to admit their being conveniently attached together, as re-
quired by the preceding provisions, and to direct their clerks in making up rolls of
the judgments and decrees rendered.
§ 31. All writs, process, proceedings and records in any court, shall be in the
English language (except that the proper and known names of process and technical
words may be expressed in the language heretofore and now commonly used,) and
shall be made out on paper, or parchment, in a fair, legible character, in words at
length, and not abbreviated; but such abbreviations as are now commonly used in
the English language may be used, and numbers may be expressed by Arabic figures,
or Roman numerals, in the customary way.
§ 32. The sittings of every court shall be public, and every citizen may freely
attend the same.
§ 33. The courts established by this act, shall have power to issue all writs
which may be necessary in the exercise of their respective jurisdictions, accord-
ing to the principles and usages of law.
§ 34. Where there is no sheriff or coroner, and neither of them qualified to act,
or both interested or prejudiced, the courts may appoint one or more persons to
execute their process, and perform any other duty of the sheriff; who shall be enti-
tled to such fees for his services as are allowed by law to sheriffs in like cases.
§ 35. The courts may, from time to time, appoint interpreters and translators to
interpret the testimony of witnesses, and to translate any writing necessary to be
translated in such court, or any cause therein.
§ 36. Translators, or interpreters, shall be sworn, and shall receive such com-
pensation for their services, in each cause, as the courts shall deem reasonable, to
be allowed, taxed and collected as other costs.
§ 37. Each court may enforce, by attachment, the return of any writ or process
sent out of the same court, and the payment of any monies had and received by
COURTS. . 159
any sheriff, coroner, constable, attorney, collector or solicitor, in his official capacity,
and the delivery of papers intrusted to him officially, and unlawfully withheld.
{ 38. No judge of the supreme court, who is interested in any suit, or related
to either party, or who shall have been of counsel in any suit or action, which now
is, or may be brought, shall sit on the determination thereof.
§ 39. No judge of the circuit court, nor justice of the county court, shall sit on
the determination of any cause or proceeding in which he is interested, or
related to either party, or shall have been of counsel.
§ 40. Such cause or proceeding, if pending in the circuit court, shall be removed
to some county where such objections do not exist, according to law.
J 41. If a majority of the justices of the county court shall be interested in any
cause or proceeding pending before them, or related to either party, the same shall
be certified, with the original papers, to the circuit court of the county, who shall
proceed thereon to final judgment and determination, the same as the county court
might have done.
§ 42. If any court shall not be held on the first day of the term, such court shall
stand adjourned from day to day, until the evening of the third day.
§ 43. If at that time a sufficient number of judges shall not have appeared and
opened court, the same shall stand adjourned until the next regular term.
§ 44. If at any time after the commencement of a term, it happen that the court
shall not be heldaccurding tu its adjournment, it shall stand adjoui'ned from day to
day, until the evening of the third day; or if the judge of any circuit court cannot
attend any regular term, he may notify the sheriff of the county, where such court
shouldhave beenheld, previous to the first day of such term, and it shall be the duty
of such sheriff, by proclamation, at the courthouse door, to adjourn such court to
the next regular term, or to such special or adjourned term as the judge shall direct.
§ 45. If the judges appear and hold court within that time, there shall be no
discontinuance or lapse of the term, and the court may proceed as if it had been
held according to its adjournment.
§ 46. If the court do not sit within that time, it shall stand adjourned until the
next regular term.
{ 47. Special adjourned sessions of any court may be held in continuation of the
regular term, upon its being so ordered by the court, or judge in term time, and
entered by the clerk on the records of the court.
§ 48. The judge of any circuit court may, at any time, hold a specialterm for
the trial of persons charged with crime and confined in jail, by making out a written
order to that effect, and trpnsmitting it to the clerk, who shall enter the same
upon the records of the court.
5 49. Where a special term shall be ordered under the preceding section, the
judge ordering the same shall cause a notice thereof to be served on the attorney
general, or circuit attorney, and the persons about to be tried, ten days before the
commencement of such term.
§ 50. The sheriff of the proper county, or any other person to be appointed by
the judge, may serve such notice.
1(30 COURTS.
§ 51. No such adjourned session, or special term, shall interfere with any other
court to be held by the same judge.
§ 52. No writ, process, plea or proceeding whatsoever, civil or criminal, shaU
be deemed discontinued or abated, by reason of the failure of any term or session
of any court, nor by reason of any adjournment, in the cases mentioned in this
act, or otherwise, before the business pending in such court is disposed of-, but
the same shall be continued and proceeded upon as if no such failure or adjourn-
ment had happened.
§ 53. Each of the justices of the county court shall be conservators of the peace
throughout their counties.
§ 54. No judge shall practice, or act as counsellor, solicitor, or attorney, in any
court within this state.
§ 55. No judge or justice of the county court shall have any partner practising
in the court of which he is judge; nor shall any judge be directly or indirectly inter-
ested in the cost of any suit that shall be brought in the court of which he is judge,
except those suits in which he shall be a party, or interested, as above provided.
} 56. No court shall be opened, or transact business on Sunday, unless it be for
the purpose of receiving a verdict or discharging a jury; and every adjournment
of a court on Saturday, shall always be to some other day than Sunday, except
such adjournment as may be made, after a cause has been committed to a jury;
but this section shall not prevent the exercise of the jurisdiction of any magistrate,
when it shall be necessary in criminal cases, to preserve the peace or arrest the
offender;
§ 57. Every court of record shall have power to punish, as for a criminal con-
tempt, persons guilty of either of the following acts, and no others:
First, Disorderly, contemptuous or insolent behavior, committed during its
sitting, in immediate view and presence, and directly tending to
interrupt its proceedings, or to impair the respect due to its authority.
Second, Any breach of the peace, noise or other disturbance, directly tending
to interrupt its proceedings.
Third, Wilful disobedience of any process or order, lawfully issued or made
by it.
Fourth, Resistance wilfully offered by any person to the lawful order or
process of the court.
Fifth, The contumacious and unlawful refusal of any person to be sworn as
a witness, and, when so sworn, the like refusal to answer any legal
and proper interrogatory.
{ 58. Punishments for contempts may be by fine or imprisonment in the jail of
the county where the court may be sitting, or both, in the discretion of the court;
but the fine in no case [to] exceed the sum of fifty dollars, nor the imprisonment ten
days; and where any person shall be committed to prison for the non-payment of
any such fine, he shall be discharged at the expiration of thirty days. |'
§ 59. Contempts committed in the immediate view and presence of the courtJ
mny be punished summarily; in other cases the party charged shall be notified of^
the accusation, and have a reasonable time to make his defence.
COURTS. 161
§ 60. Whenever any person shall be committed for any contempt specHied in
this act, the particular circumstances of his offence shall be set forth in the order
or warrant of commitment.
§ 61. Nothing contained in the preceding sections shall be construed to extend
to any proceeding against parties or officers, as for contempt, for the purpose of
enforcing any civil right or remedy.
§ 62. Persons punished for contempt under the preceding provisions, shall,
notwithstanding, be liable to indictment for such contempt, if the same be an
indictable offence; but the court before which a conviction shall be had on such
indictment, shall, in forming its sentence, take into consideration the punishment
before inflicted.
§ 63. The several sheriffs shall attend each court held in their counties; they are
authorized and required to furnish all blank books, stationary, fuel, and other things
which may be necessary for the use of the courts held in their counties, whenever
ordered by the court.
5 64. The courts shall audit and adjust the accounts of the sheriff for all expen-
ditures made pursuant to this act, and certify the balance accordingly.
§ 65. All such expenditures accruing in the supreme court, shall be paid out of
the state treasury.
{ 66. The auditor shall draw his warrants accordingly, for which the certificate
of the courts shall be a sufficient voucher.
§ 67. All expenditures accruing in the circuit courts, and county counts, shall be
paid out of the treasury of the county in which the court is held, in the same
manner as other demands.
Approved, March 1th, 1835.
COURTS.
DISTRICTS— CIRC UITS— TERMS.
An act to establish judicial districts and circuits, and prescribe the times and places of
holding courts.
Skc. 1. State divided into districts and circuits.
2. Judge for 7th circuit to be appointed.
3. What counties shall compose the first judicial district.
4. What counties compose the second.
5. What counties compose the third.
6. What counties compose the fourth.
7. When, and where the supreme court shall be held.
8. What counties compose the first judicial circuit.
9. What counties compose the second.
10. What counties compose the third.
11. What counties compose the fourth.
12. What counties compose the fifth.
13. What counties compose the sixth.
14. What counties compose the serenth.
22
J 63 COURTS.
Skc. 15. Three terms of the circuit court to be held in each year.
16. Time of holding courts in the first judicial circuit.
17. Time of holding courts in the second.
18. Time of holding courts in the third.
19. Three additional terms for the county of St. Louis for criminal cases ; when to be held.
20. Time of holding courts in the fourth judicial circuit.
21. Time of holding courts in the fifth.
22. Time of holding courts in the sixth.
23. Time of holding courts in the seventh.
24. Four terms of the county court to be held annually; time of holding.
25. County courts may alter the time of holding their stated terms ; notice to be given.
26. Adjourned terms may be held.
27. President, or any two justices of the court, may order special terms.
28. To whom, and how notice of special term to be given.
29. Writs and process to what courts returnable, ^e.
30. Sales of property to be made at the first court under this act, when, and under what circumstancca
31. Sales of property advertised under the former law, when to be made at the first court under this act.
32. When this act to take effect.
Be it enacted by the genej-al assembly of the state of Missouri, as follows:
{ 1. That this state is divided into four judicial districts and seven judicial circuits,
§ 2. There shall be appointed, during the present session of the general assembly,
one judge for the seventh judicial circuit.
§ 3. The first judicial district shall be composed of the counties of Clay, Clinton,
Ray, Carroll, Chariton, Saline, Lafayette, Johnson, Jackson, Morgan, Cooper,
Howard, Rt^ndolph, Monroe, Callaway, Cole, Boone, Rives, Pettis, Benton,
Polk, Greene, Barry, and Van Buren.
{ 4. The second judicial district shall be composed of the counties of Montgomery,
Warren, Lincoln, Pike, Ralls, Marion, Lewis, and Shelby.
{ 5. The third judicial district shall be composed of the counties of St. Charles,
St. Louis, Jefferson, Washington, Franklin, Gasconade, Crawford, and Pulaski.
} 6. The fourth judicial district shall be composed of the counties of New Madrid,
Scott, Cape Girardeau, Perry, Ste. Genevieve, St. Francois, Ripley, Stoddart,
Wayne, and Madison.
§ 7. The supreme court shall be held at the times and places following: For the
firsi judicial district, at the tov/n of Fayette, in the county of Howard, on the first
Monda}'?! after the fourth Mondays of April and August in each year. For the
second judicial district, in the town of Bowling-green, in the county of Pike, on
the third Mondays of April and August in each year. For the third judicial district,
in the city of St. Louis, in the county of St. Louis, on the third Mondays of June
and October in each year. For the fourth judicial district, in the town of Jackson,
in tlie county of Cape Girardeau, on the fourth Mondays of May and September
in each year.
§ 8. The first judicial circuit shall consist of the counties of Howard, Boone,
Callaway, Randolph, Monroe, Cole, Saline, and Cooper.
§ 9. The second judicial circuit shall consist of the counties of Montgomery,
Warren, Lincoln, Pike, Ralls, Marion, Lewis, and Shelby.
COURTS. 163
§ 10. 'i'he third judicial circuit shall consist of the counties of St. Charles, and
St. Louis.
§ 11. The fourth judicial circuit shall consist of the counties of New Madrid,
Scott, Cape Girardeau, Perry, Madison, Ripley, Wayne, and vStoddard.
§ 12. The fifth judicial circuit shall be composed of the counties of Clay, Clinton,
Ray, Carroll, Chariton, Lafayette, Johnson, Jackson, and Van Buren.
5 13. The sixth ju^'i'cial circuit shall be composed of the counties of Rives, Pettis,
Benton, Polk, G-eene, Barry, and Morgan.
§ 14. The seventh judicial circuit shall be composed of the counties of Ste.
Genevie^«2? St. Frangois, Washington, Franklin, Gasconade, Crawford, Pulaski,
and --^efferson.
§ 15. Three terms of the circuit court shall be held in each county, in every year,
at the places appointed for holding courts therein.
§ 16. The circuit courts in the first judicial circuit shall be held as follows: For
the county of Boone, on the first Mondays of February, June and October. For
the county of Callaway, on the second Mondays of February, June and October.
For the county of Cole, on the third Mondays of February, June and October.
For the county of Cooper, on the fourth Mondays of February, June and October.
For the county of Saline, on the first Mondays of March, July and November.
For the county of Howard, on the second Mondays of March, July and November,
For the county of Randolph, on the fourth Mondays of March, July and November.
For the county of Monroe, on the first Mondays after the fourth Mondays of
March, July, and November.
{ 17. The circuit coufts in the second judicial circuit shall he held at the follow-
ing times: For the county of Montgomery, on the fourth Mondays in February,
June and October. For the county of Warren, on the first Thursdays after the
fourth Mondays of February, June and October. For the county of Lincoln, on
the first Mondays of March, July and November. For the county of Pike, on
the second Mondays of March, July and November. For the county of Ralls, on
the third Mondays of March, July and November. For the county of Lewis, on
the fourth Mondays of March, July and November. For the county of Shelby,
on the first Thursdays after the fourth Mondays of March, July and November.
For the county of Marion, on the first Mondays after the fourth Mondays of
March, July and November.
§ 18. The circuit courts in the third judicial circuit shall be held at the follow,
ing times: For the county of St Charles, on the second Mondays in February,
June and October. For the county of St Louis, on the second Mondays of March,
July and November.
§ 19. The county of St Louis is allowed three terms, annually, for the transac-
tion of criminal business, in addition to those allowed in the preceding sec-
tion, to be held on the third Mondays of January, May and September.
§ 20. The circuit courts in the fourth judicial circuit shall be held at the following
times: For the county of Cape Girardeau, on the first Mondays of February, June
and October. For the county of Scott, on the third Mondays of February, June and
](J4 COURTS.
October. For the county of New Madrid, on the fourth Mondays of February,
June and October. For the county of Stoddard, on the third Mondays of March,
July and November. For the county [of] Wayne, on the first Thursdays after the
third Mondays in March, July and November. For the county of Ripley, on the
fourth Mondays of March, July and November. I or the county of Madison, on
the first Mondays after the fourth Mondays of March, Ju\y and November. For
the county of Perry, on the second Mondays of April, August and December.
§ 21. The circuit courts in the fifth judicial circuit shall be heluat the following
times: For the county of Chariton, on the fourth Mondays of Februco-y^ June and
October. For the county of Carroll, on the first Thursdays after the fourth Mon-
days of February, June and October. For the county of Ray, on the first Moa-
days of March, July and November. For the county of Clinton, on the secoi4
Mondays of March, July and November. For the county of Clay, on the third
Mondays of March, July and November. For the county of Jackson, on the
fourth Mondays of March, July and November. For the county of Van Buren,
on the first Mondays of April, August and December. For the county of Johnson,
on the first Thursdays after the first Mondays of April, August and December.
For the county of Lafayette, on the second Mondays of April, August and De-
cember.
§ 22. The circuit courts for the sixth judicial circuit shall be held at the times
following: For the county of Greene, on the fourth Mondays of April, August
and December. For the county of Polk, on the first Mondays of May, Septem-
ber and January. For the county of Benton, on the first Thursdays after the first
Mondays of May, September and January. For the county of Morgan, on the se-
cond Mondays in May, September and January. For the county of Pettis, on the
first Thursdays after the second Mondays of May, September and January. For
the county of Rives, on the third Mondays of May, September and January. For
the county of Barry, on the fourth Mondays of May, September and January.
§ 23. The circuit courts for the seventh judicial circuit shall be held at the times
following: For the county of Jefferson, on the first Mondays of March, July and
November. For the county of Ste. Genevieve, on the second Mondays of March,
July and November. For the county of St. Francois, on the third Mondays of
March, July and November. For the county of Washington, on the fourth Mon-
days of March, July and November. For the county of Franklin, on the first
Mondays of April, August and December. For the county of Gasconade, on the
second Mondays of April, August, and December. For the county of Crawford,
on the first Thursdays after the second Mondays of April, August and December.
For the county of Pulaski, on the third Mondays of April, August and December.
5 24. Four terms^f the county court shall be held in each county, annually, at
the place of holding courts therein, commencing on the first Mondays of February,
May, August and November.
} 25. The county courts may alter the times of holding their stated terms, giving
notice thereof in such manner as to them shall seem expedient.
} 26. Each county court may hold adjourned terms at any time.
CRIMES AND PUNISHMENTS. 165
{ 27. The president, or any two justices of the county court, may order a special
term whenever the business of the court may require it.
§ 28. Notice of such special term shall be given to the justices who were absent
when the same was ordered, and by advertisements stuck up in five public places
in the county, at least five days before the commencement of such term.
§ 29. All writs and process made, or to be made, returnable to the next term of
the several courts, as hei'etofore established, shall be returnable to the first term to
be held under this act.
§ 30. Sales of property which would have been made at the first terms, as hereto-
fore established, shall be made at the first terms to be held under this act.
§31. In cases where the sale of property may havfe been advertised to be made
on any day of the term, as heretofore established, to satisfy any execution return-
able to such term, the sale shall be made on the same day of the term to be held
under this act.
§ 32. This act shall take effect and be in force from and after the first day of
June next; except the second section, which shall take efiect from and after its
passage.
Approved, March nth, 1835.
CRIMES AND PUNISHMENTS.
An act concerning crimes and their punishments.
ART. I. Of offences against the government and the supremacj' of the laws.
ART. ir. Of offences affecting tlie lives and persons of individuals.
ART. III. Of offences against property, public and private.
ART. IV. Of offences affecting records, currency, instruments or securities, public an<^ j^rivate.
ART. V. Of offences affecting the administration or execution of justice.
ART. VI. Of offences by persons in office, or affecting public trusts an' i"i''''= "glits.
ART. VII. Of offencts against the public peace, or affecting th^ -^<^urity of persons and property, and not before
enumerated.
ART. VIII. Of offences against public tt." -*" '""^ decency, or the public police, and other miscellaneous offences.
ART. IX. General provision- concerning crimes and punishments.
ARTICLE I.
Of offences against the government and the supremacy of the laws.
Sec.I. Acts constituting treason against this state; punishment for.
2. Misprison of treason ; punishment for.
3. To attempt or endeavor to give aid, &;c., to the enemies of this state, S(C. ; punishment for.
4. Two or more combining by force to usurp the government of the state ; punishment for.
5. Twelve or more persons combining, &c., to remove people from their habitations, ^-c. ; punishment for.' '
6. Persons convicted of raising a rebellion or insurrection of slaves, &c. ; punishment for.
7. Slaves who rebel or make insurrection, &c. ; punishment for.
8. Free persons who shall aid or assist in such rebellion or insurrection ; how punished.
9. Persons, bond or free, convicted of consulting, &c., or attempting to raise rebellion, i^c. ; punishment for ■
10. A white person sentenced to the penitentiary under this article, disqualified from voting, &e.
166 CRIMES AND PUNISHMENTS.
Be it enacted by the general assembly of the state of Missouri, as follows:
ARTICLE I.
Of offences against the goveimment and the supremaaj of the laws.
§ 1. Every person who shall commit treason against the state, by levying war
against the same, or by adhering to the enemies thereof, by giving them aid and
comfort, shall, tpon conviction, suffer death, or be sentenced to imprisonment in the
penitentiary for a period not less than ten years.
§ 2. Every person who shall have knowledge that any other person has commit-
ted, or is about to commit, treason against this state, and who shall conceal the
same, shall be deemed guilty of misprison of treason, and, on conviction, shall be
punished by imprisonment in the penitentiary for a period not exceeding seven
years, or by imprisonment in the county jail for a period not exceeding six months,
and by fine not less than one thousanddoUars.
^ 3. Any person who, while this state shall be engaged in war, in cases author-
ized by the constitution of the United States, shall attempt or endeavor to join or
give aid or comfort to the enemies of the state, or shall counsel, advise, persuade or
induce any other person to join, or give aid or comfort to them, in this state or
elsewhere, shall, upon conviction, be punished by imprisonment in the penitentiary
for a period not less than two, nor more than ten years.
§ 4. If two or more persons shall combine, by force, to usurp the government
of this state, or overturn the same, or interfere forcibly in the administration of the
government, or any department thereof, evidenced. by forcible attempt made within
the state, to accomplish such purpose, the person so offending shall be punished by
imprisonment in the penitentiary for a period not exceeding five years, or by
fine not cvceeding five thousand dollars, and imprisonment in the county jail for a
period not exceeds ^ six months.
§ 5. If twelve or moi^ oersons shall combine to levy war against any part of the
people of this ^tate, or to remo ,o forcibly out of the state, or from their habitations,
evidenced by taking arms and assembni^g to accomplish such purpose, every person
so offending shall be punished as declared in the pi^^^Qrlincr section.
§ 6. Every person, bond or free, who shall be convictea u: actually raisino- a
rebellion or insurrection of slaves, free negroes or mulattoes, in this bttxtp, shall
suffer death.
§ 7. Every slave who shall, atany time, rebel or make insurrection, or shall enter
into any agreement to rebel or make insurrection, or shall plot or conspire the
death of any person, or to commit arson in furtherance of such conspiracy, and
shall, by any overt act, attempt to accomplish such purpose, shall suffer death, or
be punished by imprisonment in the penitentiary during life.
k 8. Every free person who siuJl aid or assist in any such rebellion or insurrec-
tion, or shall furnish arms, or do any other overt act, in furtherance of such rebel-
lion or insurrection, shall be punished as in the next preceding section is prescribed.
} 9. Every person, bond or free, who shall be convicted of consulting, plotting,
conspiring, or attempting to raise any rebellion or insurrection of negroes or
CRIMES AND PUNISHMENTS. 167
mulattoes, bond or free, or to commit any crime in furtherance thereof, within this
state, although no overt act be done to accomplish such purpose, shall be punished
by imprisonment in the penitentiary for a period not less than ten years.
§ 10 Every white person who shall be convicted of any of the offences punish-
able by the provisions of this article, and sentenced to imprisonment in the peni-
tentiary, shall, thereafter, be incompetent to be a juror in any cause, and shall be
forever disqualified from voting at any election, or holding any office of honor, profit
or trust, within this state.
ARTICLE II.
Of offences affecting the lives and persons of individuals.
Skc. 1. Acts constituting murder in the first degree.
2. What acts deemed murder in the second degree.
3. Punishment for murder in the first and second degree.
4. In what cases homicide deemed justifiable.
5. In what cases homicide deemed excusable, when committed by accident or misfortune.
6. In what cases the jury to render a general verdict of not guilty, on indictment for murder, &c.
7. 8, & 9. Acts constituting manslaughter in the first degree.
10, 11, & 12. Acts constituting manslaughter in the second degree.
13, 14, 15, 16, 17 & 18. Cases of manslaughter in the third degree.
19, & 20. Cases of manslaughter in the fourth degree.
21. Punishment of manslaughter in first, second and third degrees.
22. Punishment of manslaughter in fourth degree.
23. Punishment of rape.
24. Carnally knowing a woman without her consent, &c.
25. Compelling a woman to marry, &c.
26. Taking a woman with the intent to compel her to marry, &c.
27. Taking females under eighteen from their parents, &c., for certain purposes.
28- Punishment of rape, Sfc, committed by a slave or mulatto.
29. Punishment, &c., for aiding in commission of offencss specified in last section.
30- Cases of mayhem ; punishment for.
31. Punishment for assaults with deadly weapons.
32. Causing poison to be taken with intent to kill ; punishment for.
33. Punishment for poisoning food, &c., or spring, &;c., of water.
34. Assaults to commit felonies, how punished.
35. Persons by whose act, procurement or negligenee, mayhem is committed ; how punished
36. Medicine administered, or instruments used, &c., to produce abortion, ^-c. ; how punished.
37. & 38. Punishment for inveigling and kidnapping.
39. Place of trial for offencess specified in the two last sections.
40. Decoying child under twelve years, with intent to conceal, tc.
41. Exposing child under six years, with intent to abandon it, &c.
42. For what offences, under this article, disqualified from voting, holding office of honor, &c.
5 1. Every murder which shall be committed by means of poisons, or by laying
in wait, or by any other kind of wilful, deliberate and premeditated killing, or
which shall be committed in the perpetration or attempt to perpetuate any arson,
rape, robbery, burglary, or other felony, shall be deemed murder in the first degree.
§ 2. All other kinds of murder at common law, not herein declared to be man-
slaughter, or justifiable or excusable homicide, shall be deemed murder in the second
degree.
168 CRIMES AND PUNISHMENTS.
5 3. Persons convicted of murder in the first degree, shall suffer death; those
convicted of murder in the second degree, shall be punished by imprisonment in
the penitentiary not less than ten years.
§ 4. Homicide shall be deemed justifiable, when committed by any person in
either of the following cases :
First, In resisting any attempt to murder such person, or to commit any
felony upon him or her. or in any dwelling-house in which such
person shall be ; or.
Second, When committed in the lawful defence of such person, or of his or
her husband or wife, parent, child, master, mistress, apprentice or
servant, when there shall be reasonable cause to apprehend a design
to commit a felony, or to do some great personal injury, and there
shall be imminent danger of such design being accomplished; or
Third, When necessarily committed in attempting, by lawful ways and means,
to apprehend any person for any felony committed, or in lawfully
suppressing any riot or insurrection, or in lawfully keeping or
preserving the peace.
§ 5. Homicide shall be deemed excusable when committed by accident or misfor-
tune, in either of the following cases:
First, In lawfully correcting a child, apprentice, servant or slave, or in doing
any other lawful act by lawful means, with usual and ordinary
caution, and without unlawful intent; or.
Second, In the heat of passion, upon any sudden and sufficient provocation, or
upon sudden combat without any undue advantage being taken, and
without any dangerous weapon being used, and not done in a cruel
and unusual manner.
§ 6. Whenever it shall appear to any jury upon the trial of any person indicted
for murder or manslaughter, that the alleged homicide was committed under circum-
stances, or in a case whereby any statute or the common law, such homicide was
justifiable or excusable, the jury shall render a general verdict of not guilty.
§ 7. The killing of a human being, without a design to effect death by the act^
procurement, or culpable negligence of another, while such other is engaged in the
perpetration or attempt to perpetuate any crime or misdemeanor, not amounting to
a felony, in cases when such killing would be murder at the common law, shall be
deemed manslaughter in the first degree.
§ 8. Every person deliberately assisting another in the commission of self-
murder, shall be deemed guilty of man-slaughter in the first degree.
§ 9. The wilful killing of any unborn quick child, by any injury to the mother
of such child, which would be murder if it resulted in the death of such mother,
shall be deemed man-slaughter in the first degree.
§ 10. Every person who shall administer to any woman pregnant with a quick
child, any medicine, drug, or substance whatsoever, or shall use or employ any
instrument or other means, with intent thereby to destroy such child, unless the
same shall have been necessary to preserve the life of such mother, or shall have
CRIMES AND PUNISHMENTS. 169
been advised by a physician to be necessary for that purpose, shall be 4eemed
guilty of manslaughter in the second degree.
§ 11, The killing of a human being, without a design to effect death, in a heat of
passion, but in a cruel and unusual manner, unless it be committed under such
circumstances as to constitute excusable or justifiable homicide, shall be deemed
manslaughter in the second degree.
^ 12. Every person who shall unnecessarily kill another, either while resIstiHg
an attempt by such other person to commit any felony, or do any other unlawful
act, after such attempt shall have failed, shall be deemed guilty of manslaughter
in the second degree.
§ 13. The killing of another in the heat of passion, without a design to effect
death, by a dangerous weapon, in any case except such wherein the killing of
another is justifiable or excusable, shall be deemed manslaughter in the third den-ree.
§ 14. The involuntary killing of a human being by the act, procurement or culpa-
ble negligence of another, while such other person is engaged in the commission
of a trespass or other injury to private rights or property, or engaged in any attempt
to commit such injury, shall be deemed manslaughter in the third degree.
§ 15. If the owner of a mischievous animal, knowing its propensities, unlawfully
suffer it to go at large, or shall keep it without ordinary care, and such animal,'
while so at large or not confined, kill any human being, who shall have taken the
precautions which the circumstances may permit, to avoid such animal, such
owner shall be deemed guilty of manslaughter in the third degree.
§ 16. Any person navigating any boat or vessel for gain, who shall wilfully
Or negligently receive so many passengers, or such quantity of other lading,
that, by means thereof, such boat or vessel shall sink or overset, and thereby any
human being shall be drowned or otherwise killed, such person shall be deemed
guilty of manslaughter in the third degree.
§ 17. If any captain or other person, having charge of any steam boat, used for
the conveyance of passengers, or if the engineer or other person having charge of
the boiler of such boat, or of any apparatus for the generation of steam, shall, from
ignorance or gross neglect, or for the purpose of excelling any other boat in speed,
Create, or allow to be created, such an undue quantity of steam, as to break or burst
the boiler or other apparatus in which it shall be generated, or any apparatus op
machinery connected therewith, by which bursting or breaking, any person shall
be killed, every such captain, engineer, or other person, shall be deemed guilty of
manslaughter in the third degree.
§ 18. If any physician, while in a state of intoxication, shall, without a design
to effect death, administer any poison, drug, or medicine, or do any Other act to
another person which shall produce the death of such other, he shall be deemed
gr.ilty of manslaughter in the third degree.
§ 19. The involuntary killing of another by a weapon, or by means neither cruel
or unusual, in the heat of passion, in any cases other than justifiable homicide,
shall be deemed manslaughter in the fourth degree.
§ 20. Every Other killing of a human being by the act, procurement or culpable
23
170 CRIMES AND PUNISHMENTa
negligence of another, which would be manshaughter at the common law, and
which is not excusable or justifiable, or is not declared in this article to be man-
slaughter in some other degree, shall be deemed manslaughter in the fourth degree.
§ 21. Persons convicted of manslaughter in the first, second and third degrees,
shall be punished by imprisonment in the penitentiary as follows:
First} If in the first degree, for a term not less than five years.
Second^ If in the second degree, for a term not less than three years, nor more
than five years.
Third, If in the third degree, for a term not more than three years.
§ 22. Every person convicted of manslaughter in the fourth degree, shall be
punished by imprisonment in the penitentiary for two years, or by imprisonment
in a county jail, not exceeding one year, or by fine not exceeding one thousand
dollars, or by both such fine and impri^^onment.
{ 23 Every person who shall be convicted of rape, either by carnally and
unlawfully knowing any female child, under the age of ten years, or by forcibly
ravishing any woman of the age of ten years or upwards," shall be punished by
imprisonment in the penitentiary not less than five years.
5 24. Every person who shall have carnal knowledge of any woman above the
age of ten years, without her consent, by administering to her any substance or
liquid, which shall produce such stupor or such imbecility of mind,- or weakness of
body, as to prevent effectual resistance, shall, upon conviction, be adjudged guilty
of a rape, and be punished by imprisonment in the penitentiary for a term not less
than five years.
g 25. Every person wbo shall take any woman unlawfully against her will, and
by force, menace or duress, compel her to marry him, or to marry any other person,
or to be defiled, shall, on conviction, be punished by imprisonment in the peniten-
tiary not less than three years, nor exceeding ten years.
i 26. Every person who shall take any woman unlawfully against her will, with
intent to compel her by force, menace or duress, to marry him, or to marry any
other person, or to be defiled, upon conviction thereof, shall be punished by impris-
onment in the penitentiary not exceedmg five years.
{ 27. Every person who shall take away any female, under the age of eighteen
years, from her father, mother, guardian, or other person having the legal charge of
her person, without their consent, either for the purpose of prostitution or concu-
binage, shall, upon conviction thereof, be punished by imprisonment in the peniten-
tiary not exceeding five years.
§ 28. If any negro or mulatto shall either,
First, Commit, or attempt to commit, a rape on a white female, as herein-before
declared, or,
Second, By force, menace or duress, compel or attempt to compel any white
female to marry him or any negro or mulatto, or to be defiled by him
or another negro or mulatto, or.
Third, Marry or defile, or attempt to defile, any white female who shall have
CRIMES AND PUNISHMENTS. . 171
been compelled thereto by forc^, menace qx Suress, employed or used
by him or any other, or,
Foia-lh, Take away any white female under the age of eighteen years, as
Specified in the last preceding section, for the pm-pose of.prostitution,
concubinage or marriage, with him or any other negro or mulatto, he
shall, on conviction, instead of the punishment declared in the pre-
ceding sections, be sentenced to castration, to be performed vrndec
the direction of the sheriff, by some skilful person, and the expense
shall be adjusted, taxed and paid as other costs.
§ 29, If any person, other than a negro or mulatto, shall aid or assist any negrQ
or mulatto in the commission of any of the offences specified in the last section, ho
shall, on conviction, be punished in the same manner, and to the same extent, vl9
declared in the twenty-third section of this article.
§ 30. Every person who shall, on purpose, and of malice aforethought, cut or
bite off the ear, or cut out or disable the tongue, put out an eye, or slit, cut or bite
oft' the nose or lip, or shall cut off or disable any limb or member of any person,
with intent to kill, maim or disfigure such person, shall, on conviction, be impris-
oned in the penitentiary, for a term not less than five years nor exceeding ten years.
§ 31. Every person who shall, on purpose, and of malice aforethought, shoot at
or stab another, or assault or beat another with a deadly weapon, or by any other
means or force, likely to produce death or great bodily harm, with intent to kill»
maun, ravish, or rob such person, or in the attempt to commit any burglary, or other
felony, or in resisting the execution of any legal process, shall be punished by
imprisonment in the penitentiary not exceeding ten years.
} 32. Every person who shalL^minister to another, directly or indirectly, any
poison, or any poisonous substance or liquid, or shall mingle poison with any food,
drink or medicine, with intent to kill such person, which shall be actually taken by
such person or another, whereof death shall not ensue, shall be punished by iinpris-
onment in the penitentiary not less than five nor more than ten years.
$ 33. Every person who shall mingle any poison with any food, drink or medi»
cine, with intent to kill or injure any human being, or who shall wilfully poison any
spring, well, or reservoir of watei', shall, upon conviction, be punished by impris-
onment in the penitentiary not exceeding five years, or in the county jail not
exceeding one year, or by fine not exceeding five hundred dollars, or by both such
fine and imprisonment.
§ 34. Every person who shall be convicted of an assault, with intent to commit
any robbery, burglary, rape, manslaughter, or any other felony, the punishment
for which assault is not hereinbefore prescribed, shall be punished by imprisonment
in the penitentiary not exceeding five years, or in the county jail not exceeding
One year, or by fine not exceeding five hundred dollars, or by both such fine and
imprisonment.
§ 35. If any person shall be maimed, wounded or disfigured, or receive great
bodily haiTn, or his life be endangered by the act, procurement, or culpable negli-
gence of another, in cases and under circumstances which would constitute
172 CRIMES AND PUNISHMEI^fTS.
murder, or manslaughter, if death had ensued, the person by whose act, procure-
ment or negligence, such injury or danger of life shall be occasioned, shall, in case
not otherwise provided for, be punished by imprisonment in the penitentiary not
exceeding five years, or in a county jail not exceeding six months, or by fine not
Exceeding five hundred dollars, or by both such fine and imprisonment.
§ 36. Every physician, or other person, who shall wilfully administer to any
pregnant woman, any medicine, drug, substance or thing whatsoever, or shall use, or
employ any instrument or means whatsoever, with intent thereby to procure abor,
tion, or the miscarriage of any such woman, unless the same shall have been neces-
sary to preserve the life of such woman, or shall have been advised by a physician
to be necessary for that purpose, shall, upon conviction, be adjudged guilty of a
misdemeanor, and be punished by imprisonment in a county jail not exceeding one
year, or by fine not exceeding five hundred dollars, or by both such fine and impris-
onment*
§ 37. Eveiy person, who shall, without lawful authority, forcibly seize and con-
fine, or shall inveigle, decoy or kidnap any other person with intent either,
Firstf To cause such person to be sent or taken out of the state, ot to he se-
cretly confined within the same, against his will, or,
SacoTidf To cause such person to be sold as a slave, or in any way held to ser-
vice against his will, shall, upon conviction, be pui^ished by impriso.n-
ment in the penitentiary not exceeding ten years»
§ 38. Every person who shall kidnap, or forcibly or fraudulently carry or decoy
out of this state, or shall sell, or in any manner transfer as a slave or servant, any
free person or persons entitled to freedom, so taken, decoyed or kidnapped, know-
ing such person to be free or entitled to freedom, shall, upon conviction, be punished
by imprisonment in the penitentiary not more than ten years.
§ 39. Every ofience prohibited in either of the two last sections, may be tried in
the county in which the crime may have been committed, or in any county
through which the person so seized, inveigled, decoyed, kidnapped or sold, shall
have been taken, carried or brought.
3 40. Every person who shall maliciously, forcibly or fraudulently, lead, take or
carry away, or decoy or entice away, any child under the age of twelve years,
with intent to detainer conceal such child from its parent, guardian, or other per-
son having the lawful charge of such child, shalt, upon conviction, be punished by
imprisonment in the penitentiary not exceeding five years, or in the county jail
not exceeding one year, or by fine not exceeding five hundred dollars, pr by both
such fine and imprisonment.
§ 41* If any father or mother of any child under the age of six years, or any
other person to whom such child have been confided, shall expose such child, in a
street, field or other place, with intent wholly to abandon it, he or she shall, upon
conviction, be punished by imprisonment in the penitentiary not exceeding five
years, or in the county jail not more than one year.
§ 42. Every person who shall bo convicted of murder, or rape, or of man-
slaughter in the first degree, or who shall be sentenced to imprisonment in the peni-
CHIMBS AND PUNISHMENTS. 173
tentiary for any of the offences specified in the twenty-fifth, twenty-sixth, twenty-
seventh, twenty-ninth, thirtieth, thirty-first, thirty-second, thirty-third, thirty-
seventh and thirty-eighth sections of this article, shall be forever disqualified from
voting at any election, or holding any office of honor, profit or trust, within this
state, and shall, moreover, be rendered incompetent to be a juror m. any case.
ARTICLE III.
Of offences against property, public and private.
Sbc. 1. Arson of the first degree declared.
2. What houses, &c., shall be considered dwelling-houses, within the meaning of this or the preceding section.
3, 4j & 5. Arspn in the second degree declared.
6, 7> 8, & 9. Arson in the third degree declared.
10, & 11. Arson in the fourth degree declared.
12. Punishment of arson in the first, second, third and fourth degrees.
13- Burglary in the first degree declared.
14, 15, 16, 17, & 18. Burglary in second degree declared.
19. What buildings shall be deemed a dM^elling-house, within the foregoing provisions.
20. Other ofiences which constjXut.e burglary in the second degree.
21. Burglary in the third degree declared.
22. Breaking out of a dwelling-house, or breaking an inner door, when deemed burglary.
23. Punishment for different degrees of burglary.
24. Burglary and larceny, both committed at the same time; how punished.
25. Definition of robbery in the first degree.
26. Definition of robbery in the second degree.
27. Definition of robbery in the third degree.
28. Punishment for robbery in the first, second and third degrees-
29. Attempt to rob by threatening letters, S^c, punishment for.
30. Grand larceny defined.
31. Punishment for grand larceny.
32. Petty larceny defined ; punishment for.
33. Larceny committed in a dwelling-house, or boat or vessel, &c. ; punishment for.
34 What shall be deemed the value of certain articles stolen.
35. To mark or brand, or alter the mark or brand, or wilfully kill the animal of an.other, with intent, &c.,
deemed larceny ; h,ow punished.
36- Stealing or embezzling will, deed, SfC, efl'ecting real or pergonal property, grand larceny ; how punished.
37. Stealing or embezzleing record, i^-c. ; how punished.
38. OiBcers having the custpdy of rccordSj papers, &c., who fraudently withdraws or destroys the same ; how
punished.
39. Severing from the soil, &.C., larceny in certain cases.
40. <^ 41. Embezzlement by clerks, servants, ^-c. ; how punished.
42. Carriers, &c., embezzleing property ; how punished.
43. Tenant, or lodger, embezzleing or purloining, &;c. ; how punished.
44. Buying or receiving stolen property ; how punished.
45. Conviction of principal not necessary for offences under the last section.
46. Obtaining signature, or property, by false token or false pretence; how punished.
47- Punishment increased for certain false pretences.
48. On trial for offences In the two last sections, may be convicted and punished for larceny.
49. Receiving money, &c., in false character, to be punished as stealing.
50. Parties and privies to fraudulent conveyances; how punished.
51. Persona violating the provisions of the preceding section, to pay double damages.
52. Wilfully or maliciously destroying boat or vessel, with intent to injure the owner; how punished.
63. Administeriflg or exposing poison to cattle &c. ; how punished.
54. Maliciously to kill, maim or wound, the cattle of another; how punished.
174 CRIMES AND PUNISHMENTS.
9x0. 55< Malldous trespnes, and gevcring from the Boil, a misdemeanor.
56. Maliciously to destroy or injure a pile or raft of wood, or set adrift a boat, &c., misdemeanor.
57. Maliciously destroying bridges, mill dams, &c., misdemeanor.
58. Removing, altering, &c., monuments, &c., in boundaries, misdemeanor.
69. Destroying, defacing, &c., mile stones, guide boards, &c., a misdemeanor.
60. OiTenccs prohibited by either of the eight preceding sections; construction as to malice.
61. Misdemeanor under this article, how punished, where not before prescribed.
62- For what offences under this article, rendered Incompetent to be a witness, Juror, pr vote ftt election, Sec.
§ 1. Every person who shall set fire to, or burn, in the night-time, any dwelling-
house, in which there shall be at the time, some human being, or who shall wilfully
set fire to, or burn, in the night-time, any boat or vessel, in which there shall be at
the time, some human being, shall, upon conviction, be adjudged guilty of arson of
[in] the first degree.
{2. Every house, prison, jail, or other edifice, which shall have been usually
occupied by persons lodging therein at night, shall be deemed a dwelling-house of
any person having charge thereof, or so lodging therein ; but no ware-house, barn,
shed, or other out-house, shall be deemed a dwelling-house or part of a dwelling-
house, within the meaning of this or the last section, unless the same be joined to,
or immediately connected with, and part of a dwelling-house.
{ 3. Eveiy person who shall wilfully set fire to, or burn, in the daytime, any
inhabited dwelling-house, boat or vessel, which, if done in the night-time, would
be arson of the first degree, shall, upon conviction, be adjudged guilty of arson
in the second degree.
§ 4. Every person who shall wilfully set fire to, or bum, in the night-time, any
shop, ware-house, office, store-hou^e, or other building, not being the subject of arson
in the first degree, but adjoining to, or within the curtilage of, any inhabited dwell-
ing-house, so that such dwelling-house shall be endangered by such filling, shall,
upon conviction, be adjudged guilty of arson in the second degree.
§ 5. Every person who shall wilfully set fire to, or burn, in the night-time, any
building in which shall be kept or deposited at the time, any public records, or the
papers of any public officer, shall, on conviction, be adjudged guilty of arson in the
second degree.
§ 6. Every person who shall wilfully .set fire to, or burn, in the daytime, any
shop, ware-house, or other building, which, if done in the night-time, would bo
arson in the second degree, shall, on conviction, be adjudged guilty of arson in the
third degree.
5 7. Every person who shall wilfully set fire to, or burn, in the night-time, any
house, building, barn, stable, boat or vessel of another, or any house of public
worship, college, academy, or school-house, or building used as such, or any public
building belonging to the United States or this state, or to any county, city, town
or village, not the subject of arson in the first or second degree, shall, on convic-
tion, be adjudged guilty of arson in the third degree.
§ 8. Every person who shall wilfully set fire to, or burn, in the night-time, any
brewery, distillery, grist-mill, paper-mill, fulling-mill, saw-mill, carding machine, or
other machinery for manufacturing purposes, or any building containing the
CRIMES AND PUNISHMENTS. 175
same, or erected or used as a manufactory, shall, on conviction, be adjudged guilty
of arson of [in] the third degree.
§ 9. Every person -vvho shall burn any building, boat, or vessel, or any goods
wares or merchandize, or other chattels, which shall, at the time, be insured against
loss or damage by fire, with intent to defraud or prejudice the insurer, whether the
same be the property of such person or any other, shall be, upon conviction,
adjudged guilty of arson in the third degree.
§10. Every person who shall, in the daytime, wilfidly set fh*e to, or burn any
dwelling-house or other building, or any machine, or any boat or vessel, which, if
done in the night-time would be arson in the third degree, shall, upon conviction,
be adjudged guilty of arson in the fourth degree.
§ 11. Every person who shall, in the day or night-time, wilfully set fire to or
burn any goods, wares, merchandize, or other chattels of another, not the subject
of arson in the third degree, or any stack of grain of any kind, belonging to
another, or any grain, grass or herbage, growing or standing in the field, or any
nursery or orchard of fruit trees, or any fence belonging to another, or any toll-
bridge or other public bridge, shall, on conviction, be adjudged guilty of arson in
the fourth degree.
§ 12. Every person who shall be convicted of any degree of arson, shall be
punished by imprisonment as follows:
First, In the first degree, in the penitentiary not less than ten years.
Second, In the second degree, in the penitentiary not less than seven years,
nor exceeding ten years.
Third, In the third degree, in the penitentiary not less than five, nor exceed-
ing seven years.
Fourth, In the fourth degree, in the penitentiary not less than twd, nor more
than four years, or by imprisonment in the county jail not exceeding
six months.
§ 13. Every person who shall be convicted of breaking into, and entering in the
night-time, the dwelling-house of another, in which there shall be at the time some
human being, with intent to commit some crime therein, either.
First, By forcibly bursting or breaking the wall, or any outer door, window,
or shutter of a window of such house, or the lock or bolt of Buch
door, or the fastening of such window or shutter, or.
Second, By breaking in in any other manner, being armed with some dange-
rous weapon, or with the assistance and aid of one or more confeder-
ates, then actually present, aiding and assisting, or,
^ Third, By unlocking an outer door by means of false keys, or by picking the
P lock thereof, shall be adjudged guilty of burglary in the first degree.
§ 14. Every person who shall be convicted of breaking into a dwelling-house in
the daytime, under such circumstances as would have constituted the crime of
burglary in the first degree, if committed in the night-time, shall be deemed [guilty
of] burglary in the second degree.
§ 15. Every person who shall be convicted of breaking into a dwelling-house in
176 CRIMES AND PUNISHMENTS.
the night-time, with intent to commit a crime, but under Buch ch'cumstances fts
shall not constitute the oflence of burglary in the first degree, shall be deemed
guilty of burglary in the second degree.
§ 16. Every person who shall enter into the dwelling-house of another, by day
tr night, in such manner as not to constitute any burglary, as hereinbefore specified,
with intent to commit a crime, or being in the dwelling-house of another, shall
commit a crime, and shall, in the night-time, break any outer door, window, or
ehutter of a window, or any other part of said house, to get out of the same, shall
be adjudged guilty of burglary in the second degree.
§ 17. Every person who, having entered the dwellirrg-house of another in the
night-time, through an open outer door, or window, or other aperture not made by
such person, shall break an inner door of the same house, with intent to commit
any crime, shall be adjudged guilty of burglary in the second degree.
§ 18. Every person who being admitted into any dwelling-house with the consent
of the occupant thereof, or who being lawfully in such' house, shall, in the night-
time^ break an inner door with intent to commit a crime, shall be adjudged guilty
of burglary in the second degree.
} 19. No building shall be deemed a dwelling-house, or any part of a dwelling-
house, within the meaning of the foregoing provisions, unless the same be joined
to, immediately connected with, and a part of a dwelling-house.
§ 20. Every person who shall be convicted of breaking [into] and entering in
the night-time,
Firstf Any building within the curtilage' of a dwelling-house, but not forming a
part thereof j or,
Secondf Any shop, store, booth, tent, ware-housej or other building, or any
boat or vessel, in which there shall be at the time some human being,
Or any goods, wares, or merchandize, or other valuable thing kept or
deposited, with intent to steal, or commit any felony therein, shall,
on conviction, be adjudged guilty of burglary in the second degree.
§ 21. Every person who shall be convicted of breaking [into] and entering in:
the daytime, any dwelling-house or other building, or any shop, store, booth, tent,-
boat or vessel, under such circumstances as would have constituted the offence of
burglary in the second degree, if committed in the night-time, shall be deemed
guilty of burglary in the third degree.
§ 22. The breaking out of any dwelling-house, 6r the breaking of the inn«r door
thereof, by any person being therein, shall not be deemed such breaking a dwell-
ing-house as to constitute burglary in any case, other than such as are herein
particularly specified.
§ 23. Every person who shall be convicted of burglary, shall be punished by
imprisonment in the penitentiary, if in the first degree, not less than ten years; if
in the second degree, not less than five, nor more than ten years; if in' the third
degree, not exceeding five years.
§ 24. If any person in committing burglary, shall also commit a larceny, he may
be prosecuted for both ofiences in the same court, or in separate counts of the
I
CRIMES AND PUNISHMENTS. I77
same indictment, and, on conviction of such burglary and larceny, shall be punish-
ed by imprisonment in the penitentiary, in addition to the punishment herein-
before prescribed for the burglary, not exceeding live years.
§ 25. Every person who shall be convicted of feloniously taking the property of
another from his person, or in his presence, and against his will, by violence to his
person, or by putting him in fear of some immediate injury to his person, shall be
adjudged guilty of robbery in the first degree.
§ 26. Every person who shall be convicted of feloniously taking the personal
property of another in his presence, or from his person, which shall have been
delivered, or suffered to be taken, through fear of some injury to his person or.
property, or to the person of any relative or member of his family, threatened to
be inflicted at some different time, which fear shall have beer produced by the
threats of the person so receiving or taking such property, shall be adjudged guilty
of robbery in the second degree.
§ 27. If any person shall, either verbally, or [by] a written or printed commu-
nication, accuse or threaten to accuse another of any felony, or threaten to do
any injury to the person or property of any one, with a view or intent to extort
or gain any money or property of any description belonging to another, and shall,
by intimidating him with said accusation or threat, extort or gain from him any
money or property, every such offender shall be deemed guilty of robbery in the
third degree.
§ 28. Every person convicted of robbery shall be punished by imprisonment in
the penitentiary; if in the first degree, not less than ten years; if in the second
degree, not exceeding ten years and not less than five years; if in the third degree,
not exceeding five years.
§ 29. Every person who shall knowingly send or deliver, or siiall maiie, andfor
the purpose of being delivered or sent, shall part with the possession of any letter
or writing, with or without a name subscribed thereto, or signed with a fictitious
name, or w^ith any letter, mark or other designation, threatening therein to accuse
any person of a crime, or to do any injury to the person or property of any one,
with a view or intent to extort or gain any money or property of any description
belonging to another, shall, on conviction, be adjudged guilty of an attempt to rob,
and shall be punished by imprisonment in the penitentiary not exceeding five
years.
§ 30. Every person who shall be convicted of feloniously stealing, takmg and
carrj'ing away, any money, goods, right in action, or other personal property, or
valuable thing whatsoever, of the value of ten dollars or more, or any slave, horse,
mare, gelding, colt, filly, mule, ass, neat cattle, sheep or hog, belonging to another,
shall be deemed guilty of grand larceny.
{ 31. Persons convicted of grand larceny shall be punished in the following
cases, as follow^s:
First, For stealing a slave, by imprisonment in tlie penitentiary, not less than
seven years.
24
178 CRIMES AND PUNISHMENTS.
Second, For stealing a hor^, mare, gelding, colt, filly, mule, or ass, by like
imprisonment not exceeding seven years.
Third, In all other cases of grand larceny, by like imprisonment not exceed-
ing five years.
§ 32. Every [person] who shall steal, take and carry away, any money or
personal property, or eiTects of another, under the value of ten dollars (not being
the subject of gi'and larceny, without regard to value) shall be deemed guilty of
petty larceny, and, on conviction, shall be punished by imprisonment in a county
jail not exceeding one year, or by fine not exceeding one hundred dollars, or by
both such fine and imprisonment.
§ 33. If any larceny be committed in a dwelling-house, or in any boat or vessel,
or by stealing from the person in the night-time, the offender may be punished by
imprisonment in the penitentiary not exceeding seven years.
§ 34. If the property stolen, consists of any bond, covenant, note, bill of
exchange, draft, order or receipt, or any other evidence of debt, or of any public
security, issued by the United States, or by this state, or of any instrument,
whereby any demand, right, or obligation shall be assigned, transferred, created,
increased, released, extinguished or diminished, the money due thereon, or secured
thereby and remaining unsatisfied, or which in any event or contingency might be
■collected thereon, or the value of the property transferred or affected, as the case
may be, shall be deemed the value of the article so stolen.
§ 35. If any person shall mark or brand, or alter the mark or brand of any animal,
the subject of larceny, being the property of another, with intent to steal or con-
vert the same to his own use, or shall wilfully kill any such animal, with intent to
steal or convert to his own use the carcase or skin, or any part of the animal so
killed, he shall be adjudged guilty of larceny, and punished in the same manner as
if he had feloniously stolen such animal.
§ 36. If any person steal or embezzle any will of real or personal property, or
any deed or other instrument of writing, being or purporting to be the act of
another, by which any right or interest in realor personal property shall be or
purport to be, assured, transferred or conveyed, or in any way changed or affected,
shall be adjudged guilty of grand larceny, without reference to the value of the
instrument so stolen or embezzled, and shall be punished by imprisonment in the
penitentiary not exceeding five years, or in a county jail not exceeding six months,
or by fine not exceeding one thousand dollars, or by both such fine and imprison-
ment.
§ 37. Wlioever shall be convicted of having stolen and carried away, or embez-
zled, any record, paper or proceeding of a court of justice, filed or deposited with
any clerk or officer of such court, or any paper, document or record filed or
deposited in any public office, or with any judicial officer, shall be adjudged guilty
of grand larceny, without reference to the value of the record, paper, document
or proceeding, so stolen or embezzled, and shall be punished by imprisonment in
the penitentiary not exceeding five years, or in a county jail not exceeding six
CRIMES AND PUNISHMENTS. 179
months, or by fine not exceeding one thousand dollars, or both such fine and
imprisonment.
§ 38. Every ofiicerorotherperson having the custody of any record, paper, docu-
ment or proceeding, or any will, deed or other writing specified in either of the
two last sections, who shall fraudulently take away, withdraw or destroy any
such record, paper, document, proceeding, will, deed or instrument of writing,
filed or deposited with him, or left in his custody, shall, upon conviction, be punish-
ed by imprisonment in the penitentiary not exceeding five years.
§ 39. If any person shall sever from the soil of another, any produce growing
thereon, of the value of more than five dollars, or shall sever from any building, or
from any gate, fence or other railing, or enclosure, or any part thereof, or any
material of wdrich it is composed, of the like value, and shall take and convert the
same to his own use, with the intent to steal the same, he shall be deemed guilty of
larceny in the same manner and of the same degree as if the articles so taken had
been severed at some diiTerent and previous time.
§ 40. If any clerk, apprentice, or servant of any private person, or of any
co-partnership (except clerks, apprentices and servants within the age of sixteen
years,) of if any officer, agent, clerk or servant of any incorporated company, or
any person employed in any such capacity, shall embezzle or convert to his own
use, or shall take, make way with, or secrete, with intent to embezzle or convert
to his own use, without the assent of his master or employer, any money, goods,
rights in action, or valuable security or efiects whatsoever, belonging to any other
person, which shall have come into his possession or under his care, by virtue of
such employment or office, he shall, upon conviction, be punished in the manner
prescribed by law for feloniously stealing property of the kind, or value of the
articles so embezzled, taken or secreted.
§ 41. Every embezzlement of any evidence of debt, negotiable by delivery
only, and actually executed by the master or employer of such clerk, agent,
officer or servant, but not delivered or issued as a valid instrument, shall be deemed
an oflfence within the meaning of the last preceding section, and punished accord-
ingly.
§ 42. If any carrier, or other bailee, shall embezzle or convert to his own use,
or make way with, or secrete with intent to embezzle, or to convert to his own
use, any money, goods, rights in action, property or valuable security, or other
effects, which shall have been delivered to him, or shall have come into his posses-
sion or under his care, as such bailee, although he shall not break any trunk,
package, box or other thing, in which he received them, he shall, on conviction,
be adjudged guilty of larceny, and punished in the manner prescribed by law for
feloniously stealing property of the nature or value of the articles so embezzled,
taken or secreted.
§ 43. If any tenant or lodger shall take away, with intent to embezzle, steal or
purloin, any bedding, furniture, goods or chattels, or fixture, which, by contract,
was let to him, to be used by him in or with any house, apartment, room or
lodging, whether the contract for letting shall have been made by such person, or
180 CRIMES AND PUNISHMENTS.
by any person on his behalf, he shall be adjudged guilty of larceny, and punished
in the same manner prescribed by law for feloniously stealing property of the
value of the articles so stolen, purloined or embezzled.
$ 44. Every person who shall buy, or in any way receive, any goods, money,
right in action, personal property, or any valuable security or effects whatsoever,
that shall have been embezzled, taken or secreted, contrary to the provisions of
the four last sections, or that shall have been stolen from another, knowing the
same to have been so embezzled, taken or secreted or stolen, shall, upon conviction,
be punished in the same manner, and to the same extent, as for the felonious
stealing the money, property or other thing so bought or received.
5 45. In any indictment for any offence specified in the last section, it shall
not be necessary to aver, nor on the trial thereof to prove, that the principal who
embezzled, took, secreted or stole such property, has been convicted.
§ 46. Every person who, with intent to cheat or defraud another, shall design-
edly, by color of any false token or writing, or by any other false pretence, obtain
the signature of any person to any written instrument, or obtain from any person
any money, personal property, right in action, or other valuable thing or effects
whatsoever, upon conviction thereof, shall be punished in the same manner and to
the same extent as for the feloniously stealing the money, property or thing so
obtained.
§ 47. If the false token by which any signature, money, property, right in action,
or other thing, shall be obtained, as specified in the last section, be a promissory
note, bill of exchange, check or evidence of debt, purporting' to have been made or
issued by or under authority of any banking company or corporation, not in exist-
ence, the person convicted of such cheat may be punished by imprisonment in
the penitentiary not exceeding seven years.
§ 48. If upon the trial of any person indicted for any offence, prohibited in the
two last sections, it shall be proved that he obtained the property, or other thing
in question, in such manner as to amount in law to a larceny, he shall not, by
reason thereof, be entitled to an acquittal, but he shall be convicted and punished
as if the offence had been proved as charged.
} 49. Every person who shall falsely representor personate another, and in such
assumed character shall receive any money, goods, rights in action, or property,
or cfTects of any description, belonging or intended to be delivered to the individu-
al so personated, shall, upon conviction, be punished in the same manner and to the
same extent as for feloniously stealing the money, property or other thing so re-
ceived.
§ 50. Every person who, being a party to any conveyance, or assignment of
any estate, or interest in real estate, goods or things in action, of any rents
or profits, issued therefrom, or to any charge upon such estate, interest, rents or
profits, made or created, with intent to defraud prior or subsequent purchasers, or to
hinder, delay or defraud creditors or other persons; and every person being privy
to, or knowing of, such conveyance, assignment or charge, who shall willingly put
CRIMES AND PUNISHMENTS. 181
the same in use, as having been made on good faith, shall, on conviction be ad-
judged guilty of misdemeanor.
§ 51. Every person who shall violate the provisions of the preceding section,
shall pay to every person injured or defrauded by any of the means therein men-
tioned, double damages, to be recovered by action on the case.
§ 52. If any person shall unlavv fully and maliciously destroy or injure any boat
or vessel, or any engine or machinery for propelling the same, whether the same
be complete or in an unfinished state, or shall unlawfully and maliciously cast
away, or strand, or in anywise injure any boat or vessel, with intent thereby to
injure or prejudice any owner, or part owner of such boat or vessel, or of any .
goods on board the same, or the insurer of such boat or vessel, or on the freight
thereof, or upon any goods on board the same, the person so offending shall be pun-
ished by imprisonment in the penitentiary not exceeding seven years.
§ 53. Every person who shall wilfully administer any poison to any cattle, or
shall maliciously expose any poisonous substance with intent that the same shall
be taken or swallowed by any cattle, shall, upon conviction, be punished by im-
prisonment in the penitentiary not exceeding three years, or in the county jail not
exceeding six months, or by fine not exceeding two hundred and fifty dollars, or
by both such fine and imprisonment.
§ 54. If any person shall wilfully and maliciously, kill, maim or wound, any cat-
tle of another, he shall, on conviction, be punished as in the next preceding section
is provided.
§ 55. Every person who shall Vv^ilfully, unlawfully and maliciously, break, de-
stroy, or injure the door or window of any dwelling-house, shop, store or other house
or building, or sever therefrom, or from any gate, fence or enclosure, or any part
thereof, or any material of which it is formed, or sever from the freehold any produce
thereof, or any thing attached thereto, or pull down, injure or destroy any gate,
post, railing or fence, or any part thereof, or cut down, lap, girdle, or otherwise in-
jure or destroy any fruit or ornamental or shade tree, being the property of another,
shall, on conviction, be adjudged guilty of a misdemeanor.
§ 56. Every person who shall willfully and maliciously burn, injure or destroy,
any pile or raft of wood, plank, boards or other lumber, or any part thereof, or cut
loose or set adrift any such raft or part thereof, or shall cut, break, injure, sink or
set adrift any boat, canoe, skiflT, or other vessel, being the property of another, shall
be adjudged guilty of a misdemeanor.
§ 57. Every person who shall wilfully and maliciously cut down, bi-eak, injure or
destroy any bridge or mill-dam, or other dam, erected to create hydraulic power,
or any embankment necessary to support such dam, or shall wilfully and malicious-
1 y make, or cause to be made, any aperture in such dam or embankment, with in-
tent to destroy or injure the same, shall be adjuged guilty of a misdemeanor.
$ 58. Every person who shall wilfully and maliciously either,
First, Remove any monument of stone or other durable material, created for
the purpose of designating the corner or any other point in the
1Q2 CRIMES AND PUNISHMENTS.
boundary of any lot or tract of land, or of the state, or any legal
sub-division thereof, or.
Second, Deface or alter the marks upon any tree, post or other monument,
made for the purpose of designating any point in any such boundary, or,
Third, Cut down or remove any tree, upon which any such marks shall be
made for such purpose, with intent to destroy such marks, shall, upon
conviction, be adjudged guilty of a misdemeanor.
§ 59. Every person who shall wilfully and maliciously break or destroy, or re-
move any mile post, mile stone, or any guide board, erected by authority of law
on any public highway or turnpike road, or shall wilfully and maliciously deface or
alter any inscription on any such post, stone or board, shall be deemed guilty of
a misdemeanor.
§ 60. Every punishment and forfeiture, imposed on any person, maliciously com-
mitting any offence prohibited by the provisions of either of the eight last preced-
ing sections, shall equally apply and be enforced, whether the offence shall be com-
mitted from malice conceived against the owner of the property, in respect to which
it shall be committed, or otherwise.
{61. Every person who shall be convicted of a misdemeanor, as prohibited by
this article, the punishment of which is not herein-before prescribed, shall be pun-
ished by imprisonment in a county jail not exceeding one year, or by fine not ex-
ceeding two hundred and fifty dollars, or by both such fine and imprisonment.
§ 62. Every person who shall be convicted of arson, burglary, robbery, or larce-
ny in any degree, in this article specified, or who shall be sentenced to imprison-
ment in the penitentiary for any other crime, punishable under the provisions of
this article, shall be incompetent to be sworn as a witness, or serve as a juror in any
cause, and shall be forever disqualified from voting at any election, or holding any
office of honor, trust or profit, within this state.
ARTICLE IV.
Of offences affecting records, currency, instruments, or securities, public and private.
Sbc. 1, & 2. Cases enumerated, to constitute forgery in the first degree.
3. Forging certain seals, forgery in second degree.
4. Altering, &c., records, &c., forgery in the second degree.
5. Falsely making, &c., entries in records, forgery in second degree.
6. Officers making false certificates of proof of deed, &c., forgery in the second degree.
7. Counterfeiting gold and silver coins, forgery in second degree.
8. Forging notes, bills, orders, checks, i^c , on any bank, &c., forgery in second degree.
9. To exchange, deliver, or sell such note, bill, 4'e., with intent, Sfc, forgery in second degree.
10. To bring into this state, or have in possession, such note, bill, 4"c., with intent, &;c., forgery in second degree.
11. Engraving, &c., plates in similitude of bank bills, ^-c, forgery in second degree.
12. When plates to be deemed in similitude of genuine bills.
13. Possessing counterfeit coins, with intent to defrau'i, &c., forgery in the third degree.
14. Selling, exchanging, delivering, ^-c, any counterfeit coin, i^-c, with intent, &c., forgery in third degreei
15. 4" 16. Forging, ^-c., certain public and private instruments, forgery in third degree.
17. False entries, i^-c, in certain public books of accounts, forgery in third degree.
18. False entries in books of monied corporations, fqrgcry In third degree.
19. Having in possession counterfeit instruments, herein-before declared, &c., forgery in fourth degree.
90. To a«Il, deliver, or offer to Mil, deliver, ^-c, filtered, forged or coanterfeited ingtrumant, fce.
CRIMES AND PUNISHMENTS. Ig^
Skc. 21. Uttering counterfeit Instrument, or coin, forgery In fourth degree.
22. Total erasure or obliteration of instruments of writing, &c., wlien to be deemed forgery;
23. Putting together parts of several genuine instruments, witli intent to defraud, &e.
24. Wliat to be deemed a writing, and a written instrument.
25. Affixing pretended signatures to notes, &c., of corporations.
26. Making false instruments, i^-c, in a pretended or fictitious name.
27. Making false instruments, Sfc, in tiis own name, as tlie act of anotlier, i^c.
28. Impairing, clipping, &;c., gold or silver coin, &c., with intent, &c.
29. Punishment for di.Terent degrees of forgery.
30. To make, mend, or keep in possession, paper, rolling-press, &c., with intent, i^c, how punishad.
31. To cast, stamp, engrave, &c., or have mould or pattern, with intent, &c., how punished.
32. Punishment for doing certain acts in false character.
33. Unlawfully to tear, cut, burn, &c., any will, deed or other instrument of writing, &.c.
34. To aid or abet, counsel, &c., in the commission of any offences under this article; how punished. ^
35. For what offences under this article, persons disqualified from being witness, juror, voting, &c.
$ 1. Every person who shall forge, counterfeit or falsely alter, or cause or procure
to be forged, counterfeited or falsely altered,
First, Any will of real or personal property, or any deed, or other instrument,
being or purporting to be the act of another, by which any right or
interest in real property shall be, or purport to be, transferred, or in
any way changed or affected, or.
Second, Any certificate of the acknowledgment or proof of any deed or other
instrument, which by law may be recoi'ded, made or purporting to
have been made by any court or officer, duly authorized to make such
certificate or endorsement, or,
Third, Any certificate of the proof of any will of real or personal property,
which by law may be recorded, made or purporting to have been
made by any court or officer, authorized to make such certificate, or,
Fourth, Any certificate or endorsement of the filing or recording any such
wall, deed or other instrument, which by law may be recorded, or
purporting to have been made by any officer authorized to make such
certificate or endorsement, with intent to defraud, shall, on convic-
tion, be adjudged guilty of forgery in the first degree.
5 2. Every person who shall forge, counterfeit, or falsely alter, or cause or pro-
c?are to be forged, counterfeited or falsely altered,
First, Any warrant, order, bill, certificate, or other public security, issued of
purporting to have been issued under the authority of this state, by
virtue of any law thereof, b) which the payment of any money, ab-
solutely or upon a contingency, shall be promised, or the receipt of
any money, goods, or valuable thing, shall be acknowledged, or which
shall be, or purport to be, receivable in payments of the state, or,
Second, Any certificate of any share or interest in any public stock, created
by virtue of any law of this state, issued or purporting to have [been]
issued by any public officer, or any^ bond or other evidence of any
debt of this state, either absolute '^^i^entingent, made or issued, or
purporting to have been made or issued by any public officer, or,
Third, Any endorsement, assignment, or other instrument, transferring or
184 CRIMES AND PUNISHMENTS.
purporting to transfer, the right or interest of any holder of any
such warrant, order, bill, certificate, public security, certificate of
stock, bond, evidence of debt, or liability, or any person entitled to
such right or interest, with intent to defraud this state, or any public
officer thereof, or any other person, shall, on conviction, be adjudged
guilty of forgery in the first degree.
§ 3. Every person w^ho shall forge or counterfeit, or cause or procure to be forg-
ed or counterfeited, the seal of this state, the seal of any court of record, or the
seal of any public office authorized by law, the seal of any officer by law entitled
to have and use an official seal, or the seal of any body corporate, duly incorporated
by, or under, the laws of this state, or who shall make or forge, or counterfeit any
impression purporting to be the impression of any such seal, with intent to defraud,
shall, upon conviction, be adjudged guilty of forgery in the second degree.
§ 4. Every person who, with intent to defraud, shall falsely alter, destroy, corrupt
or falsify, or procure to be falsely altered, destroyed, corrupted or falsified.
First, Any record of any will, conveyance, or other instrument, the record,
or a copy of the record of which, by law, shall be evidence, or.
Second, Any record of any judgment or decree in any court of record, or,
Third, The return of any officer, court or tribunal, to any order, writ or pro-
cess of any court, shall, upon conviction, be adjudged guilty of for-
gery in the second degree.
§ 5. Every person who shall falsely make, forge or alter, or cause or procure to be
falsely made, forged or altered, any entry in any book of records, or any instrument
purporting to be any record or return, specified in the last section, with intent to
defraud, shall, on conviction, be adjudged guilty of forgery in the second degree.
§ 6. If any person authorized to take the proof or acknowledgment of any con-
veyance of real estate, or of any instrument which by law may be recorded, shall
either.
First, Wilfully certify that any such conveyance or instrument was acknowl-
edged by any party thereto, when in truth no such acknowledgment
was made, or.
Second, Wilfully certify that any such conveyance or instrument was proved,
when in fact no such proof was made, or.
Third, Wilfully certify falsely in any material matter contained in any certifi-
cate, being or purporting to be a certificate of the acknowledment or proof of any
such conveyance or instrument, shall j upon conviction, be adjudged guilty of forgery
in the second degree.
§ 7. Every person who shall counterfeit, or cause or procure to be counterfeited
any gold or silver coin, at the time current within this state, by law or usage, or in
actual use or circulation within the state, or shall make or cause to be made any
false or counterfeit coin, in ia^^tion or similitude of any gold or silver coin so
current, or in actual use or circulation within this state, shall, on conviction, be
adjudged guilty of forgery in the second degree.
CRIMES AND PUNISHMENTS. 185
{ 8. Every person who shall forge or counterfeit,'or falsely make or alter, or cause
of procure to be forged, counterfeited or falsely made or altered,
Firstj Any promissory note, bill of exchange, draft, check, certificate of depositee
or other evidence of debt, being or purporting to be made or issued
by any bank incorporated under the laws of the United States or of
this state, or of any other state, territory, government or country, or,
Second, Any order or check, being or purporting to be drawn on any such
incorporated bank, or any cashier thereof, by any other person, com-
pany or corporation, shall, upon conviction, be adjudged guilty of
forgery in the second degree.
^ 9. Every person who shall sell, exchange or deliver, or ofler to sell, exchange
or deliver, or receive upon a sale, exchange or delivery, for any consideration, any
falsely made, altered, forged or counterfeited note, check, bill, draft or other instru-
meiit, the falsely making, altering, forging or counterfeiting of which, is, by the
last section, declared to bd an offence, knowing the same to be falsely made, altered,
forged or counterfeited, with intent to have the same uttered or passed, shall be
adjudged guilty of forgery in the second degree.
5 10. Every person who shall bring into this state, or have in his possession or
custody, any falsely made, altered, forged or counterfeited note, bill, check, draft or
other instrument, the falsely making, altering, forging or counterfeiting of which, i??,
by the eighth section of this article declared to be an offence, knowing the same to
be falsely made, altered, forged or counterfeited, with the intent to utter, pass, sell,
or exchange the same as true or false, or to cause the same to be passed, uttered,
sold oi- exchanged, with intent to defraud, shall, on conviction, be adjudged guilty
of forgery in the second degree.'
} 11. Every person who sTiall either,
First, Make or engrave,- or cause or procure to be made or engraved, any
plate, in the form or similitude of any promissory note, bill of
exchange, draft, order, check, certificate of deposite, or other
evidence of debt, issued by any incorporated bank in this state, o\*
by any banlc incorporated under the laws of the United States, of
of any state or territory thereof, or under the laws of any foreigii
country or government, without the authorily of such bank, or.
Second, Have or keep in his custody or possession, any such plate, without th6
authority of such bank, with the intent of using or having tlie same
used for the purpose of taking therefrom any impression, to be passed,
sold, Or uttered, or,
Third, Make or cause to be made, or have or keep in his custody or posset
sioii, any plate upon which shall be engraved any figures or word^,
intended or adapted to, or which may be used for, the purpose of
falsely altering any evidence of debt issued by any such incorporated
bank, with the intent of using or having the same used, for that pur-
pose, or.
Fourth, Make or cause to be made, or have or keep in his custody, or possession,
55
106 CRIMES AND PUNISHMENTS.
without the authority of such bank, any impression taken from any
such plate, with the intent to fill up and complete, or to have the
same filled up and completed, for the purpose of being passed, sold
or uttered, or.
Fifth, Sell, exchange or deliver, or cause to be sold, exchanged or delivered,
any impression from any such plate, with the intent to have the same
filled up and completed, or sold^passed, or uttered, shall, upon convic-
tion, be adjudged guilty of forgery in the second degree.
} 12. Every plate specified in the last section, shall be deemed to be in the form
and similitude of the genuine instrument, in either of the following cases:
First, When the engraving on such plate, or any impression therefrom, resem-
bles and conforms to such parts of the genuine instrument as are
engraved, or,
Second, Where such plate shall be partly finished, and the part so finished, or
any impression therefrom, resembles and conforms to similar parts
of the genuine instrument.
§ 13. Every person who shall bring into this state, or have in his custody or'
possession, any counterfeit,or imitation of any gold or silver coin, the counterfeiting.
of which is herein-before declared to be an offence, knowing the same to be coun-
terfeited, with intent to defraud or injure by uttering the same, as true or false, or
by causing the same to be uttered, shall, upon conviction, be adjudged guilty of
forgery in the third degree.
§ 14. Every person who shall sell, exchange or deliver, or offer to sell, exchange"
or deliver, or receive upon any sale, exchange or delivery, any such counterfeit or
imitation of any gold or silver coin, specified in the last section, knowing the same'
to be counterfeited, with the intent to have the same uttered or passed, shall be
adjudged guilty of forgery in the third degree.
§ 15. Every person who, with intent to injure or defraud, shall falsely make,
alter, forge, or counterfeit any instrument or writing, being or purporting to be'
any process issued by any competent court, or magistrate, or officer, or any plead-
ing or proceeding filed or entered in any court of law or equity, or any certificate^
order or allowance, by any competent court or officer, or any license or authority,:
authorized by any statute, shall, on conviction, be adjudged guilty of forgery in-
the third degree.
§ 16. Every person who, with intent to injure or defraud, shall falsely make,
alter, forge, or counterfeit any instrument or writing, being or purporting to be
the act of another, by which any pecuniary demand or obligation shall be, or pur-
port to be transferred, created, increased, discharged or diminished, or by which-
any rights or property whatsoever, shall be or purport to be transferred, conveyed,
discharged, increased, or in any manner affected, the falsely making, altering,
Jorging or counterfeiting of which is not herein-before declared to be a forgery in
some other degree, shall, on conviction, be adjudged guilt} of forgery in the third
degree.
§ 17. Every person who, with intent to defraud, shall make any false entry, or
CRIMES AND PUNISHMENTS. 187
shall falsely alter any entry made, in a book of accounts kept in the office of the
auditor of public accounts, or in the office of the state treasurer, or of any county
treasurer, by which any demand or obligation, claim, right, or interest, either against
or in favor of this state, or any county, or any individual, shall be, or shall purport
to be, created, increased, discharged, diminished or in any manner affected, shall,
upon conviction, be adjudged guilty of forgery in the third degree.
§ 18. Every person who, with intent to defraud, shall make any false entry, or
shall falsely alter any entry made in a book of accounts, kept by any monied cor-
poration within this state, or in any book of accounts kept by any such corpora-
tion or its officers, and delivered or intended to be delivered to any person dealing
with such corporation, by which any pecuniary obligation, claim or credit, shall be,
or shall purport to be, created, increased, diminished or discharged, or in any man-
ner affected, shall, upon conviction, be adjudged guilty of forgery in the third degree.
§ 19. Every person who shall have in his possession, buy or receive any falsely
made, altered, forged or counterfeited instrument or writing, the forgery of which is
herein-before declared to be an offence, (except such as are enumerated in the eighth
section of this article,) knowing the same to be forged, counterfeited, or falsely
made or altered, with intention to injure or defraud, by uttering the same as true,
or false, or causing the same to be so uttered, shall, on conviction, be adjudged
guilty of forgery in the fourth degree.
§ 20. Every person who shall sell, exchange, or deliver, or offer to sell, exchange
or deliver, for any consideration, any falsely altered, forged or counterfeited instru-
ment or writing, the forgery of which is declared punishable, (except as in the
last section is excepted,) knowing the same to be forged, counterfeited, or falsely
altered, with the intention to have the same uttered or passed, shall, on conviction,
be adjudged guilty of forgery in the fourth degree.
§ 21. Every person w^ho, with intent to defraud, shall pass, utter, or publish, or
offer or attempt to pass, utter or publish as true, any forged, counterfeited, or falsely
altered instrument, or writing, or any counterfeit or imitation of any gold or silver
poin, the altering, forging, or counterfeiting of which is herein-before declared to
be an offence, knowing such instrument, writing or coin, to be altered, forged or
counterfeited, shall, upon conviction, be adjudged guilty of forgery in the same
degree herein-before declared for the forging, altering or counterfeiting the instru-
ment, writing or coin, so passed, uttered or published, or offered or attempted to be
passed, uttered or published.
§ 22. The total erasure or obliteration of any instrument or writing, with intent
to defraud, by which any pecuniary obligation, or any right, interest or claim to
money, right in action to property, shall be, or purport to be, or shall be intended
to be created, conveyed, transferred, increased, discharged, diminished, or in any
manner affected, shall be deemed forgery in the same manner, and in the same de-
gree, as the false alteration of the whole, or any part of such instrument or writing.
§ 23. When different parts of several genuine instruments shall be so placed or
connected together as to produce one instrument, with intent to defraud, the same
18^ CRIMES AND PUNISHMENTS.
^shall be deemed forgery, in the same manner and in the same degree as if the parts
so put together were falsely made or forged.
§ 24. Every instrument, partly printed and partly written, or wholly printed?
with a written signature thereto, and every signature of an individual, firm or corpo-
rate body, or of any officer of such body, and every writing purporting to be such
signature, shall be deemed a writing, and a written instrument, within the
meaning of the provisions of this article.
} 25. The false making, forging, or counterfeiting of any evidence of debt or
negotiable instrument, issued or purporting to have been issued by any corporation,
having authority for that purpose, to which shall be affixed the pretended signature
of anj person as an agent or officer of such corporation, shall be deemed a forgery
in the same degree and in the same manner, as if such person was at the time an
officer or agent of such corporation, notwithstanding such person may n^ver have
been an officer or agent of such corporation, or notwithstanding there never was
anjf such person in existence.
§ 26. Tiie false making, forging or counterfeiting of any instrument or writing,
being, or purporting to be, the act of another, by which any pecuniary demand or
obligation, or any right, interest or claim to money, right in action, or property,
shall be, or purport to be, or shall be intended to be conveyed, transferred, created,
increased, discharged, diminished, or in any manner affected, to which shall be
affixed a fictitious name, or the name or pretended signature of any person not in
existence, shall be deemed a forgery in the same degree and in the same manner as
if the name so affixed was the name of a person in being, or purporting to be the
signature of a person in existence.
§ 27. If any one shall, with intent to injure or defraud, make any instrument or
writing, (as in the last section specified,) in his name, and shall utter or pass it under
the pretence that it is the act of another who bears the same name, he shall, upon
conviction, be adjudged guilty of forgery in the same degree, as if he had forged
the instrument in the name of a person bearing a different name from his own.
5 28. Every person who, with intent to defraud, shall impair, falsify, clip, scale?
liglitenor diminish any gold or silver coin, current by law or usage, or in actual use
and circulation within this stcite, shall, on conviction, be adjudged guilty of forgery
in the fourth degree.
§ 29. Persons, if convicted of forgery as herein specified and declared, shall be
punished as follows:
First, Those convicted of forgery in the first degree, by imprisonment in
the penitentiary for a term not less than ten years.
Second, Those in the second degree, by the like imprisonment, not less thai;
seven years nor more than ten years.
Thirdf Those in the third degree, by like imprisonment, not exceeding seven
years.
Fourth, Those in the fourth degree, by the like imprisonment,not exceeding five
years, or by imprisonment in a county jail not exceeding six months,
§ SO. Every person who shall form, make or mend, have or keep in his posses-
CRIMES AND PUNISHMENTS. 18d
sion or custody, or sell, exchange or deliver to another, any paper, rolling-press of
other tool, instrument or material, devised, adapted and designed for the stamping,
forging and making any false or counterfeit bill, note, certificate, or other negotiable
evidence of debt, in imitation of, or purporting to be, a bill, note, draft, check
certificate or evidence of debt, issued by any incorporated bank, as specified in the
eight section of this article; or devised, adapted and designed for the falsely alter-
ing any such bill, note, draft, check, certificate or other evidence of debt of any
such bank, with intent to use and employ the same, or cause or permit the same to
be used or employed in the falsely making, altering, forging or counterfeiting anv
such bill, note, draft, check, or certificate or other evidence of debt, shall, upon
conviction, be punished as herein-before prescribed for forgery in the third degree.
§ 31. If any person shall cast, stamp, engrave, form, make or amend, or shall
begin to cast, stamp, engrave, form, make or amend, or shall knowingly have
in his possession or custody, or shall sell, exchange or deliver to another, any
mould, pattern, dye, puncheon, engine, press or other tool or instrument, de-
vised, adapted or designed for the coining or making, edging, graining or let-
tering, any false or counterfeit n^oney, or .coin, in imitation, or similitude of any
gold or silver coin current by law or usage, or in use or circulation within this
state, with the intent to use and employ the same, or procure or permit the same to
be used or employed, in coining, or making, or edging, graining, or lettering, any
such false and counterfeit coin, shall, upon conviction, be punished as herein-before
prescribed for forgery in the fourth degree.
§ 32. Every person who shall falsely represent or personate another, and in such
assumed character, shall either,
Firsti Become bail or security, or acknowledge any recognizance, or execute
any bond or other instrument as bail or security, for any party in
any proceeding, civil or criminal, before any court or officer author-
ized to take such bail or security, or,
Second, Confess any judgment, or.
Third, Acknowledge the execution of any conveyance of any real or personal
property, or any other instrument, which by law may be recorded, or,
Fourth, Do any other act in the course of the suit, proceeding or prosecution,
whereby the person so represented or personated may be made liable,
in any event, to the payment of any debt, damages, costs, or sum of
money, or his rights or interests may be in any manner affected,
shall, on conviction, be punished by imprisonment in the peniten-
tiary not exceeding ten years.
§ 33t If any person shall unlawfully, wilfully and maliciously, tear, cut, burn, or
in any way whatever destroy any will, deed, or other instrument or writing, the
falsely making, altering, foi'ging or counterfeiting of which is herein-before declared
ito be a punishable offence, shall, on conviction, be punished by imprisonment in
a county jail not exceeding one year, or by fine not exceeding five hundred dollars,
or by both such fine and imprisonment.
§ 34. Every person who shall aid or assist, abet, counsel, hire, or by any means
i^O CRIMES AND PUNISHMENTS.
procure any other person to commit any offence, punishable under any of the pre.
.ceding provisions of this article, shall be adjudged guilty of the same offence in the
same degree, and shall be punished in the same manner as for the committing the
offenc,e so aided, assisted, abetted, counselled, hired, or procured to be committed.
^ 35. Every person who shall be convicted of any felony, punishable by the
provisions of this article, shall bs incompetent to be sworn as a witness or juron
^a^d forever disqualified from voting at any election, or holding any office of honor,
trust or profit within this state.
ARTICLE V.
Of offences affecting the administration or execution of justice.
$xc. 1. Perjury defined.
2. Its punisliment.
3. Subornation of perjury.
4'. Its punishment.
5. Attempt to induce perjury ; its punishment.
6. What shall be sufficient to set forth in indictment for perjury.
7. What facts sufficient to set forth in indictment for subornation of perjury.
0. To bribe, or induce, or attempt to induce, witnesses, &c.; how punished.
p. Jurors, arbitrators and referees, taking any thing to give their verdict, award, or report, &<;,
10. Corrupting, or attempting to corrupt, jurors, referees, &c. ; how punished.
il. In what cases a juror adjudged guilty of a misdemeanor ; how punished.
12. Attempting to influence a juror, arbitrator or referee, in cases pending before them ; how punished.
13. Persons whose duty it is to summons jurors, &c., guilty of unfair or improper conduct; how punished.
14. Punishment for compounding, &c., offences punishable by death, &c.
IS Compounding, &c., misdemeanors or forfeitures.
16. Conviction of principal in the two preceding sections, not necessary to be proved.
17. Obstructing the execution of legal process in case of felony; how punished.
18. Obstructing the execution of legal process in all civil and criminal cases, other than felony.
19. To assault, beat, or wound an officer engaged in the service of process, or in discharge of his pfficial duty.
20. To set at liberty or rescue prisoners convicted of capital offence ; how punished.
21. To set at libert]' or rescue persons charged with a capital offence; how punished.
22. To set at liberty or rescue persons charged with felony not capital, either before or after conviction, &e,
23. To set at liberty or rescue persons charged with offences, other than felony, before or after conviciion ; ho^
punished.
24. To attempt to set at liberty or rescue prisoner, &c., for felony, either before or after conviction.
25. To attempt to set at liberty or rescue prisoners, &c., for offences other than felony, before or after conviction.
26. Conveying instruments into jail, &c., to aid escape of felons.
27 Conveying instruments into jail, &c., to aid escape of prisoners, other than felons.
28. Aiding escape of felons, and rescuing prisoners.
29. Aiding prisoners, not felons, to escape.
30. Aiding prisoners to escape from the custody of an officer.
31. Aiding escapes prescribed in the three last sections, by prisoner in jail, &c. ; how punished.
32. Punishment for escaping from state prison.
33. Also for convicts in county jail, or in custody, going to jail, escaping.
34. In custody on criminal charge before conviction, or violating penal statute, escaping; punishment for.
35. Convicts in the penitentiary, &c , attempting to escape by force, S^c, how punished. ,
36. Prisoners in a county jail, attempting to escape by force, &c., to be punished.
37. if 38. Punishment of officers conniving at escapes, ^c. ■
59. Officers wilfully, or corruptly, failing or refusing to execute process directed to him, Sfc.
40. Jailor refusing to receive criminal lawfully committed, &c.
41. Officer convicted of offences in the four preceding sections, to forfeit his office.
42. Prisoner escaping, may be retaken and imprisoned, ^c.
43. Common barrator, how punished.
44. For what offences, under this article, persons rendered incompetent to be a juror, witness, &«.
CRIMES AND PUNISHMENTS. 19 J
§ 1. Every person who shall wilfully and corruptly swear, testify or affirm
falsely, to any material matter upon any oath or affirmation or declaration, legally
administered, in any cause, matter or proceeding, before any court, tribunal or
public body or officer, shall be deemed guilty of perjury.
§ 2. Every person who shall be convicted of wilful and corrupt perjury, shall
be punished in the following cases, as follows:
First, For perjury committed on the trial of any indictment for a capital
offisnce, with an express premeditated design to effect the condem-
nation and execution of the prisoner, death, or confinement in the
penitentiary not less than ten years.
(Second, For perjury committed on the trial of an indictment for a capital
offence, without such design, or for any other felony, by imprison-
ment in the penitentiary not less than seven years.
Third, For perjury committed on any other trial or proceedings, or in any
other case, by imprisonment in the penitentiary for a term not
exceeding seven years.
5 3. Every person who shall procure any other person, by any means whatso-
fever, to commit any wilful or corrupt perjury, on any cause, matter or proceeding^
in or concernmg which such other person shall be legally sworn or affirmed, shall
be adjudged guilty of subornation of perjury.
$ 4. Every person convicted of subornation of perjury, shall be punished in the'
Same manner as herein-before prescribed, upon a conviction for the perjury which:
shall have been so procured.
§ 5. Every person who shall, by the offer of any valuable consideration, attempt,-
larilawfully and corruptly, to procure, or entice any other to commit wilful and
corrupt perjury in any cause, matter or proceeding, in or concerning which such-
other person might by law be sworn or affirmed, shall, on conviction, be punished
by imprisonment in the penitentiary for a term not exceeding five years.
§ 6. In any indictment for perjury, it shall be sufficient to set forth the substance'
of the offence charged, and by what court or before whom the oath was taken,'
(avering such court or person or persons to have competent authority to administer
the same,) together with the proper averments to falsify the matter wherein the
perjury is assigned, without setting forth any part of the record, proceeding or
process, either in law or equity, or any commission or authority of the court, or
person before whom the perjury was committed, or the form of the oath or affirma-
tion, or the manner of administering the same.
§ 7. In every indictment for subornation of perjury, or for any corrupt bargains
contract, or attempt to procure another to commit perjury, it shall be sufficient to
set forth the substance of the offence, without setting forth the record, proceeding
or process, or any commission or authority of the court or person before whom the
perjury was committed, or was agreed or promised to be committed.
§ 8. Every person who shall, by bribery, menace or other means, directly or
indirectly induce, or attempt to induce, any witness to absent himself, or avoid a
subpoena or other process, or to withhold his evidence, or shall deter or attempt to'
192 CRIMES AND PUNISHMENTS.
deter him from appearing or giving evidence in any cause, matter or proceeding,
civil or criminal, shall, on conviction, be adjudged guilty of a misdemeanor, and
punished by imprisonment in the county jail not exceeding one year, and by fine
not exceeding thre6 hundred dollars.
§ 9. If any person, summoned as a juror, orif any person chosen as an arbitrator,
or appointed a referee, shall take any thing to give his verdict, avi^aird or report^
or shall receive any gratuity or gift from any party to a suit, proceeding or prose-
cution, for the trial of which such person shall have been summoned or sworn as a
juror, or for the hearing of which he shall have been chosen an arbitrator, or appoint-
ed a referee, he shall, on conviction, be punished by imprisonment in the peniten-
tiary not exceeding five years, or in the county jail not exceeding six months, or
by fine not exceeding five hundred dollars, or by both such fine and imprisonment.
§ 10. Every person who shall corrupt, or attempt to corrupt, any other, sum-
moned or sworn as a juror, appointed a referee, or chosen an arbitrator, by giving
or offering to give any gift or gratuity whatsoever, with intent to bias the mind of
such juror, referee, or arbitrator, or incline him to be more favorable to one side
than the other, in relation to any cause, matter or proceeding, which may be pending
in the court to which such juror shall have been summoned, or in which such referee
or arbitrator shall have been chosen or appointed, shall, on conviction, be punished
as in the next preceding section is prescribed.
5 11. If any person, summoned or sworn as a juror in any case, shall promise or
agree to give any verdict for or against any party in any cause or proceeding,
civil or criminal, or shall receive any paper, evidence or information from any one
in relation to any matter or cause, for the trial of which he shall be sworn, with-
out the authority of the court or officer before whom such juror shall have been
summoned, and without immediately disclosing the same to such court or officer,
he shall, on conviction be adjudged guilty of a misdemeanor, be punished by fine
not exceeding three hundred dollars, or by imprisonment in the county jail not
exceeding one year, or by both such fine and imprisonment.
§ 12. Every person who shall attempt, improperly, to influence any juror in
any civil or criminal case, or any one summoned as such juror, or any one chosen
an arbitrator, or appointed a referee, in relation to any matter pending in the
court, or before the officer before whom such juror shall have been summoned or
sworn, or pending before such arbitrator or referee, shall, upon conviction, be
adjudged guilty of a misdemeanor, and punished as in the last preceding section is
prescribed.
J 13. If any person, whose duty it shall be to select or summon any jurors in
any court, or before any court, or before any officer, shall be guilty of any unfair,
partial or improper conduct, in selecting or summoning any juror, he shedl, upon
conviction, be adjudged guilty of a misdemeanor, and punished by fine not exceed-
ing five hundred dollars, or by imprisonment in the county jail not exceeding one
year, or by both such fine and imprisonment.
§■14. Every person having a knowledge of the actual commission of any
CHIMES AND PUNISHJVIENTS. 193
offence, punishable by death, or by imprisonment in the penitentiary, "who shall
take any money or property of another, or any gratuity or reward, or any
promise, engagement or undertaking therefor, upon agreement or understanding,
express or implied, to compound or conceal such crime, or to abstain from any
prosecution therefor, or withhold any evidence thereof, shall, upon conviction, be
punished by imprisonment in" the penitentiary for a term not exceeding five
years.
§ 15. Every person having a knowledge of the actual commission of any offence,
punishable only by imprisonment in the county jail or by fine, or by such imprison-
ment and fine, or of any misdemeanor or violation of any statute, for which any
pecuniary or other penalty or forfeiture is, or shall be, prescribed, who shall take any
money, property, gratuity or reward, or any promise, engagement or undertaking
therefor, upon any agreement or understanding, express or implied, to compound
or conceal any such offence or misdemeanor, or to abstain from any prosecution
therefor, or to withhold any evidence thereof, shall, on conviction, be adjudged
guilty of a misdemeanor, and punished by imprisonment in the county jail not
exceeding one year, or by fine not exceeding three hundred dollars, or by both such
imprisonment and fine.
§ 16. Upon the trial of any indictment, for any offences specified in the two last
sections, it shall not be necessary to prove the conviction of any offender for the
offence, in relation to which any agreement or understanding therein prohibited
shall have been made.
§ 17. If any person or persons shall knowingly and wilfully obstruct, resist, or
oppose, any sheriff or other ministerial officer, in the service or execution, or in the
attempt to serve or execute any writ, warrant or process, original or judicial, or in
discharge of any official duty in any case of felony, every person so offending
shall, on conviction, be punished by imprisonment in the penitentiary for a term
not exceeding five years, or by imprisonment in the county jail for a term not
more than six months, or a fine not exceeding five hundred dollars, or by both such
fine and imprisonment.
§ 18. If any person or persons shall, knowingly and wilfully, obstruct, resist or
oppose any sheriff, or any other ministerial officer in the service or execution, or
[in the] attempt to serve or execute any wu'it, warrant or process, original or
judicial, or the discharge of any other duty in any case, civil or criminal, other
than felony, or in the service, or attempt to serve any order, or rule of court in
any case, every person so offending shall, on conviction, be adjudged guilty of a
misdemeanor, and punished by imprisonment in the county jail for a term not
exceeding one year, and by fine not exceeding three hundred dollars, or by both
such fine and imprisonment.
§ 19. Every person who shall, knowingly and wilfully, assault, beat or wound
any such officer, while engaged in the service or execution, or an attempt to serve
any writ, warrant or process, original or judicial, or any order or rule of court, or
■while in the discharge of any other official duty, shall, on conviction, be adjudged
guilty of a misdemeanor, and punished as in the last preceding section is declared.
26
194 ^ CRIMES AND PUNISHMENTS.
} 20. If any person or persons shall, by force, set at liberty, or rescue from
custody or prison, any person convicted of a capital offence, or shall set at liberty,
or rescue any person convicted of such crimes, while going to execution, or during
execution, every person so offending shall be punished by imprisonment in the
penitentiary for a term not less than ten years.
§ 21. If any person or persons shall, by force, set at liberty or rescue any
prisoner, while in custody or confinement for a capital offence, before conviction,
every person so offending shall, on conviction, be punished by imprisonment in the
penitentiary not exceeding ten years.
§ 22. If any person or persons shall, by force, set at liberty or rescue any
prisoner, in custody or confinement for a felony, not capital, whether before or
after conviction, every person so offending, shall be punished by imprisonment in
the penitentiary for a term not exceeding ten years.
§ 23. If any person or persons shall, by force, set at liberty or rescue any
person held in custody or prison, for any offence other than felony, whether before
or after conviction, or upon any writ or process, original or judicial, in any civil
case, every person so offending shall, on conviction, be adjudged guilty of a mis-
demeanor, and punished by imprisonment in the county jail for a term not
exceeding one year, and by fine not exceeding five hundred dollars.
{ 24. Every person who shall attempt, by force, to set at liberty or rescue any
prisoner, in custody or confinement for a felony, whether before or after convic-
tion, sliall be punished by imprisonment in the penitentiary for a term not exceed-
ing five years.
§ 25. Every person who shall attempt, by force, to set at liberty or rescue any
prisoner, in custody for an oJence other than felony, before or after conviction, or
upon any writ, warnmt or process, original or judicial, in a civil case, or any other j
lawful authority, shall, on conviction, be adjudged guilty of a misdemeanor, and 1
punished by fine not exceeding three hundred dollars, or by imprisonment in a
county jail not exceeding six months.
{ 26. Every person who shall convey into the penitentiary, or any jail or other ^
place of imprisonment, any disguised instrument, arms, or other thing, proper or I
useful to aid any prisoner in his escape, with intent thereby to facilitate the escape
of any prisoner lawfully committed to, or detained in, such penitentiary, jail or
place [of confinement,] for any felony whatever, whether such escape be effected
or attempted, or not, shall, upon conviction, be punished by imprisonment in the
penitentiary for a term not exceeding ten years.
§ 27. Every person who shall convey into any jail or place of confinement, any
disguised instrument, or any thing proper or useful to facilitate the escape of any
prisoner, lawfully committed to, or detained in, such jail or place of confinement,
for any criminal offence, other than a felony, or lawfully imprisoned or detained
therein for any violation of any penal statute, or in any civil action, whether such
escape be effected or attempted, or not, shall be adjudged guilty of a misdemeanor,
and punished by imprisonment in a county jail not exceeding one year, or fine not
exceeding five hundred dollars, or by both such fine and imprisonment*
CRIMES AND PUNISHMENTS. 195
§ 28. Every person who shall, by any means whatever, aid or assist any
prisoner, lawfully detained in the penitentiary, or any jail or place of confineiTient,
for any felony, to escape therefrom, whether such escape be effected or not, shall,
upon conviction, be punished by imprisonment in the penitentiary for a term not
exceeding five years.
} 29. Every person who shall, by any means v/hatever, aid or assist any prisoner
lawfully committed to any jail or place of confinement, in any case, civil or crimi-
nal, other than a felony, to escape therefrom, whether such escape be effected or
not, shall be adjudged guilty of a misdemeanor, and punished by imprisonment in a
county jail not exceeding one year, or by fine not exceeding five hundred
dollars, or by both such fine and imprisonment.
§ 30. Every person who shall aid or assist any prisoner in escaping or attempt-
ing to escape from the custody of any sheriff, coroner, constable or other ministe-
rial officer, or other person, who shall have the lawful charge of such prisoner,
shall, upon conviction, be punished in the same manner as if such prisoner were
confined in any jail or other place of confinement.
^ 31. But if any aid or assistance, prohibited by the three last sections, be
rendered by any prisoner detained for any crime in the same jail, place ot confine-
ment or custody, with the intent of facilitating his own escape, the punishment of
such prisoner shall exceed that prescribed by law, upon conviction for his own escape.
§ 32. If any person confined in the penitentiary, for any term less than lite, or
in lawful custody going to the penitentiary, shall break such prison or custody, and
escape therefrom, he shall, upon conviction, be punished by imprisonment :n the
penitentiary for a term not exceeding five years, to commence at the expiration of
the original term of imprisonment.
§ 33. If any person confined in any county jail, upon any conviction for a crimi-
nal offence, or held in custody going to such jail and escape therefrom, he shall,
upon conviction, be punished by imprisonment in the penitentiary not exceeding
three years, or in a county jail not exceeding one year, to commence at the expi-
ration of the original term of imprisonment.
§ 34. If any person, lawfully imprisoned or detained in any county jail or other
place of imprisonment, or in the custody of any officer, upon any criminal charge
before conviction, or for the violation of any penal statute, shall break such prison
or custody and escape therefrom, he shall, upon conviction, be punished in the
penitentiary not exceeding two years, or in the county jail not exceeding one
year.
§ 35. Every person lawfully imprisoned in the penitentiary, or held in custody
going to the penitentiary under a sentence of imprisonment therein for a termless
than life, who shall attempt, by force or violence to any person, to effect his
escape from such imprisonment or custody, whether such escape be effected or not,
shall, upon conviction, be punished by imprisonment in the penitentiary not
exceeding five years, to commence at the expiration of the original term ot impru
Bonment.
§ 36. Every person lawfully imprisoned in a county jail or other place of eon-
19^^ CniMES AND PUNISHMENTS.
finement, or held in custody of any officer, for any cause whatever, who shall
attempt, by force or violence to any person, to effect his escape from such impri-
sonment or custody, although no escape be effected, shall, upon conviction, be
adjudged guilty of a misdemeanor, and punished by imprisonment in the county
jail not exceeding six months, or fmed not exceeding one hundred dollars, or both.
§ 37. If any officer or other person, having, by law, the custody or charge of
the penitentiary, or any county jail or other place of confinment, or the under
officer or deputy of such officer or person, shall knowingly suffer or permit any
disguised instrument, arms, or other thing, proper or useful to aid any prisoner in
his escape, to be conveyed into, or remain in such penitentiary, jail or place, he
shall, upon conviction, suffer the like punishment as the person conveying such
disguised instrument, arms or other thing into such penitentiary, jail or place,
would be liable to, according to the provisions of this act.
§ 38. If any officer, or his under officer or deputy, having the lawful custody of
any prisoner, for any cause v/hatever, shall voluntarily suffer or permit, or connive
at the escape of such prisoner from his custody, or permit him to go at large, he
shall, on conviction, be punished in the same manner as if he* were convicted of
aiding or assisting such prisoner to escape.
{ 39. If any sheriff, or other officer, shall wilfully or corruptly fail or refuse to
execute any lawful process, which by law it is his duty to execute, requiring the
apprehension or confinement of any person charged with a criminal offence,
whereby such person shall escape, the officer so offending shall be punished in the
same manner as persons convicted of aiding or assisting such escape.
§ 40. If any jailor, or keeper of a county jail, shall refuse to receive in the
jail under his charge, any person lawfully committed to such jail, on any criminal
charge or conviction, or on any lawful process whatever, he shall, on conviction,
be adjudged guilty of a misdemeanor, and punished by imprisonment in a county
jail not exceeding one year, and by ffiie not exceeding three hundred dollars.
§ 41. Every officer who shall be convicted of any of the offences specified in
the four last preceding sections, shall forfeit his office.
} 42. If any person sentenced to imprisonment in a county jail, or in the peni-
tentiary, on a conviction for a criminal offence, shall escape, he may be pursued,
retaken and imprisoned again, notwithstanding the term for which he was sentenc-
ed to be imprisoned may have expired at the time he is retaken, and shall remain
so imprisoned until tried for such escape, or until he be discharged, or in a failure to
prosecute therefor.
§ 43. Every person who shall be convicted of being a common barrator, shall be
punished by imprisonment in the county jail not exceeding one year, or by fine
not exceeding three hundred dollars, or by both such fine and imprisonment.
5 44. Every person who shall be convicted of any perjury, or subornation of
perjury, punishable by any of the provisions of this article, shall thereafter be
incompetent to serve as a juror, or testify as a witness, in any cause, civil or
criminal, and shall be disqualified from voting at any election, or holding any
•ffice of honor, profit or trust within this state.
CRIMES AND PUNISHMENTS. 197
ARTICLE VI.
Of offences by persons in office, or affecting public trusts, and public rights.
Brc. 1. Giving, or offering to give, bribe to any officer, &.C., with intent to inHucnce Lis opinion, &e,
2. Every officer who sliall, directly or indirectly, accept or receive such bril e, guilty of bribery.
3. Giving or offering to give, &c., to any officer, to influence l.ini to bestow appointment, &c.
4. Officer accepting such bribe, guilty of bribery ; how punished.
5. Assisting to procure offices, &c., upon tl;e consideration n:entioned in the 1st and 3d sections of this article.
6. Accepting or receiving office, ^c, upon consideration mentioned in 2d and 4th sections of this article.
7. O.Tering or attempting to bribe officers by any of tlie means before mentioned ; how punished.
8. Offering to give, &c., to procure election to office, &c., bribery ; how punished.
9. Receiving such money, gif', office, tc, upon any such engagement as in the preceding section.
10. Any person having a right to vote, who shall r.sk money, &c., to give Lis vote; liow punished.
11. Corrupting, or attempting to corrupt, persons having a right to vote, &c.
12. Felling office, or deputation thereof, &,c. ; how punished.
13. Giving, or agreeing to give, money or property, &;c., for such office.
14. Construction and qualiScation of the two preceding sections.
15. Grant or deputation of office made contrary to the foregoing provisions, void.
16. Officer guilty of wilful and malicious oppressioii, in official capacity ; how punished.
17. Officer committing fraud in l;is official capacity ; how punished.
18. Tersons convicted of offences mentioned in th.e preceding sections of tliis article, di-^qualified, tc
19. Demanding lees, by color of hia office, that is not due, or more than is due, &c.
20. Guilty of neglect of official duty, or misconduct, when not othoiwise provided for; how punished.
21. When officer, convicted, iScc, shall forfeit his office.
22. Doing or performing acts, as an officer, without lawful authority, &.C.; how punished.
23. Penalty for altempting to influence voters. &c.
24. Voting more than once at the same election.
} 1. Every person who shall, directly or indirectly, give any money, goods, right
in action, or any other valuable consideration, gratuity or reward, or any promisej
undertaking or security therefor, to any officer of this sate, or of any county,
First, With intent to influence his vote, opinion, judgment or decision on any
question, matter, cause or proceeding, which may be then pending,
or may by law be brought before him in his official capacity, or to
induce him to neglect or omit the performance of any official duty,
or to perform such duty with partiality or favor, or otherwise than
is required by law, or,
Second, In consideration that such officer hath given any vote, opinion, judg-
ment or decision, in any particular manner, upon any particular side,
or more favorable to one side than the other, or any matter, question,
cause or proceeding, or hath omitted to perform any official act or
duty, or hath performed such act or duty with partiality or favor or
otherwise, contrary to law, shall, on conviction, be adjudged guilty
of bribery, and be punished by imprisonment in the penitentiary
for a term not exceeding seven years.
§ 2. Every such officer who shall, directly or indirectly, accept or receive any
such gift, consideration, gratuity or reward, or any promise or undertaking to
make the same,
First, Under any agreement that his vote, opinion, judgment or decision,
shall be given in any particular manner, on any particular side, or
more favorable to one side than the other, in any question, matter^
198 CRIMES AND PUNISHMENTS.
cause or proceeding, which may be pending or be brought before him
in his official capacity, or that he shall neglect or omit to perform
any official duty, or perform the same with partiality or favor, or
otherwise than according to law, or.
Second, In consideration that he hath p^iven his vote, opinion, judgment [or] deci-
sion, in any particular manner, on any particular side, or more favor-
able to one side than the other, of any question, matter, cause or
proceeding, or hath neglected or omitted to perform any official act
or duty, or performed such act or duty with partiality or favor, or
otherwise contrary to law, shall, on conviction, be adjuged guilty
of bribery, and shall be punished in the penitentiary for a term
not less than two years.
§ 3. Every person who shall, directly or indirectly, give or engage to give any
sum of money, or other valuable consideration, gratuity or reward, to any offif'er,
Fi7'si, With intent to influence or induce such officer to give to, or procure
for, him or any other, by his act, interest, influence or other means
whatever, any appointment, office or place of trust, or any prefer-
ment, or emolument, or assist, by any means whatsoever, to procure
the same, or.
Second, In consideration of any office or appointment, preferment, or emolu-
ment, act, interest or influence, or any aid or assistance in procuring*
or attempting to procure, such appointment, office or place of trust,
or any emolument, shall, on conviction, be adjudged guilty of bribery,
and shall be punished by imprisonment in the penitentiary for a term
not exceeding seven years.
} 4. Every officer who shall, directly or indirectly, accept or receive of another*
any sum of money or other valuable consideration, gratuity, or reward, or any
promise or security thereof.
First, Upon any agreement to give, or procure by his act, interest or influ-
ence, or other means, any appointment, office, or place of trust, or
any preferment or emolument, or to aid or assist in procuring the
same for another person, or.
Second, In consideration of any office, or appointment, place or preferment,
or emolument, or any act, interest or influence, aid or assistance, by
any means, in procuring, or attempting to procure any such appoint-
ment, office, place of trust, preferment or emolument, shall, on con-
viction, be adjudged guilty of bribery, and shall be punished as in
the next preceding section is prescribed.
} 5. Every person who shall, directly or indirectly, give to or procure, or aid or
assist in procuring for another, by his aid, intei'est, or influence, or by any other
means whatsoever, any office, appointment or place of trust, or any preferment or
emolument, with the intent, or upon the consideration mentioned in the first or
third sections of this article, shall, upon conviction, be adjudged guilty of bribery,
CRIMES AND PUNISHMENTS. 199
and punished in the same manner as if he had paid or engaged to pay money with
the like intent or for a like consideration.
§ 6. Every person who shall, directly or indirectly, accept, or receive or obtain,
any appointment, office, or place of trust, preferment, or emolument, or aid or assist-
ance in obtaining or attempting to obtain ti:e same, for himself or another, or any
promise or undertaking to procure such office, appointment, place of trust, prefer-
ment or emolument, by the act, interest or influence, aid or assistance of another,
upon any agreement or consideration mentioned in the second and fourth sections
of this article, shall, upon conviction, be adjudged guilty of bribery, and punished in
the same manner as if he had received money upon a like agreement or consideration.
§ 7. If any person shall, by any of the means mentioned in the preceding sections
of this article, or otherwise, o.Ter or attempt to bribe any officer or other person,
in any of the cases herein-before mentioned, shall, on conviction, be punished by
imprisonment in the penitentiary for a period not exceeding five years, or by
imprisonment in the county jail for a term not exceeding one yeai', and a fine not
less than one thousand dollars.
§ 8. If any person shall, directly or indirectly, give or procure to be given, any
money, gift or reward, or any office, place or employment, upon any engajjement,
contract or agreement, that the person to whom, or to whose use, or on whose
behalf, such gift or promise shall be made, shall, by himself or any other, procure
or endeavor to procure the election of any person to any office, at any election by
the electors, or any public body, under the constitution or laws of this state, the
person so offending shall, on conviction, be adjudged guilty of bribery, and pun-
ished by imprisonment in the penitentiary for a term not exceeding five years.
§ 9. Every person who shall, by himself, or another, to his use or on his behalf,
accept or receive any such monej, gift or rewrad, office, place or employment, or
any promise or security therefor, upon any such engagement, contract or agree-
ment, as specified in the preceding section, shall be adjudged guilty of bribery, and
shall forfeit the full amount of such money, gift or reward, and shall, moreover, be
punished by imprisonment in the penitentiary, for a term not exceeding five years.
§ 10. If any person who shall have, or claim to have, a right to vote in any
election, authorized to be held by the constituiion or laws of this state, shall ask,
receive or take any money or other reward, by way of gift, loan or other
device, or agree or contract for any money, gift, office, employment or other
reward whatsoever, to give his vote, or refuse or forbear to give his vote, in any
such election, the person so offending shall, on conviction, be adjudged guilty of
bribery, and shall be punished by fine not exceeding three hundred dollars, or by
imprisonment in the county jail for a term not exceeding one year, or by both
such fine and imprisonment.
§ 11. If any person by himself, or any person employed by him, shall, by any
gift or reward, office, or employment, or by any promise, agreement, or security
therefor, corrupt or procure, or attempt to corrupt or procure, any person who shall
have, or claims to have a right to vote at any election, to give or forbear to give his
200 CRIMES AND PUNISHIMENTS.
vote at such election, the person so offending shall, on conviction, be adjadged guilty
of bribery, and shall be punished as in the next preceding section is prescribed.
§ 12. Every person holding or exercising any office or public trust, under the
constitution or laws of this state, who shall, for any reward or gratuity, or any val-
uable consideration, paid or agreed to be paid, directly or indirectly, grant, bargain
or sell such office, or any deputation thereof, or grant the right or authority to
discharge any of the duties thereof to another, shall, on conviction, be punished
by imprisonment in the penitentiary not exceeding five years, or by imprisonment
in a county jail, not exceeding one year, or by fine not exceeding one thousand
dollars, or by both such fine and imprisonment.
§ 13. Every person who shall give, or make any agreement to give, any money,
property, right in action or other gratuity or reward, in consideration of any such
bargain, grant or deputation of an office, or any part thereof, shall, upon convic-
tion, be punished as prescribed in the last preceding section.
} 14. The two preceding sections shall not be construed to extend to the appoint-
ment of a deputy, by any officer authorized by law to have a deputy, so that no
gratuity or reward be paid or agreed to be paid for such deputation.
§ 15. Every grant or deputation of office, made contrary to the foregoing provis-
ions, shall be void, but all official acts done before conviction under this act, by any
deputy of an officer authorized to make such appointment, shall be valid.
§ 16. Every person exercising or holding any office or public trust, who shall be
guilty of wilful and malicious oppression, partiality, misconduct, or abuse of author-
ity in his official capacity, or under color of his office, shall, on conviction, be
punished by imprisonment in a county jail for a term not exceeding one year, and
fine not exceeding one thousand dollars.
§ 17. Every officer or public agent of this state, or of any county, who shall
commit any fraud in his official capacity, or under color of his office, shall be
adjudged guilty of a misdemeanor, and punished by imprisonment in the county
jail for a term not exceeding one year, or by fine not exceeding one thousand dol-
lars, or by both such imprisonment and fine.
§ 1 8. Every person who shall be duly convicted of any of the offences mentioned
in the preceding sections of this article, shall be forever disqualified from holding
any office of honor, trust or profit under the constitution or laws of this state, and
from voting at any election.
§19. Every officer who shall, by color of his office, unlawfully and wilfully
exact, or demand and receive any fee or reward to execute or do his duty, or for
any official act done or to be done, that is not due, or more than is due, or before it
is due, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished
by fine not exceeding five hundred dollars, or by imprisonment in the county jail
not exceeding oneyear, or by both such fine and imprisonment.
§ 20. Every officer or person holding any public trust or appointment, -who shall
be convicted of any wilful misconduct or misdemeanor in office, or neglect to per-
form any duty enjoined on him by law, where no special provision is made for the
CRIMES AND PUNISHMENTS. 201
punishment of such misdemeanor, misconduct or negligence, shall be punished by
fine not exceeding five hundred dollars, or by imprisonment in the county jail not
exceeding one year, or [by] both such fine and imprisonment
§ 21. Every ofiicer who shall be convicted of any official misdemeanor or miscon-
duct in office, or who shall be convicted of any offence, which, by this or any other
statute, is punishable by disqualification to hold office, shall, in addition to other
punishments prescribed for such oflfences, forfeit his office.
5 22. If any person shall take upon himself any office or public trust in this state,
and exercise any power or do any act appertaining to such office, or trust, without
a lawful appointment or deputation, he shall, upon conviction, be adjudged guilty
of a misdemeanor, be punished by fine not exceeding five hundred dollars, or by
imprisonment in the county jail for a term not exceeding one year, or by both such
fine and imprisonment.
§ 23. If any person, by menaces, threats or force, or by any otherunlawful means*
either directly or indirectly, attempt to influence any qualified elector in giving his
vote, or to deter him from giving the same, or disturb or hinder him in the free exef
cise of his right of suffrage, at any election held under the constitution or laws of
this state, the person so offending shall, on conviction thereof, be adjudged guilt^
of a misdemeanor, and be punished by fine not exceeding five hundred dollars, or
[by] imprisonment in the county jail not exceeding one year.
§ 24. Every person who shall, at the same election, vote more than once, either
at the same or a diflerent place, shall, on conviction, be adjudged guilty of a misde-
meanor, and [be punished] by fine not exceeding fifty dollars, or by imprisonment
the county jail not exceeding three months.
ARTICLE VII.
Of offences against the public peace, or affecting the security of persons, and
property, and not before enumerated.
SecI. Punishment for fighting duels; persons present as second, &c. ; how punished.
2. Sending, carrying, &c., challenges, and accessaries to duels; how punished.
3. To post or publish another for not sending or accepting a challenge to fight a duel.
4. Duty of judges, justices, &c.,^to issue their warrant against persons ahout to fight a duel.
5. How judge, &c., to proceed when person brought before him.
6. Three or more assembling together, to do an unlawful act, <^c. ; how punished.
7. Three or more assembling together, to do an unlawful act, and make some advances, but part without
doing it ; how punished.
8. Three or more assembling for the purpose of doing an unlawful act, but part without doing it.
9. Duty of judges, justices, i^-c, when persons assemble as specified in the three preceding section!.
10. Proclamation being made, if they do not disperse, power of the officer to disperse them.
11. Making forcible resistance to the officer, he may summon to his aid the militia, ^c.
12. Duty of militia officers, and others, summoned under the two last sections.
13. Additional penalty on persons resisting the officer, or refusing to disperse.
14. Taking possession of real estate by force or violence, without authority, 8(C.
15. Disturbing the peace of the neighborhood in the nighttime, by quarrelling, fighting, ^e.
16. Sending letters threatening to accuse persons of crime, &c. ; how punished.
17. Conspiracies defined ; punishment.
18. Overt acts necsssary in certain conspiracies.
19. Officers, &c., arresting, &c., under pretence of authority; punishment.
§ 1. Every person who shall fight a duel with any dangerous or deadly weapon',
although no death or bodily harm ensue thereby, and every person who shall be
27
202 CRIMES AND PUNISHMENTS.
present at such duel, either as second or aid, shall, on conviction, be adjudged guilty
of a misdemeanor, and punished by imprisonment in a county jail, not exceeding
one year, or by fxne not exceeding one thousand dollars, or by both such fine and
imprisonment.
§ 2. Every person who shall challenge another to fight a duel, or shall send,
deliver or accept any written or verbal message, purporting or intended to be such
challenge, or who shall knowingly carry or deliver any such challenge or message,
or who shall advise or give any countenance, or assistance to any such duel, shall, on
conviction, bo adjudged guilty of a misdemeanor, and punished by imprisonment in
a county jail not exceeding six months, or by fine not exceeding five hundred dol-
lars, or by both such fine and imprisonment.
§ 3. If any person shall post another for not fighting a duel, or for not sending or
accepting a challenge to fight a duel, or shall, in writing or in print, use or publish
any reproachful, contemptuous or opprobious langunge to, or concerning any one,
for not sending or accepting a challenge to fight a duel, or for not fighting a duel,
he shall, on conviction, be adjudged guilty of a misdemeanor, and punished by
imprisonment in a county jail not exceeding six months, or by fine not exceeding
five hundred dollars, or by both such fine and imprisonment.
§ 4. It shall be t!ie duty of every judge and justice of a court of record, and
every justice of the peace, whenever he shall have good cause to suspect that any
person is about to fight a duel, or to aid, or be in anywise concerned therein, to
issue his warrant to bring such party before him.
§ 5. If any judge or justice shall be satisfied of any intended violation of any law,
as specified in the preceding section, by the person brought before him, he shall
cause such person to enter into a recognizance, with good security, in a sum suffi_
cient to elFect the object, conditioned, that such person shall keep the peace for six
months, or more, in the discretion of the judge or justice, and shall not, within
such time, be directly, or indirectly, concerned in any duel.
§ 6. If three or more persons shall assemble together with the intent, or, being
assembled, shall agree mutually to assist one another to do any unlawful act, with
force or violence, against the person or property of another, or against the peace, J
or to the terror of the people, and shall accomplish the purpose intended, or do any I
unlawful act in furtherance of such purpose, in a violent or turbulent manner, every
person so offending, or who shall aid or assist in doing any unlawful act, shall be
adjudged guilty of a misdemeanor, and shall be punished by imprisonment in a ■
county jail, not exceeding one year, or by fine not exceeding five hundred dollars,
or by both such fine and imprisonment.
§ 7. If three or rnorc persons shall assemble with the intent, or, being assembled,
shall agree mutually in arri-^^t each other to do any act sp e::ified in the last section,
with force or violence, and sl'.all make any movement or preparation toward the
execution of the purpose intended or agreed upon, although such purpose be not
accomplished, every person so offending shall, on conviction, be adjudged guilty
of a misdemeanor, and punished by imprisonment in a county jail, not exceedin
i
CRIMES AND PUNISHMENTS. 203
six months, or by fine not exceeding five hundred dollars, or by both such fine and
imprisonment.
§ 8. If three or more persons assemble with the intent, or, being assembled, agree
mutually to assist each other in the doing of any act prohibited by the sixth section
of this article, and in the manner therein -specified, although the purpose intended^
or agreed upon, be not accomplished, nor any act done, nor any movement or
preparation made in furtherance thereof, every person so offending shall, on convic-
tion thereof, be adjudged guilty of ct misdemeanor, and punished by imprisonment
in a county jail not exceeding three months, or by fine not exceeding two hundred
and fifty dollars, or by both such fine and imprisonment.
§ 9. Whenever three or more persons shall be riotously, unlawfully or tumultu-
ously assembled, as specified in either of the three preceding sections, it shall be
the duty of every judge and justice of the peace, who shall have a knowledge or
be informed thereof, to make proclamation among the persons so assembled, or as
near to them as he can safely come, charging and commanding them, immediately to
disperse themselves, and peaceably to depart to their habitations or lawful business.
§ 10. If, upon such proclamation being made, the persons so assembled shall not
immediately disperse and depart as commanded, or if they shall resist such ofiicer,
or prevent the making such proclamation, such ofiicer may command all persons
there being, and tlie power of the county, if necessary, and he shall disperse such
assembly, arrest the oflenders, and take them before some ji iicial officer, to be
dealt with acccording to lav/.
§ 11. If any of the persons so assembled shall be armed, or make forcible resist'
ance to the officer so making or attem.pting to make such proclamation, such officer
may sum.mon to his aid a sufficient number of the militia, or other persons in arms,
to disperse such assembly, arrest the ofifenders and maintain the authority of the
laws.
§ 12. All military officers and others, who shall be summoned under the provi-
sions of the two last sections, are required to render prompt assistance and full
obedience to the officer so summoning them, under the penalty of fifty dollars for
every neglect or refusal.
§ 13. If any of the persons so unlawfully, riotously or tumultuously assembled,
shall refuse obedience to any proclamation made in pursuance of the preceding
provisions, or shall, by menaces or force, prevent any officer from making such
proclamation, or shall resist such ofiicer, or any of his assistants, in dispersing
such assembly, or arresting and securing the offenders, every person so offending,
shall, in addition to the punishments hereinbefore prescribed, be punished by
imprisonment in a county jail not exceeding six months.
§ 14. Every person who shall take or keep possesion of any real property, by
actual force or violence, without the authority of law, or who, being armed with
a deadly or dangerous weapon, shall, by violence to any person in possession, or
entitled to the possession, or by putting him in fear of immediate danger to his
person, obtain or keep the possession of any such real property, without the author-
ity of lav/, shall, on conviction, be adjudged guilty of a misdemeanor, and be pun-
204 CRIMES AND PUNISHMENTS.
ished by imprisonment in a county jail not exceeding one year, or by fine not
exceeding five hundred dollars, or by both such fine and imprisonment.
§ 15. If any such person or persons shall, in the night-time, wilfully disturb the
peace of any neighborhood or of any family, by loud and unusual noise, loud and
offensive or indecent conversation, or by threatening, quarrelling, challenging or
fighting, every person so oflending shall, upon conviction, be adjudged guilty of
a misdemeanor, and be punished by fine not exceeding two hundred dollars, or by
imprisonment in a county jail not exceeding three months, or by both such fine
and imprisonment.
§ 16. Every person who shall knowingly send or deliver any letter or writing,
•with or without a name subscribed thereto, or signed with a fictitious name, or
any letter or mark, threatening to accuse any person of a crime, or to kill, maim or
wound any person, or to do any injury to the person or property of another, though
no money or property be demanded, or extorted thereby, shall, on conviction, be
adjudged guilty of a misdemeanor, and punished by fine not exceeding two hundred
and fifty dollars, or by imprisonment in a county jail not exceeding six months, or
by both such fine and imprisonment.
§ 17. If two or more persons shall agree, conspire, combine or confederate,
First, To sfommit any offence, or.
Second, Falsely or maliciously to indict another for any oJfFence, or procure
another to be charged or arrested for any offence, or,
Third, Falsely or maliciously to move or maintain any suit, or,
Fourth, To cheat and defraud any person of any money or property, by
means which are in themselves criminal, or.
Fifth, To cheat and defraud any person of any money or property by any
means, which, if executed, would amount to cheat or to obtaining
money or property by false pretences, or.
Sixth, To commit any act injurious to the public health, or public morals, or
for the perversion or obstruction of justice, or the due administration
of the laws, they shall be deemed guilty of a misdemeanor, and, on
conviction, shall be punished by imprisonment in a county jail not
exceeding one year, or by fine not exceeding five hundred dollars,
or by both such fine and imprisonment.
§ 18. No agreement, except to commit a felony upon the person of another, or
to commit arson or burglary, shall be deemed a conspiracy, unless some act, besides
such agreement, be done to effect the object thereof, by one or more of the parties
^p such agreement.
§ 19. If any sheriff' or other officer, or any person pretending to be an officer,
shall, under color or pretence of any process, or other legal authority, arrest
any person, or detain him against his will, or seize, or levy upon any property^
jiispossess any one of any lands or tenements, without due and legal process, or
pther lawful authority therefor, he shall, on conviction,be adjudged guilty of a misde-
meanor, and punished by imprisonment in a county jail not exceeding one year,
prby fine notexceedingfivehundreddollars,or by both such fine and imprisonment.
CRIMES AND PUNISHMENTS. 20^
ARTICLE VIIL
Of offences against public morals and decency, or the public police, and other
miscellaneous offences,
Sbc. 1. Bigamy; its punishment.
2. Cases excepted.
3. Husband or wife marrying without the state, &c., bigamy.
4. Where indictment may be found and trial had.
5. Persons knowingly marrying the husband or wife of another ; punishment.
6. Punishment for incest.
7. Punishment for crime against nature.
6. Adultery, lewdness, &c., how punished.
9. Guardian defiling his ward, in cases not otherwise provided; how punished.
10. Penalty 01 ministers, &c., solemnizing marriages in certain cases.
11. Removing dead bodies from graves; punishment.
12. Receiving bodies so removed.
13. Opening graves with certain intents; how punished.
14. Exception to the three preceding sections.
15. Keeping certain gaming tables, or gambling device; punishment for.
16. Betting on such gaming table, &c.; punishment for.
17. Persona suffering such gaming table to be set up in any house, &c.
18. Keeping a gaming house, or bawdy house; how punished.
19. Leasing houses, &;c., for the purposes set forth in the four preceding sections; how punished.
20. Who shall be deemed to be the keeper of gaming tables, &c. brothels, or bawdy houses.
21. Lessee of house, keeping a gaming table or bawdy house, to forfeit his lease. '
22. Person playing at any of the gaming devices, competent witness, though not to affeet himself.
23. & 24. Duty of judge or justice, on knowledge of gambling device kept in the county.
25. Officer charged with process specified in two last sections; his powers.
26. Judge, or justice, to cause gaming table, &c., brought before them to be destroyed.
27. Disturbance of public worship; how punished.
28. Laboring or compelling others, i^-c, to labor on Sunday; punishment.
29. Exception to the last section.
30. Horse-racing, cock-fighting, or playing at cards on Sunday; punishment.
31. Exposing goods to sale, or keep open, ale, porter, grocery or tipling house, <$■*•> after 9 o'clock on Sunday.
32. Last section not to extend to drugs, medicines, provisions, &c.
33. Punishment for selling, &c., certain poisons without labelling.
34. Preceding section not to extend to practising physician, &c.
35. To maliciously and cruelly maim, beat, &c. any horse, ox, &;c.; punishment.
36. To cruelly or inhumanly beat , torture, wound or abuse any slave, &c.
37 Wilfully breaking open sealed letter, without authority, not addressed to himself.
38 Publishing contents of letters so opened.
39. Not to extend to breaking open letters punishable by the laws of the United States.
40- Persons convicted of felony, under this article, disqualified from holding office, S^c.
31. For offences specified in 7th and 8th sections of this article, additional disqualifications, i^c-
§ 1. Every person having a husband or wife living, who shall marry any other
person, whether married or single, (except in the case specified in the next section,)
shall, on conviction, be adjudged guilty of bigamy, and be punished by imprison-
ment in the penitentiary not exceeding five years, or in a county jail not exceeding
six months, or by fine not exceeding five hundred dollars, or by both such fine and
imprisonment.
§ 2. The last section shall not, by reason of any former marriage, extend to any
person again marrying, in either of the following cases:
First, Where the husband or wife, by such former marriage, shall have been
absent for seven successive years, w^ithout being known to such
person to be living, nor.
206 CRLMES AND PUNISHMENTS.
Second, "Where the husband or wife, by such former marriage, shall have been
absent, and continually remaining without the United States and
their territories, for seven successive years, nor,
Third, Where such former marriage shall have been dissolved by competent
authority, and such person is not by law prohibited from again mar-
rying, or the time of such disab lity has not expired, nor.
Fourth, "Where such former marriage shall have been declared void by compe-
tent authority, nor
Fifth, Where such former marriage was contracted by such persons while
under the age of legal consent, nor,
Sixth, Where the husband or wife, by such former marriage, shall have been
sentenced to imprisonment in the penitentiary for life.
§ 3. Every person having a husband or wife living, who shall marry another
person, without this state, in any case where such marriage would be punishable
if contracted or solemnized within this state, and shall afterwards cohabit with such
other person within this state, shall be adjudged guilty of bigamy, and punished in
the same manner as if such second or subsequent marriage had taken place within
this state.
§ 4. An indictment for bigamy, as defined in the preceding sections, may be
found, and proceedings, trial, conviction, judgment and execution thereon had, in
the county in which such second or subsequent marriage, or the cohabitation, shall
have taken place, or in the county in which the offender may be apprehended.
§ 5. If any unmarried person shall knowingly maiTy the husband or v/ife of
another, in any case where such husband or v/ife would be punished according to
the foregoing provisions, such person shall, upon conviction, be punished by impris.
onment in the penitentiary not exceeding five years, or in the county jail not
exceeding six months, or by fine not exceeding five hundred dollars, or by both such
fine and imprisonment.
§ 6. Persons within the degrees of consanguinity, within which marriages are
declared by law to be incestuous and void, who shall intermarry with each other?
or who shall commit adultery or fornication with each other, or v.'ho shall lewdly
and lasciviously cohabit with each other, shall, upon conviction, be punished by
imprisonment in the penitentiary not exceeding seven years.
§ 7. Every person who shall be convicted of the detestable and abominable crime
against nature, committed with mankmd, or with beast, shall be punished by
imprisonment in the penitentiary not less than ten years.
§ 8. Every person who shall live in a state of open and notorious adultery, and
every man and woman (one or both of whom are married, and not to each other,)
who shall lewdly and lasciviously abide and cohabit with each other, and every
person, married or unmarried, who shall be guilty of open, gross lewdness or lasciv-
ious behavior, or of any open and notorious act of public indecency, grossly
scandalous, shall, on conviction, be adjudged guilty of a misdemeanor, and punished
by imprisonment in a county jail not exceeding six months, or by fine not exceed
ing three hundred dollars, or by both such fine and imprisonment.
J
CHIMES AND PUNISHMENTS. 207
5 9. If any guardian of any white female under the age of eighteen years, or of
any other person, to whose care or protection any such female shall have been
confided, shall defile her by carnally knowing her, he shall, in cases not in this act
otherwise provided for, be punished by imprisonment in the penitentiary not less
than two years, or by fine not exceeding five hundred dollars, or by both such
fine and imprisonment.
§ 10. Every person who shall solemnize any marriage, having knowledge of any
fact which renders such marriage criminal in either of the parties, under the prece-
dinaj provisions of this article, or where either of the parties shall be under the age
of legal consent, or where, to his knowledge, any other legal impediment exists to such
marriage, shall, on conviction, be deemed guilty of a misdemeanor, and be punished
by imprisonment in a county jail not exceeding one year, or by fine not exceeding
five hundred dollars, or by both such fi.ne and imprisonment.
§ 11. Every person who shall remove the dead body or remains of any human
being, from the grave or other place of interment or sepulture, for the purpose of
elling the same, or for the purpose of dissection, or any surgical or anatomical
experiment or preparation, or from mere wantonness or mischief, shall, upon con-
viction be adjudged guilty of a misdemeanor, and punished by imprisonment in a
county jail not exceeding one year,_or by fine not exceeding five hundred dollai-s^
or by both such fine and imprisonment.
} 12. Every person who shall receive the dead body or remains of any human
being, knowing the same to have been disinterred, contrary to the provisions of
the preceding section, shall, on conviction, be adjudged guilty of a misdemeanor,
and punished as in that section specified.
§. 13. Every person who shall open the grave, or other place of interment or
sepulture, with intent to r8m3ve the dead body or remains of any human being,
for any of the purposes specified in the eleventh section of this article, or to steal
the coffin, or any vestment or other article, or any part thereof interred with such
body, shall, on conviction, be adjudged guilty of a misdemeanor, and punished as in
the said eleventh section is specified.
{ 14. The provisions of the three last sections shall not extend to any person
who shall open a grave or other place of sepulture or interment, or remove, sell or
receive the body or remains of any deceased person for the purpose of dissection^
or some surgical or anatomical experiment, examination or preparation, with the
knowledge and consent of the near relations of such deceased person, nor to the
disinterment or removal, for such purpose, of the body of any criminal executed
for crime, or of the bod}^ of a slave, with the consent of his owner.
515. Every person who shall set up. or keep any table or gambling device,
commonly called A. B. C, Faro-Bank, E. O., Roulette, Equality, or any kind of
gambling table or gambling device, adapted, devised and designed for the purpose
of playi';g any game of chance, for money or property, and shall induce, entice or
permit any person to bet, or play at, or upon, any sach gaming table or gambling
device, or at or upon any game played at, or by means of, such table or gambling
device, or on the side, or against the keeper thereof, shall, on conviction, be adjudg-
208 CRIMES AND PUNISHMENTS.
ed guilty of a misdemeanor, and punished by imprisonment in a county jsril not
exceeding one year, and by fine not exceeding one thousand dollars.
§ 16. Every person who shall bet any money or property, or play at or tipon
any gaming table, bank or device prohibited by the preceding section, or who' shall
bet upon or play at any game played at or by means of any such gaming table, bank
or other device, or on the side or against the keeper thereof, shall, on conviction,
be adjudged guilty of a misdemeanor, and punished by [fine] not exceeding twenty-
five dollars.
§ 17. Every person who shall suffer or permit any gaming table, bank or device,
prohibited by the preceding provisions, to be set up or used for the purpose of
gaming in any house, building, shed, booth, shelter, lot or other premises to him
belonging or by him occupied, or of which he hath at the time the possession or
control, shall, on conviction, be adjudged guilty of a misdemeanor, and punished
by fine not exceeding five hundred dollars, or imprisonment in a county jail not
exceeding six months, or by both such fine andimprisonment.
§ 18. Every person who shall set up or keep a common gaminghouse, or a
bawdy house, or brothel, shall, on conviction, be adjudged guilty of a misdemeanor,
and be punished by imprisonment in a county jail not exceeding one year, or by
fine not exceeding five hundred dollars, or by both such fine and imprisonment.
§ 19. Every person who shall knowingly lease, or let to another, any house or
other building for the purpose of setting up, or keeping therein, any of the gaming
tables, banks or other gambling devices, prohibited by the preceding provisions, or
for the purpose of being used or kept as a gaming house, brothel or bawdy house,
shall, on conviction, be adjudged guilty of a misdemeanor and punished by impris-
onment in a county jail not exceeding three months, or by fine not exceeding five
hundred dollars, or by both such fine and imprisonment.
§ 20. Every person appearing or acting as master or mistress, as having the care,
use or management for the time, of any prohibited gaming table, bank, or device,
shall be deemed a keeper thereof; and every person who shall appear or act as
master or mistress, or having the care, use or management of any house or building,
in which any gaming table, bank or device is set up or kept, or of any gaming
house, brothel, or bawdy house, shall be deemed to be the keeper thereof.
{21. Whenever any lessee of any house or building shall be convicted of suflTer-
ing or permitting any prohibited gaming table, bank or device, to be setup, kept or
used therein for the purpose of gaming, or keeping in the same a bawdy house,
brothel or common gaming house, the lease or agreement for letting such house or
building shall become void, and the lessor may enter upon the premises so let, and
shall have the same remedies for the recovery thereof as in the case of a tenant
holding over his term.
5 22. No person shall be incapacitated or excused from testifying, touching any ,
offence committed by another against any of the foregoing provisions relating to ,
gaming, by reason of his having betted or played at any of the prohibited games
or gaming devices, but the testimony which may be given by such person shall in
no case be used against him.
§ 23. Wheneverany judge or justice of the peace shall have knowledge, or shall
CRIMES AND PUNISHMENTS. 209
receive satisfactory information, that there is any prohibited gaming table or
gambling device, kept or used within his county, it. shall be his duty forthwith to
issue his warrant, directed to the sheriff or any constable, to seize and bring before
said judge or justice such gaming table or other device.
§ 24. If any judge or justice have knowledge, or shall be satisfactorily informed,
of the name or description of the keeper of any such prohibited gaming ta.ble or
device, he shall also issue his warrant to apprehend such keeper and bring him
before such judge or justice.
5 25. The officer who shall be charged with the execution of any warrant, speci-
fied in either of the iwo last sections, shall have power, if necessary, to break open
doors for the purpose of executing the same, and for that purpose may summon to
his aid the power of the c ounty.
§ 26. It shall be the duty of every judge or justice of the peace, before whom
any such prohibited gaming table ortlevlce shall be brought, to cause the same to bo
publicly destroyed, by burning or otherwise.
§ 27. Every person who shall wilfully, maliciously or contemptuously, disquiet
or disturb any congregation or assembly of people, met for religious v.'orship, by
making a noise, or by rude or indecent behavior or profane discourse within their
place of worship, or so near to the same as to disturb the order or solemnity of the
meeting, or menace, threaten or assault any person there being, shall be deemed
guilty of a misdemeanor, and punished by fnie not exceeding one hundred dollars,
and, if unable to pay the fine, by confinement in the county jail not exceeding
three months.
§28. Every person v.dio shall either labor" himself, or compel his appren^Jce,
servant or slave, or any other person under his charge or control, to ^abor or
perform any work, other than the household offices of daily r-:cessity, or
other works of necessity or charity, on the first day of the week, r^mmonly called
Sunday, shall be deemed guilty of a misdemeanor, and fined -'iC't exceednig five
dollars.
§ 29. The last section shall not extend to any person who is a member of a
religious society, by whom any other than the first day of the week is observed
as a Sabbath, so that he observes such Sabbath, ^^or to prohibit any ferryman from
crossing passengers on any day of the week*
§ 30. Every person who shall be coi^victed of horse-racing, cock-fighting or
playing at cards or game of any kinJ, on the first day of the week, commonly
called Sunday, shall be deemed guilty of a misdemeanor and fined not exceeding
fifty dollars.
} 31. Every person who shall expose to sale any goods, wares or merchandize,
or shall keep open any ale or porter-house, grocery or tippling house, or shall sell
or retail any fermented or distilled liquor, after nine o'clock in the morning, on the
first day of the week, comnionly called Sunday, shall, on conviction, be adjudged
guilty of a misdemeanor and fined not exceeding fifty dollars.
§ 32. The last section shall not be construed to prevent the sale of any drugi
©r medicines, provisions or other articles of immediate necessity.
28
210 CRIMES AND PUNISHMENTS.
§ 33 Every person who shall sell or deliver to any other, any arsenic, corrosive
sublimate, prussic acid, or any other su1)stance or liquid, usually denominated
poisonous, without having the word "poison" plainly written or prmted on a label
attached to the phial, box, vessel or package in which it is delivered, or who shall
sell or deliver any tartar emetic, without having the true name written or printed
on a label and attached to the phial, box, vessel or package containing the same,
shall, on conviction, be adjudged guilty of a misdemeanor and fined not exceeding
twenty-five dollars.
h 34 The preceding section shall not be so construed as to extend to any prac
tising 'physician, who shall deliver any of the articles therein mentioned, with a
prescription for the use of the article.
& 35 Every person who shall maliciously and cruelly maim, beat, or torture any
horse, oxor other cattle, whether belongingto himself or another, shall, on convic-
tion, be adjudged guilty of a misdemeanor and fined not exceedmg fifty dollars
6 36. Every person who shall cruelly or inhumanly torture, beat, wound oi
abuse any slave in his employment or under his charge, power or control, whether
belon^in ' to himself or another, shall, on conviction, be punished by imprisonment
in a county jail not exceeding one year, or by fine not exceeding one thousand
dollars, or by both such fine and imprisonment.
& 37 If any person shall wilfully open or read, or cause to be read, any sealed
letter not addressed to himself, without authority so to do from the ™ter thereof
or the person to whom it is addressed, he shall, on conviction, be adjudged guilty of
a misdemeanor, and shall be punished by fine not exceeding two hundred and fifty
dolkrs, or by imprisonment in a county jail not exceeding three months.
§ 38. Every person who shall publish the whole or any part of the contents
of such lei^^r, without the authority of the writer thereof, or of the person to
whom it is addressed, knowing the same to have been so unlawfully opened, shall,
upon conviction, L.. adjudged guilty of a misdemeanor, and punished as m the
preceding section is si^.cified.
§ 39. The two last sec-4ons shall n-ot extend to the breaking open ot ietteis
which shall be punishable by she laws of the United States.
§ 40. Every person who shalKe convicted of any felony punishable under any
of the provisions of this article, sha'J. be thereafter disqualified from holding any
office of honor, profit or trust, or voting at any election within this state.
§ 41. Every person who shall be convicted of any of the oflences specified in
the seventh and eighth sections of this article, shall, in addition to the disabilities
■ specified in the last section, be incompetent to be sworn as a juror or witness m
any cause, civil or criminal.
ARTICLE IX.
Genet^al provisions concerning crimes and punishments.
SCO 1. PunislinientB for attempting to commit offences.
2. When convictions not to ba bad for attempts to commit crime., &c.
3, if 4. Proceedingg asainst persons stealing in another state, <^o.
CRIMES AND PUNISHMENTS. 211
Sec 5. Punishment of principals in second degree, and accessaries before the fact.
6. Punishment for concealing, or giving aid to oft'ender, after commission of a felony.
7. Punisliment for second offences. '^
8. Convic'.s in otl;er states, &?., liable to punishment of second conviction.
9. Pi'ntence of persons convicted of two or more ofFcnccs at the same time.
10. When courts may imprison for life; never less than two years in state prison.
11. Courts not authorized to impose fines when o2ender is sentenced to the state prison.
12. Cases where no punishment is prescribed by statute for a misdemeanor; how imnished.
13. For offences punishable in county jail, and no fine prescribed by law, courts may impose a fine, &c.
14. When jury may find offence in a less degree than that charged.
15. Acquittal, Sfc, on charge of one degree, to bar trial for any other degree.
16. When defendant acquitted, may be again tried for same offence.
17. When acquittal to be in bar of subsequent accusation.
18. Certain minor convicts to be sentenced to county jail, instead of state prison.
19. Effect of sentence of imprisonment in state prison for less than life ; for life, civilly dead.
20. Injuries to convicts imprisoned in the state prison.
21. Forfeitures of estates, &c., on conviction, &;c., abolished.
%2. The benefit of clergy abolished.
23. Persons disqualified to be a witness, vote, &c., according to this act; how disabilities may be removed.
^^ 24. Disabilities of convicts under certain age ; how and when removed.
25. Remedy of persons injured by commission of a felony, against property of the felon.
26 Punishment of slaves for larceny, Sec, or other oficnccs under this act, where the punisnment is by fiue
and imprisonment in the county jail.
27. Slave charged with offences specified in last section ; how tried.
28. On such trial, jury may be summoned, ^-c.
29. Fines against persons other than a slave ; how recovered.
30. Circuit courts liavc exclusive original jurisdiction in all cases of felony, ^-c
31. & 32. Slaves convicted of felony, and sentenced to state prison for less than life, how he may be disposed of.
33. Governor may commute punishment of slaves under the provisions of the two last sections.
34. How the order of the governor, for commutation, to be executed.
35. Persons injured by an offen(fe committed by a slave ; remedy against the master.
36 to 43. Definition of terms " felony." " infamous crime," " misdemeanor," " crime," " offence," " criminal
offence," " personal property," " real property," " real estate," " property," " person," SfC,
44. Persons, with respect to whom intent to defraud, may be charged.
,§ 1. Every person who shall attempt to commit an offence prohibited by law,
and in such attempt shall do any act towards the commission ot" such offence, but
shall fail in the perpetration thereof, or shall be prevented or intercepted in execut-
ing the same, upon conviction thereof, shall, in cases where no provision is made by
law for the punishment of such attempt, be punished as follows:
First, If the offence attempted to be committed be such as is punishable by
the death of the offender, the person convicted of such attempt
shall be punished by imprisonment in the penitentiary not exceed-
ing ten years.
Second, If the offence so attempted, be punishable by imprisonment in the
penitentiary for four years or more, the person convicted of such
attempt shall be punished by imprisonment in the penitentiary for a
term not exceeding one half of the longest time of imprisonment
prescribed upon a conviction for the offence so attempted.
Third, If tlie offence so attempted, be punishable either by imprisonment in
the penitentiary for a term less than four years, or in a county jail,
the person so convicted of such attempt shall be punished by
imprisonment in the county jail not exceeding one yeai.
213 CRIMES AND PUNISHJVIENTS,
Fourth^ If the offence so attempted, be punishable by imprisonment and fine,
the offender convicted of such attempt may be punished by both
imprisonment and fine, or either, not exceeding one half the longest
' time of imprisonment, and one half of the greatest fine which may
be imp'^sed upon a conviction for the offence so attempted.
Fifthf If the offence attempted, be punishable by fine only, the offender
convicted of such attempt, shall be liable to a fine not exceeding one
half of the greatest fine which may be imposed upon a conviction
of the offence so attempted.
§ 2. No person shall be convicted of an assault with an intent to commit a
crime, or of any other attempt to commit any offence, when it shall appear that
the crime intended, or the offence attempted, was perpetrated by such person at
the time of such assault, or in pursuance of such attempt.
§ 3. Every person who shall steal, or obtain by robbery, the property of another^
in any other state, or country, and shall bring the same into this state, may be
convicted and punished for larceny, in the same manner as if such property had
been feloniouslv stolen or taken within this state; and, in any such cases, the
larceny may be charged to have been committed, and may be indicted and punish-
ed, in any county, into or through which such stolen property shall have been
brought.
5 4. Every person prosecuted under the last section, may plead a former convic-
tion or acquittal for the same offence in another state or country, and if such plea
be admitted or establi'^hed, it shall be a bar to any other or further proceedings
against such person.
§ 5. Every person who shall be a principal in the second degree in the commis-
sion of any felony, or shall be an accessary to any murder or other felony, before
the fact, shall, upon conviction, be adjudged guilty of the offence in the same
degree, and be punished in the same manner, as herein prescribed with respect to
the principal in the first degree.
§ 6. Every person who shall be convicted of having concealed any offender
after the commission of any felony, or having give to such offender any other aid,
. knowing that he has committed a felony, with the intent, and in order that he may
avoid or escape from arrest, trial, conviction or punishment, and no other, shall be
deemed an accessory after the fact, and upon conviction, shall be punished by impri-
sonment in the penitentiary not exceeding five years, or in the county jail not
exceeding one year, or by fine not exceeding five hundred dollars, or by both such
fine and imprisonment.
§ 7. If any person convicted of any offence, punishable by imprisonment in the
penitentiary, or of petit larceny, or any attempt to commit an offence, which, if
perpetrated, would be punishable by imprisonment in the penitentiary, shall be
discharged, either upon pardon or upon compliance with the sentence, and shall
subsequently be convicted of any offence committed after such pardon or
discharge, he shall be punished as follows:
CRIMES AND PUNISHMENTS. 213
First, If such subsequent offence be such, that, upon a first conviction, the
offender would be punishable by imprisonment in the penitentiary
for life, or for a term which, under this act, might extend to imprison-
ment for life, then such person shall be imprisoned in the penitentiary
during life.
Second, If such subsequent offence be such, that, upon a first conviction, the
offender would be punishable by imprisonment for a limited term of
years, then such person shall be punished by imprisonment in the
penitentiary for the longest term prescribed upon a conviction of
such fii^st offence.
Third, If such subsequent conviction be for petit larceny, or for an attempt
to commit an offence, which, if perpetrated, would be punishable by
imprisonment in tiie penitentiary, the person convicted of such sub-
sequent offence shall be punished by imprisonment in the penitenti-
ary for a term not exceeding five years.
§ 8. Every person who shall have been convicted in any of the United States,
or in any district or territory thereof, or in a foreign country, of an offence which,
if committed within this state, would be punishable by the laws of this state by
imprisonment in the penitentiary, shall, upon conviction for any subsequent
offence within this state, be subject to the punishment herein prescribed upon sub-
sequent convictions, in the same manner, and to the same extent, as if such first
conviction had taken place in a court of this state.
§ 9. When any person shall be convicted of two or more offences, before sen-
tence shall have been pronounced upon him for either offence, the imprisonment
to which he shall be sentenced upon the second, or other subsequent conviction,
shall commence at the termination of the term of imprisonment to which he shall
be adjudged on prior convictions.
§ 10. Whenever any offender is declared by law punishable upon conviction in
the penitentiary, for a term not less than any specified number of years, and no
limit to the duration of such imprisonment is declared, the offender maybe sen-
tenced to imprisonment during his natural life, or for any number of years not less
than such as are prescribed; butno person shall, in any case, be sentenced to impri-
sonment in the penitentiary for any term less than two years.
§ 11. Whenever any offender is declared by law punishable upon conviction, by
imprisonment in the penitentiary, or by imprisonment in a county jail, or by fine,
or by both such fine and imprisonment, it shaU not be construed to authorize the
imposition of a fine, where the offender is sentencedto imprisonment in the peniten-
tiary.
} 12. Whenever any offence is declared by statute to be a misdemeanor, and no
punishment is prescribed by that or any other statute, the offender shall be punished
ijy imprisonment in a county jail, not exceeding six months, or by fine not exceeding
two hundred dollars, or by both such fine and imprisonment.
§ 1 3. Upon conviction for any offence, punishable by imprisonment in a county
214 CRLMES AXD PU>-ISH3rENTS.
jail, in relation to which no fine is by law prescribed, a fine may be imposed on the
offender not exceeding one hundred dollai-s.
I U. Upon an indictment for any offence, consisting of different degrees, as pre-
scribed by tiiis act, the jury may find the accused not guilty of the offence charged
in the indictment, and may find him guilty of any degree of such offence, inferior
to that charged in the indictment, or of an attempt to commit such offence.
{ 15. When a defendant shall be acquitted or convicted upon any indictment for
any offence, consisting of different degrees, as specified in this act, he shaU not
thereafter be tried or convicted of a different degree of the same offence, nor shall
he be tried or convicted lor an attempt to commit the offence charged in the
indictment, or to commit any degree thereof.
{ 16. When a defendant shall have been acquitted of a criminal charge upon trial,
on the eround of vaiiance between the indictment and the proof, or upon any
exception to the former substance of the indictment, he may be tried and convicted
on~a subsequentindictment for the same offence, or any degree thereof.
§ 17. ^^lien a defendant shall have been acquitted upon atrial on the merits and
facts, ^d not on anv groimd stated in the last section, he may plead such acquittal.
in bar to any subsequent accusation for the same offence, notwithstanding any
defect in form and substance in the indictment upon such acquittal was had.
§ 18. Whenever any person under the age of sixteen years shall be convicted
of any felony, he may be sentenced to imprisonment in a county jail not exceed-
ing one year, instead' of imprisonment in the penitentiarj-, as prescribed by the
preceding provisions of this act.
§ 19. A sentence of imprisonment in the penitentiary for a termless than for life^
suspends all civil rights of the person so sentenced during the terim thereof, and
forfeits all public offices and all private trusts, authority and power; and a person
sentenced to such imprisonment for life, shall, thereafter, be deemed civilly dead,
§ 20. The person of a convict sentenced to imprisonment in the penitentiar}-, is
under the protection of the law, and any injury to his person, not authorized bj law,
shall be punishable in the same manner as if he was not sentenced or convicted.
) 21. No conviction of any person, for any offence whatever, shall work corrup-
tion of blood, or anv forfeiture of any estate, or any right or interest tlierein ; and aU
forfeiture, in cases of suicide, or death by casualty, or where any person shall flee
from justice, are abolished.
§ 22. The benefit of clergy, in criminal cases, and all appeals of felony, are
forever abolished.
§ 23. When any person shall be senteiiced upon a conviction for any offence,
and is therebv. according to the provisions of this act, disqualified to be sworn as a
witness or juror in any cause, or to vote at any election, or to hold any office of
honor, profit or trust within this state, such disabilities may be removed ,hy al
pardon by the governor, or by an act of the legislature, and not otherwise, excepM
in the case in the next section specified. ^
\ 24. If such convict shall have committed the offence, while within the age of
sixteen vears, and such conviction shall be for a first offence, all civil disabilities
CRIMES AND PUNISHMENTS. 215
mcurred, shall be removed, and his competency restored at the expiration of the
term of imprisonment to which he shall have been sentenced.
{ 25. In no case shall the right of action of any party injured by the commission
of a felony, be deemed or adjudged to be merged in such felony, but he may recover
the' amount of damages sustained thereby in an action to be brought before any
court or tribunal of competent jurisdiction.
{ 26. If any slave shall commit petit larceny, or shall steal any neat cattle,
sheep or hog, or be guilty of any misdemeanor or other ofience, punishable under
the provisions of this act, only by fine, or by imprisonment in a county jail, or by
both such fine and imprisonment, he shall, instead of such punishment, be punished,
if a male, by stripes on his bare back, not exceeding thirty-nine; or, if a female, by
imprisonment in a county jail not exceeding twenty-one days, or by stripes not
exceeding twenty-one, at the discretion of the owner.
§ 27. Every slave charged with the commission of any of the offences specified
in the last section, shall be tried in a summary manner, before a justice of the peace
of the county in which the offence is committed, and such justice (if a jury is not
required as provided for in the next section) shall hear the evidence, determine the
cause, [and,] on conviction, pronounce sentence and cause the same to be executed.
§ 28. If any slave, or his master, in any case cognizable before a justice of the
peace, shall require a jury, the justice shall cause such jury to be summoned,
sworn and empannelled, who shall determine the facts and assess the punishment
in case of conviction, and the justice shall enter judgment and cause the same to
be executed.
§ 29. When any ofience, punishable by fine only, and such fine is limited to one
hundred dollars, shall be committed by any person other than a slave, such fine
shall be recovered by action of debt, to the use of the county, before any justice
of the peace of the county in which the offence is cummitLed.
5 30. The circuit courts shall have exclusive original jurisdiction in all cases
of felony, and of all offences not herein expressly declared to be cognizable
before a justice of the peace.
§ 31. When any slave shall hereafter be convicted of a felony, and shall be
sentenced to imprisonment in the penitentiary for a term less than life, the court,
before whom such coviction is had, on the application ofthe owner or other person
having charge of such slave, shall, instead of such imprisonment, sentence the
offender to receive, on his bare back, any number of lashes not exceeding thirty-
nine, and order him to be removed or sent out of the state, and for that purpose
cause him to be delivered to the applicant, on the terms in the next section specified.
§ 32. Before such slave shall be delivered to any person, the applicant shall pay
all costs of prosecution and maintenance of such slave, and shall enter into bond
to the state in the sum of one thousand dollars, with one or more sureties, to be .
approved by the court, conditioned that such slave be taken or sent out of this
state, within sixty days after delivery to such applicant, and shall not return to this
state for twenty years thereafter, without lawful permission.
216 CRIMES AND PUNISHMENTS.
$ 33. It shall be lawful for the governor, at any time, to commute the punishment
of a slave sentenced to imprisonment in the penitentiary for a term of years less
than for life, in the manner specified in the ihirty-first section of this article, on the
application of the owner or other person having the charge of such slave, and bond
given as specified in the last section.
§ 34. In case uf such commutation being made by the governor, he shall issue his
warrant under the seal of the state, specifying therein the punishment to be inflicted*
and directing the officer in whose custody the slave may be, to inflict such punish"
ment, and deliver the slave to the person therein named, on the payment of costs,
which warrant shall be executed accordingly.
§ 35. Every person who shall be injured by the commission of any offence
against his person, as specified in the second article, or against his property, as spe-
fied in the third article of this act, committed by a slave, shall have an action
against the master or owner of such slave for the time, to recover any damages
by him sustained by the commission of such offence, not exceeding in amount the
value of the slave.
§ 36. The term " felony," when used in this act, or any. other statute, shall be con-
strued to mean any offence for which the offender, on conviction, shall be liable
by law to be punished with death or by imprisonment in the penitentiary, and no
other.
§ 37. Whenever the term "infamous crime" is used in this or any other statute, [it]
shall be construed as including every offence for which the offender, on conviction,
or sentence, is declared to be disqualified or rendered incompetent to be a witness
or juror, or to vote at any election, or to hold any office of honor, profit or trust
within this state.
§ 38. The term ''misdemeanor," as used in this or any other .statute, shall be
construed as including every offeuoe punishable only by fine, or imprisonment, or
both.
§ 39. The terms "crime," "offence" and "criminal offence," when used in this
or any other statute, shall be construed to mean any offence, as well misdemeanor
as felony, for which any punishment by imprisonment or fine, or both, may by law
be inflicted.
§40. The term ^"personal property," as used in this act, shall be construed to
mean goods, chattels, effects, evidences of right in action, and all written instru,
ments by which any pecuniary obligation, or any right or title to property real, or
personal, shall be created, acknowledged, assigned, transferred, increased, defeated,
discharged or diminished.
§ 41. The terms "real property" or "real estate," as used in this act, includes
every estate, interest and right in lands, tenements or hereditaments.
42. The term "property," as used in this act, includes "personal property" and
"real property," or real estate, as defined in the two last sections.
43. When the term "person" is used in this act, to designate the party •whose
property may be the subject of any offence, such term shall be construed to include
the United States, this state, or any other state, government or country, county, or
DECISIONS OF THE SUPREME COURT. 217
any other municipal, public or private corporation, which may lawfully own any
property within this state, as well as individuals.
§ 44. Where any intent to injure, defraud or cheat, is required by law to be
shewn, in order to constitute any offence, it shall be sufficient if such intent be to
injure, defraud or cheat the United States, this state, or any other state or country,
or the government, or any public officer thereof, or any county, city, town, or
village, or any corporation, body politic or private individual.
[This act to] take effect from and after the first day of December next.
Approved^ March 20lh, 1835.
DECISIONS OF THE SUPREME COURT.
An act to provide for the filing and reporting the decisions of the supreme court.
?Ec.l. The attorney general ti be, esoflicio, reporter.
2. Counsel to make brief statement of tlie points and autliorities, S^c; to be filed.
3. Opinion of the court shall be in writing and filed ; what they shall contain.
4. Clerk to indorse day of filing ; sliall make a true copy thereof.
5. Duty of clerk in making out copy of points, and authorities, cited by counsel ; shall transmit the same.
with copy of decisions, to reporter.
6. Penalty on clerk failing, .^-c. ; how to proceed against him.
7- Duty of the reporter to prefix to each decision, notes containing the points, S;c.
8. When and how reports to be published.
9. What to be prefixed to the semiannual part, and what at the last part of each volume.
10. How and when index to be published.
11. 1,500 copies to be published; the size, type, &;c.
12. How to be stitcheJ, bound, &c., for distribution.
13. Two copies, when to be transmitted to the clerk of each court.
14. One copy bo transmitted shall be for the use of the court, other to be kept in the office.
15. When decisions are completed, to be delivered to tlie secretary of state.
16. 20 copies deposited in state library, one copy to be transmitted to the federal and state executiveg.
17- A number equal to the number of justices of the county court, to be transmitted to their clerk.
18. To whom the clerk of each county court shall deliver a volume.
19. Contract for printing and binding to be let to the lowest bidder.
20. Compensation to clerks of supreme court for making out transcripts.
21. Compensation to the reporter.
Be it enacted by the general assembly of the state of Missouri, as follows :
§ 1. The attorney general shall be, ex-officio, reporter of the opinions andde^is-
'ons of the supreme court of this state.
§ 2. The counsel, who make briefs under the rules and regulations of tAe supreme
court, shall, after the statement of the cause, briefly state the point^j which brief,
containing the points and authorities, shall be filed with the op'^^ion of the court,
and make part of the papers in the cause.
§ 3. The opinion of the court shall, in all cases, be reduced to writing and filed
in the cause to which it relates, which shall apply as well to motions which will
dispose of a cause, as to final decisions. The opinions shall always contain a suffi-
cient statement of the cause, so that the same may be understood without reference
to the record and proceedings in the same ; and it shall always appear in the opin-
ion, which of the judges delivered the same, and who concurred or dissented.
29
I
218 DECISIONS OF THE SUPREME COURT.
■ § 4, The clerk of the eupreme court shall, when any opinion of the court is filed
in his office, endorse thereon the day it is filed, and enter the same on his minutes,
and shall, within thirty days thereafter, make a true copy thereof.
§ 5. The clerk shall, also, at the same time, make out a true copy of the points
and citation of authorities by the counsel, as provided by the second section of this
act, o-iving the names of counsel who signed the briefs, and distinguishing the same
from the o;ii:ions of the court, and shall certify the same with a true copy of the
decisions in the cause, under the seal of the court, and transmit the same to the
reporter v/ithin thirty days.
§ G. If nny clerk of the supreme court fail to make out, certify, and transmit
copies as aforesaid, within the time aforesaid, he shall be fined in any sum not less
than twenty dollars, nor more than one hundred dollars, in the discretion of the
court of which he is clerk; and it shall be the duty of the reporter, in case said
copies are not received by him, to certify that fact to the supreme court for the
proper district, who shall examine into the matter; and if the court find said co-
pies were not made out, certified and transmitted as aforesaid, shall enter up a fine
as aforesaid to the state, against the clerk, whi(;h shall be collected and certified to
the auditor as in other cases.
§ 7. The reporter shall prefix to each decision a note or notes, containing the
points decided, and shall make proper marginal notes to every paragraph of each
opinion, stating briefly the principles there decided, and shall, from time to time>
furnish the printer who may be employed to print the same, the copies and notes
aforesaid.
§ 8. The reports shall be published semi-annually in parts, each part to contain
' ijie decisions of the supreme court, in the several districts, at the terms next preced.
ing; they shall be printed in continuous paging, until there shall be sufficient
matter to form one volume of not less than six hundred pages.
§ 9. There shall be prefixed to each semi-annual part, the title of the causes
therein reported, and a brief note of the points to which the decisions relate; there
shall also be prefixed to, and published with, the last part of each volume, a title
page and an alphabetical list of the cases therein reported.
§ 10. The reporter shall make out and publish with the last part of each volume^
(except every fifth one) a complete index to such volume; and he shall make out
and pub\vsh with the last part of every fifth volume, a complete index to the con-
tents of tlia^. and the next four preceding volumes.
§ 11. There shall be printed and published, fifteen hundred copies of each vol-
ume of the reports, of a super-royal octavo size, on such type and paper as shall be
approved by the reporter.
§ 12. As many copies of each part as may be necessary for distribution in that
form, shall be stitched and neatly covered with strong paper; the residue shall be
neatly bound in law binding, as soon as may be, after a volume is completed.
§ 1 3. It shall be the duty of the reporter to transmit to the clerk of each court of
record, two copies of each part of the report, as soon as practicable after it is
published and ready for delivery.
DEPOSITIONS. 219
§ 14. One of the copies to be delivered to the clerk shall be for the use of the
court of which he is clerk, and the other shall be kept in his office, free to the inspec-
tion and examination of all persons.
§ 15. As soon as the printing and binding the copies of any volume shall be
completed, they shall be delivered to the secretary of state on his order, to be dis-
posed of by him as hereinafter provided.
§ 16. Twenty copies of each volume shall be deposited in the state library;
one copy shall be transmitted to the executive of the United States, and the gover-
nor of each state in the union.
§ 17. The secretary of state shall transmit to the clerk of the county court in
each county, a number of copies equal to the whole number of justices of the
county court of each county.
§ 18. The clerks of the county courts, respectively, shall deliver to each justice
of the county court, and justice of the peace, one copy of each volume, and take
his receipt therefor.
§ 19. The reporter shall let out the contracts for the printing and binding required
by this act, to the lowest and best bidder; but no contract shall embrace more than
one volume, nor shall any contract be made for a second volume until the previous
one be complied with.
§ 20. The clerks of the supreme court, for making out transcripts for publication
as aforesaid, shall receive, respectively, eight cents for every hundred words the
transcripts may contain.
§ 21. The reporter shall receive, as a full compensation for his services required
Dy this act, one hundred and fifty dollars per annum, to be paid quarterly, out of
the appropriation for the pay of civil officers; he shall also receive twelve and a
half cents for every mile he must necessarily travel, in going from his place of
residence to the place Xvhere the work is executed and returning thence, to be paid
out of the general contingent fund.
Approved^ March 20th, 1835.
DEPOSITIONS.
A71 act concerning depositions.
Sec. 1. Depositions may be obtained, when.
2- Witness residing out of the state, commission to laks the deposition, S;c.
3. Commission, how issued and to wliom directed.
4 Power and duty of tlie officer taking tlie deposition under tbe commission.
5. Witness residing in tlie state, bow bis deposition may be taken.
6. Notice of the time and place of taking depositions to be given.
7. What shall be notice if the adverse party or his attorney do not reside in tlie state.
8. Notice to take depositions to be given.
9. On affidavit, special commission to issue.
10. To whom such commission shall bo directed, &c.
11. Interrogatories to be annexed to the commission; how to be drawn up and signed.
12. Duty of the person taking the deposition ; examination, &c., to be reduced to writing.
13. Witnesses to be examined on oath.
220 DEPOSITIONS.
Sbo. 14. Officere taking depositions may compel the attendance of witnesses.
15. Certificate of the officer taking the deposition to be appended ; what it must show
16. Official character of officers in foreign country, how attested.
17. Official character of officers within the United Slates, Sec, how attested.
18. Exhibits, interrogatories, &c., to be inclosed in the deposition.
19. When depositions taken according to this law, may be read.
20. Certificate of the officer, &c., as to residence of the witness, prima facia evidenc* of the fact.
21. Objections to the competency, &;c., of witnesses, or relevancy, tc, of questions, &c., how taken.
Be it enacted by the general assembly of tlte state of Missouri^ as follows:
§ 1. Any party to a suit depending in any court of record in this state, may ob-
tain the deposition of anj witness, to be used in such suit conditionally.
{ 2. Where the witness resides out of this state, the party desiring his testimony
may sue out of the court in which the suit is pending, or out of the office of the
clerk thereof in vacation, a commission to take the deposition of the witness.
§ 3. The commission shall be under the seal of the court, and shall be directed
to any judge, justice of the peace, or other judicial officer, within the government
where the witness resides.
§ 4. The commission shall authorize such officer to cause to come before him,
such person or persons as shall be named to him by the party suing the same, and
shall command such officer to examine such person touching his knowledge of any
thing relating to the matter in controversy, and to reduce such examination to
writing and return the same, annexed to the commission, to the court wherein the
action is pending, with all convenient speed.
§ 5. Where the witness resides in this state, the deposition may be taken before
any judge or justice of the peace thereof, without any commission or order from any
court or clerk.
§ 6. In all cases where depositions shall be taken by virtue of any of the preced-
ing sections of this law, the party at whose instance the same shall be taken, shall
cause notice, in writing, of the time and place of taking such depositions to be served
on the adverse party, if he resides in this state, and if not, then on his attorney of
record in the cause.
§ 7. If neither the adverse party, nor his attorney of record in the cause, reside
in this state, causing such notice to be put up in the office of the clerk of the court
wherein such suit is pending, shall be a sufficient notice.
§ 8. In all cases where notice is required by this law to be served on the adverse
party, the same shall be served at least three days before the day of taking the depo-
sitions, and one day additional for every twenty-five miles of distance from the
place of serving or setting up such notice, to the place of taking the depositions.
} 9. Where any party to any suit, pending in any court of record in this state,,
shall make application to such court, in term time, for a commission to take the
examination of witnesses, and shall support such application by affidavit, and shall
have given to the adverse party reasonable notice of such application, the court
may, upon such terms as it shall think proper, award such commission.
§ 10. The commission shall be to such person as the court shall appoint to be
named in the commission, or to any judicial officer of the government in which the
DEPOSITIONS. 221
witnesses reside, commanding such person, or officer, to examine such witnesses
(naming them,) upon interrogatories.
§ 11. The interrogatories shall be annexed to the commission, and shall be
drawn and signed by the parties or their counsel in the cause, under the sanction
and direction of the court.
§ 12. The commission shall further command the person or officer, to whom the
same is directed, to reduce the examination of the witnesses, and their answers to
the interrogatories annexed, to writing, and return the same, with the commission,
into the couit, with all convenient speed; and the person or officer shall examine
the witnesses named in the commission, touching the matters contained in the inter-
rogatories annexed, and none others, at any time and place, w^hen and where such
witnesses may be found.
§ 13. Every witness examined in pursuance of this law, shall be sworn or affirmed
to testify the whole truth, and his examination shall be reduced to writing in the
presence of the person or officer be'fore whom the same shall be taken.
§ 14. Every person, judge, or justice of the peace in this state, required to take
the depositions or examination of witnesses, in pursuance of this law, or by virtue
of any commission issued out of any court of record, in this or any other govern-
ment, shall have power to issue subpoenas for witnesses to appear and testify, and to
compel their attendance in the same manner and under like penalties as any court
of record of this state.
{15. To every deposition or examination, taken by virtue of this law, shall be
appended the certificate of the person or officer, by or before whom the same shall
be taken, shewing that the deposition or examination was subscribed and sworn to
by the witness, and the day on which it was done.
5 16. Depositions or examinations taken by any judge, justice of the peace or
other judicial officer, out of this state, by virtue of any commission issued in pur-
suance of this law, shall be accompanied by a certificate of the official character of
such officer, attested by the seal of state of the government in which the deposi-
tions or examinations were taken.
§ 17. The official character of any such officer, taking depositions or examinations
within any of the United States, or any of the territories of the United States, authen-
ticated and proved by the certificate and seal of the clerk of any court of record,
within any county of the state or territory, where such officer resides, and certify-
ing, also, that such officer was an acting judge or justice of the peace, and duly
commissioned as such, at the time when the depositions were taken, shall be a suffi-
cient authentication, any thing in the preceding section notwithstanding.
§ 1 8. Depositions or examinations taken by virtue of any of the provisions of
this law, and all exhibits produced to the person or officer taking such examinations
or depositions, and proved or referred to by any witness, together with the com-
mission and interrogatories, (if any.) shall be enclosed, sealed up and directed to the
clerk of the court in which the action is pending.
§ 19. Examinations oi depositions taken and returned in conformity to the pro-
visions of this law, may be read and used as evidence in the cause in which it shall
222 DESCENTS AND DISTRIBUTIONS.
have been taken, as if the witness were present and examined in open court, on
the trial thereof,
First, If the witness reside, or is gone, out of the state.
Second, If he be dead.
Third, If, by reason of age, sickness or bodily infirmity, he be unable or can-
not safely attend the court.
Fourth, If he resides at a greater distance than sixty miles from the place of
trial.
Fifth, If he be gone to a greater distance than sixty miles from the place of
trial, without the consent or collusion of the party requiring his tes-
timony.
{ 20. When the officer taking depositions in virtue of this law, shall, in his certifi-
cate, state the place of residence of the witness, such statement shall be prima facia
evidence of the facts.
§ 21. Every objection to the competency or credibility of a witness examined,
or to the competency or relevancy of any question put to him, or of any answer
given by him, may be made in the same manner and with the like effect as if such
witness were personally examined at the trial.
Approved, February \Ath, 1835.
DESCENTS AND DISTRIBUTIONS.
An act to direct descents and distributions.
Sec. 1. Eeal estate, &c., to whoiu to descend; course of descent.
2. Posthumous children to inherit ; none except the children of the intestate to take, unless In being nt the
intestate's death.
3. Rule where the inheritance is to go by the moieties to the paternal and maternal kindred.
4. Where some are of the whole and others of the half blood.
5. When they shall take per capita, when per stirpes,
6. Advancements made may be brought into hotchpot.
7. Alienage of ancestor, no bar.
8. Bastards may inherit,
9. When bastards shall be legitimated.
10. Marriages deemed null in law, or dissolved by divorce, issue shall be legitimate.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. When any person, having title to any real estate of inheritance, or personal
estate undisposed of, or otherwise limited by marriage settlement, shall be intestate
as to such estate, it shall descend and be distributed in parcenary to his kindred,
male and female, subject to the payment of his debts and the widow's dower, in
the following course :
First, To his children, or their descendants, in equal parts.
Second, If there be no children, or their descendants, then to his father, mother,
brothers and sisters, and their descendants, itt. equal parts.
Third, If there be no children, or their descendants, father, mother, brother,
or sister, nor their descendants, then to the grand-father, grand-
mother, uncles, and aunts, and their descendants, in equal parts.
DESCENTS AND DISTRIBUTIONS. 223
Fourthj If there be no children or their descendants, father, mother, brother,
sister, nor their descendants, grand- father, grand-mother, uncle,
aunt, nor their descendants, then to the great grand-fathers, great
grand-mothers, and the brothers and sisters of the grand-fathers and
grand-mothers, 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.
} 2. All posthumous children of the intestate, shall inherit in like manner as if
born in the life-time of the intestate; but no right of inheritance shall accrue to
any person, other than the children of the intestate, unless they be in being, and
capable, inlaw, to take as heirs at the time of the intestate's death.
§ 3. If there be no children, or their descendants, father, mother, brother nor
sister, nor their descendants, nor any paternal nor maternal kindred, capable of
inheriting, the whole shall go to the wife, or husband of the intestate; and if the
wife or husband be dead, it shall go to her or his kindred, in the like course as if
such wife or husband had survived the intestate, and then died entitled to the estate.
{ 4. Where the inheritance is directed to pass to the ascending and collateral
kindx-ed of the intestate, if part of such collaterals be of the whole blood of the
intestate, and the other part of the half blood only, those of the half blood shall
inherit only half as much as those of the whole blood; but if all such collaterals
be of half blood, they shall have whole portions, only giving to the ascendants
double portions.
{ 5. When several lineal descendants, all of equal degree of consanguinity to
the intestate, or his father, mother, brothers or sisters, or his grand-father, grand-
mother, uncles and aunts, or any ancestor living, and their children, come into
partition, they shall take per capita, (that is) by persons; where a part of them is
dead, and a part living, and the issue of those dead have right to partition, such
issue shall take^er stirpes, (that is,) the share of their deceased parent.
§ 6. When any of the children of the intestate shall have received in his life-
time any real or personal estate, by way of advancement, shall choose to come
into partition witli the other parceners, such advancement shall be brought into
hotchpot with the estate descended.
§ 7. In making title by descent, it shall be no bar to a demandant that any ances-
tor, through whom he derives his descent from the intestate, is or has been an alien.
§ 8. Bastards shall be capable of inheriting and transmitting inheritance on the
part of their mother, in like manner as if they had been lawfully begotten of such
mother.
§ 9. If a man having by a woman a child or children, and afterwards shall inter-
marry with her, and shall recognise such child or children to be his, they shall
thereby be legitimated.
§ 10. The issue of all marriages deemed null in law, or dissolved by divorce, shall
be legitimate.
Approved, February llth, 1835.
224 DETlNt/L'.
DETINUE.
' A?i act concerning the action of detinue'^
Sbc. 1. Capias to issue on affldavU, ball required.
2. Defendant committed, &.C., unless he give bond; Gondhion of the bond.
3. Officer failing to return a bond, or an insufficient one, to be made co-defendant, &.c,
4. Remedy of the plaintiff against bail, and the officer when made co-defendant.
5. Amount of bail may be reduced by the court, or common appearance accepted.
6- Verdict omitting damages, inriuiry to be awarded.
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. In actions of detinue, when the plaintiff files in the clerk's ofRce the affida'
vit of himself, or of some credible person, stating that the property for which the
action is brought belongs to him, the value thereof, and the defendant unlawfully
detains the same, the clerk shall issue a writ of capias in detinue, endorse on the '
writ the amount sworn to, and a direction to the offict^r to take bail in dou'blff that
sum.
0 2. The officer charged with the execution of a capias in detinue, shall take the
defendant and commit him to jail, unless the defendant enters into a bond to the
plaintiff, with sufficient security, conditioned, that, if judgment is given again&t him
in the action, he will deliver to the plaintiff the property thereby recovered, and
pay the damages for its detention and costs of suit, and the officer shall return the
bond, with the writ, as in other cases.
§ 3. If the officer returns the writ executed, and has not the defendant accord-
ing to the command thereof, or if he fails to take or return the bond, or if the bond
returned is adjudged insufficient at the return term of the writ, and the defendant
fails to perfect his bail, if ruled thereto, the officer shall be made a co-defendant,
may defend the suit upon the pleas of the defendant, and shall be subject to the
same judgment and be joined therein.
§ 4. When a bond, taken in pursuance of this act, is forfeited, the plaintiff shall
have the same remedy against the bail, and the bail the same remedy against their
principal ; and the officer, when made a co-defendant, the same remedies against
the principal and bail, as may exist by law in cases of bail in other civil cases, and
the same proceedings shall be had thereon.
§ 5. The court out of which any capias in detinue is issued, or any judge thereof
in vacation, may reduce the sum for which bail is demanded, and the court may
accept the appearance of the defendant, and cancel the bond in such manner for
like causes, and with the like effect, as in cases of bail in other civil cases.
§ 6. If in any action of detinue, the value of the property recovered, or the
damages for the detinue thereof, be omitted in any verdict for the plaintiff, the
court may, at any time, award an enquiry to ascertain the same.
Approved, February 5th, \BS5.
I
DIVORCE AND vVLIMONY. -225
DIVORCE AND ALIMONY.
An act concerning divorce and alimony.
Sec. 1. Causes of Jlvovce from bonds of matrimony.
2. Circuit courts to Iiavc jurisdiction, &c. ; manner of proceeding ; under wliat rules liill and answer to Ijc fiiecT.
3. Complainant must reside one year in tlic state, except, &c.
4. Collusion between tlie parties, or adultery by botli, a bar to dower.
5. Order toucliing alimony, security for may be required ; payment of, how compelled, &c.
6. Divorce from bonds of matrimony, guilty party forfeits rights, &c ; when allowed to marry again, &.C.;
■exparte proceedings, how conducted.
7. nusband abandoning his family, &c., court may decree maintenance.
8. Wife divorced, her property, fee, to revert to her and children.
Be it enacted by the general assembly of the state of Missouri^ as follows:
■'§ 1, When a marriage hath been or shall be solemnized between two person.?,
and either party at the time of the contract was and still is impotent, or that he
or she had a wife or husband living at the time of the mari'iage, or has committed
adultery subsequently to the marriage, or wilfuily deserts and absents himself, or
herself, without a reasonable cause, for the space of two years, or shall be convict-
ed of felony or infamous crime, or addicted to habitual drunkenness for the space
of two years, or shall be guilty of such cruel and barbarous treatment as to endan_
gerthe life of the other, or shall oiler such indignities to the person of the other,
as shall render his or her condition intolerable, the innocent and injured party may
obtain a divorce from the bonds of matrimony, hut no such divorce shall eficct the
■legitimacy of the children.
§ 2. The circuit court, sitting as a court of chanceiy, shall have jurisdiction in
^\\ cases of divorce and alimony or maintenance-, and the like pi-ocess and proceed-
ings shall be had in said causes as are had in other causes on the equity side of the
court, except the answer of the defendant shall not be under oath; the bill of the
■complainant shall be accompanied by an affidavit annexed thereto, that the facts
stated in the bill are true, according to the best knowledge and belief of the com-
plainant, and that the complaint is not made out of levity, or by collusion, fear
or restraint, between the complainant and defendant, for the mere purpose of being
separated from each other, but, in sincerity and truth, for the causes mentioned in
said bill; the proceedings shall be had in the county where the complainant resides,
.and the pi'ocess may be directed in the first instance into any other county in the
state, where the defendant resides.
§ 3. No person shall be entitled to a divorce from the bonds of matrimony, who
iias not resided in the state one whole year next before the filing the bill, unless the
offence or injury complained of was committed within this state, or whilst one or
both of the parties resided within this state.
§ 4. If it shall appear to the court that the adultery, or other injury or offence
complained o.^, shall have been occasioned by the collusion of the parties, or done
with an intention to procure a divorce, or that the complainant was consenting
thereto, or that both parties have been guilty of adul^/L-ry, the-n no' divorce shall be
decreed.
30
226 DIVORCE AND ALIMONY.
^ 5. When a divorce shall be decreed, the court shall make such order touching
the alimony and maintenance of the wife, and the care, custody and maintenance
of the children, or any of them, as from the circumstances of the parties, and the
nature of the case, shall be reasonable; and, when the wufe is complainant, to order
the defendant to give security for such alimony and maintenance, and upon his
neglect to give the security required of him, or upon default of himself and his
security, if any there be, to pay or provide such alimony and maintenance, to
award an execution for the collection thereof, or to enforce the performance of the
decree or order, by sequestration of property, or by such other lawful ways and
tneans as is according to the practice of said court; the court, on the application of
either party, may make such alterations, from time to time, as to the allowance of
lalimony and maintenance, as may be proper, and may order any reasonable sum to
be paid for the support of the wife, during the pendency of her application for a
divorce.
§ 6. In all cases from the bonds of matrimony, the guilty party shall forfeit all
rights and claims under and by virtue of the marriage; nor shall the guilty party
be allowed to marry again, by reason of such divorce, under five years after such
divorce, unless otherwise expressed in the decree of the court; and in all cases
where the proceedings shall be exparte, the court shall, before it grants such divorce,
require proof of the good conduct of the petitioner, and be satisfied that he or she
is an innocent and injured party.
} 7. When the husband, without good cause, shall abandon his wife, and refuse
or neglect to maintain and provide for her, the court shall decree such support and
maintenance to be provided and paid by said husband for the wife and her children,
or any of them, by that marriage, out of his property, and for such time as the
iiature of the case and the circumstances of the parties shall require, and to compel
the defendant to give security for such maintenance, and, from time to time, to
make such further orders touching the same as shall be just, and to enforce such
decree in the manner prescribed in the fifth section of this act; and so long as said
maintenance is continued, the husband shall not be charged with the wife's debts,
■contracted after the decree of such maintenance.
§ 8. When the wife shall obtain a divorce from the bonds of matrimony, all prop-
erty which came to the husband by means of the marriage, and remaining undisposed
of at the time of filing the bill, shall revert to the wife and children.
Apf roved, January ^4th, 1835.
An act explanatory of the law of divorce and alimony.
Sko. 1. Cause of divorce commencii.g beytnd the limits of tbe state and continued wltbin the state, S[c., courts
have Jurisdiction.
B. This aet to talce effect rrom Us passage.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Incases in which the cause of divorce has heretofore, or shall hereafter com-
mence, beyond the limits of this state, and has-been or shall be continued or com-
I
DOWER. 227
pleted within the elate, the courts shall have the same jurisdiction as if the caxise
had commenced and been completed within the state.
§ 2. This act shall take eftect from and after the passage thereof.
Approved, March Idth, 1835.
DOWER.
An act concerning dower.
Sec. 1. Widow to b« endowed ; In leasehold estates, how endowed.
2. How endowed in slaves and other personal estate, when there are children, &c,
3. How endowed, if no children or descendants.
4. The provisions made in the last section subject to the payment of debts.
5. If there be no children or other descendants, the widow may elect to take according to 1st or 3td aeetion
of this act, &.C.
6. Such election", how and when to be made.
7. Conveyance by the husband without the assent of the wife, &c., judgment, covin, &Ct no hat t© <lflfwer.
8. Divorce, when a bar to dower.
9. Devise of land to widow, a bar to dower, unless otherwise expressed.
10. Not to be endowed when the husband makes a will, unless she renounce the provisions made- fot bCK by
the will, &c.
11. Jointure in lieu of dower, when a bar.
12. Jointure assured during coverture, or infancy of the wife, may be renounced, and dowel claimeii.
13. Title to jointure failing, widow entitled to dower.
14. Desertion and adultery a bar to dower.
15. Widow entitled to the mansion house, Sac, until dower assigned.
16. If dower not assigned, widow may sue for and recover it with damages, i^-c.
17. Widow claiming dower, where to file her petition; summons to issue, liow served; proceedinga thcreon (
defendants not summoned, publication to be made.
18. Several defendants, some appearing, others not, proceedings ; claimants, S,-c., made defendants.
19. Judgment by default, &c., or on trial of issues for demandant, slie is entitled to dower; comraissionfeifS to
be appointed, &c.
20. Commissioners to set off widows' dowers.
21. County surveyor to attend ; commissioners, when and how to make report ; proceedings tber'eon.
22. If report approved, jury to assess damages; proceedings of the court ttiercon.
23. If estate be not susceptible of division, value of dower to be ascertained ; when and how-
24. Judgment for the value in lieu of dower ; damages may be assessed, &c.
25. Summons in dower not to abate ; when.
26. How heirs, legatees, &c., may proceed to assign dower; notice to be given to the widow, i\c.
27. Upon such application and proof of notice, commissioners to be appointed ; how to proeeaJ, &c.
26. Assignment of dower by collusion, &c., with the guardian, not obligatory on the minor, S^c.
29. Parties and privies only to an action for dower bound ; effect of proceedings under this act.
30. Proceedings to admeasure dower, in properly assigned, by persons not concluded by former assignment, &c
31. If it be found that dower had been correctly assigned, judgment, &;c., if for the demandant, judgment, ^c.
32. Commissioners to admeasure dower; their proceedings.
33. Report to be made, proceedings thereon ; power of the court to supply vacancies, &c.
34. Infants not concluded, if judgment obtained by collusion ; widow shall not lose her dower by default, &&■
35. Fees of commissioners to be taxed, &;c. ; costs, how adjudged.
36. Judgment for damages in favor of the widow, against what estate execution to issire.
37. When the yearly allowance adjudged in lieu of dower shall not be paid, execution to issue, &c
30. Action brought by the widow under this act, not to abate by the death of either party ; proceedings.
39. If she die before action brought, who may sue; if one or more of defendants die, how to proceed.
40. Action against the widow not to abate by the death of the plaintiff; who may appear and prosecute.
41. Appeal and writ of error allowed.
42. On judgment for the widow's dower, for what the appellant sliail bo bcmnd in the recognizance; judsni^iu
affirmed, bow to proceed.
228 DOWER.
Beit enacted l»j the general assembly of the state of Missouri, asfoUotirsr
8 1. Every widow shall be endowed of the third part of all the lands, whereof
her husband or any other person to his use was seized, of an estate of inheritance
at any time during the marriage, to w^hich she shall not have relinquished her right
of dower, in the manner prescribed by law, to hold and enjoy during her natural
life. Dower in leasehold estate, for a term of or more than twenty years, shall be
granted and assigned as in real estate; for a less term than twenty years, shall be
granted and assigned as in personal property.
§ 2» Where the husband shall die, leaving a child or children, or other descend-
ants, the widow shall be entitled absolutely to a share in the slaves and other per-
sonal estate belonging to the husband at the time of his death, equal to the share of
a child of such deceased husband, after the payment of debts.
§ 3. Where the husband shall die without any child or other descendant in being,,
capable of inheriting, his widow shall be entitled,
First, To all the real and personal estate which came to the husband in right
of the marriage, remaining undisposed of absolutely.
Second, One half of the real and personal estate belonging to the husband at the
time of his death absolutely.
Third, Where the husband shall die having such child or descendant, but not
by his last marriage, his widow may, in lieu of dower, elect to take>
in addition to her real estate, the slaves and other personal property
in possession of the husband, that came to him in right of the wife by
means of the marriage.
§ 4. The provisions made for the widow in the last section, shall be subject to the>
payment of the husband's debts.
§ 5. When the husband shall die without a child or other descendant living, capa-
ble of inheriting, the widow shall have her election to take her dower as provided
in thefirst section, discharged of debts or the provisions of the third section subject
to debts.
§ 6. Such election shall be made by a declaration in writing, acknowledged
before some officer, authorized to take the acknowledgment of deeds, and filed in
the office of the clerk of the court, in which letters testamentary or of adminis-
tration shall have been granted, within six months after the grant of the same.
§ 7. No act, deed or conveyance, executed or performed by the husband, with-
out the assent of his wife, evidenced by her acknowledgment thereof, in the manner
required by law to pass the estates of married wom.en, and no judgment or decree-
confessed by, or recovered against, him, and no laches, default, covin or crime of
the husband, shall prejudice the right and interest of the wife, provided in the fore-
going sections of this act.
5 8. If any woman be divorced from her husband for the fault or misconduct of
such husband, she shall not thereby lose her dower; but if the husband be divorced
from the wife for her fault or misconduct, she shall not be endowed.
{ 9. If any testator shall, by will, pass any real estate to his wife, such devise
DOWEK. 22a
shall bo in lieu of dower out of the r^al estate of her husband, whereof he died seized
unless the testator, by his will, otherwise declare.
§ 10. If the wife survive the husband, she shall not be endowed in any of the real
estate whereof her husband died seized, unless she shall, by writing, duly executed
and acknowledged, as in case of deeds for lands, and filed in the office of the court
in which the will is proven and recorded, within twelve months after the proof of
tlie will, declare that she will not accept the provisions made for her by said will.
§ 11. If any woman, prior to, and in contemplation of, marriage, shall, on agree-
ment or marriage contract with her intended husband or other person, receive an
estate, either real or personal, to take effect after the death of her husband, by way
of jointure, as a provision for her support during life, and expressed to be in full dis-
charge of all claim for dower, such estate shall be valid, and a bar to dower in the
estate of her husband. When any lands have been, or hereafter shall be, con-
veyed to the husband and wife, or to any other person, and to their heirs, and to
the use of the husband and wife, or to the use of the wife, for the jointure of the
wife, every such married woman, having such jointure made, shall not claim any
dower in the residue of the land of which her husband was at any time seized.
§ 12. If any deed of conveyance, assurance, agreement, or contract for jointure,
be made after marriage, or be made before marriage and during the infancy of the
wife, in either case the widow may, at her election, renounce her jointure and have
dower. In all cases, if the title to the estate settled on the wife as her jointure
shall fail, or she be evicted from, or cannot recover such estate, she shall have
dower in the estate of her husband; or if the title fail as to a part only, the deficiency
shall be made up out of the husband's estate.
§ 13. When any deed, conveyance, assurance, agreement, or contract for join-
ture, in lieu of dower, shall, through any default, fail to be a legal bar to dower,
and the widov/ availing herself of such default shall demand her dower, then the
estate and interest, so conveyed to such widow, shall cease and determine.
§ 14. If a wife voluntarily leave her husband and go away, and continue with an
adulterer, or after being ravished, consent to the ravisher, she shall be forever barred
from having her jointure or dower, unless her husband be voluntarily reconciled to
her and sufier her to dwell with him.
§ 15. Until dower be assigned, the widow may remain in and enjoy the mansion
house of, her husband, and the messuages or plantation thereto belonging, without
being liable to pay any rent for the same.
§ 16. Where any widow shall be entitled to dower in real estate, and she be de-
forced thereof, or cannot have it without suit, or if her dower be unfairly assigned,
or not assigned within twelve months after the death of her husband, she may sue •
for and recover the same with damages; that is to say, the value of the whole dower
to her belonging, from the time of her husband's death (if he died, or shall die seized,)
or from the time of demanding dower (if the husband was or shall be seized, but
did not or shall not die seized) unto the day that she shall recover her dower.
§ 17. Any widow may file a petition in the office of the clerk of the circuit court
of the county whereiii tlje real estate in which she claims her dower is situate; or
230 DOWER.
if the land is divided by a county line, then in either county, against any person
claiming any interest in such lands, or being in possession thereof, or who shall
deforce her of her dower therein; the clerk shall, thereupon, issue a summons,
endorsed or annexed to such petition, which shall be served as process in actions
at law, and if the defendant appear and plead, the cause shall proceed according to
the course of proceedings at law. If any defendant shall not be summoned or shall
not appear, the court shall award an order of publication, which shall notify such
defendant, that, unless he appear on the first day of the next succeeding term, and
proceed to trial, judgment will be rendered against him by default: which order
shall be published in some newspaper, printed in this state, for two months, and?
when so published, shall be equivalent to the service of a summons.
§ 1 8. When there are several defendants, some of whom are summoned or appear,
and others do not, the demandant may proceed against those summoned or appear-
ing, without regard to the others, or may continue the cause and take out alias
writs, or make publications as aforesaid, to bring in the other parties. Any per-
son claiming title to the land, whereof dower is claimed, may be made a defendant
if he appear and apply for that purpose, and proceedings shall be had thereon, in all
respects as if he were originally a party duly summoned.
§ 19. If judgment be rendered by default, nil elicit or non sum wfo7'matus, the
court shall hear the proofs and allegations of the demandant, or empannel a jury
for that purpose; and if it be found upon such proceeding or on the trial of the
issues, that the demandant is entitled to dower, the court or jury shall determine in
what proportion, and the court shall thereupon render judgment, that she be seized
of her dower accordingly, for and during her natural life, and that she recover the
damages which may be assessed, and thereupon shall appoint three competent per-
sons as commissioners to assign and admeasure such dower, who, before they enter
upon the discharge of their duties, shall take an oath or affirmation, honestly and
impartially to execute the trust reposed in them respectively.
§ 20. The commissioners, or a majority of them, shall proceed to the lands or other
real estate, and, by actual admeasurement, ascertain and set off the widow's dower
thereon, according to the judgment of the court.
§ 21. The county surveyor of the county, if thereto required by the comniission.
ers, shall make such surveys and plats as the commissioners shall direct, and the
commissioners shall make full report of their proceedings, with a plat and bounda-
ries of the land so assigned by them as dower, to the court appointing them, at the
next term thereof, which report, if approved, shall be recorded among the records
of the court; but if it shall not be approved, the commissioners shall again proceed,
as before directed, and as often as may be necessary, until their report shall be ap-
proved; and such court may at any time discharge any commissioner, and appoint
others in their stead, and may supply any vacancy which may happen by death
resignation or refusal to act, of any of the commissioners.
§ 22. When any report assigning dower shall be approved, the court shall empan-
nel a jury to assess damages, and shall render judgment for the damages assessed
DOWER. 231
if the same has not before been done, and award a writ of possession, according
to the report of the commissioners, and execution of the damages.
§ 23. If the commissioners shall report that the lands or other estate is not sus-
ceptible of a division, without great injury thereto, a jury shall be empannelled to
enquire of the yearly value of the widow's dower therein, and shall assess the
same accordingly.
§ 24. The court shall, thereupon, render a judgment, that there be paid to such
widow, as an allowance in lieu of dower, on a day therein named, the sum so
assessed as the yearly value of her dower, and the like sum on the same day in
every year thereafter, during her natural life; and such jury shall, moreover, (if the
same have not been before done,) assess the damages which may have accrued down
to the time of rendering their verdict.
5 25. No writ of summons in dower shall abate by the exception of the tenant
or defendant, that the demandant hath received her dower of another person before
her writ was sued out, unless he can shew that the dower so received was in satis-
faction of her dowser in the lands whereof she demands dower.
§ 26. When any widow shall be entitled to dower in lands or other real estate,
whereof her husband died seized, it shall be lawful for any heir or legatee, or the
guardians of such as are minors, entitled to any interest in such lands or real estate,
or the executors or administrators of the intestate, or to any creditor of the widow,
and after her marriage, any creditor of her husband, to apply by petition to the circuit
court of the county wherein the lands lie, to assign and admeasure such dower,
giving twenty days notice in writing, of such intended application, to such widow»
by personal service or leaving a copy at her usual place of abode.
§ 27. Upon such application, and due proof of the service of such notice, the
court shall appoint three commissioners to assign and admeasure such dower, who
shall take the same oath and perform the like duties, and the court shall proceed in
like manner therein, as hereinbefore provided in like cases, where the widow de-
mands dower. In proceedings under this section, there shall be no judgment for
damages, and the costs and charges shall be divided and apportioned among the per-
sons concerned, according to their respective interests in the lands and real estate
out of which the dower shall be assigned.
5 28. Where a widow, having no right to demand dower, sues out a writ of dower
against the guardian of any minor, and the guardian endows the widow by favor,
or makes default, or by collusion defends the plea faintly, whereby she is awarded
her dower to the prejudice of such minor, such minor, when he shall arrive at full
age, shall have an action to demand seizen, or to admeasure such dower accord-
ing to law.
5 29. Every person who shall not have been made a party to any action, and duly
notified or summoned to appear, and shall not have appeared to any action brought
by any widow for her dower (except such as claim under any of the parties who
have appeared, or were summoned or notified, by title derived after the commence-
ment of such action,) shall have their action against such widow to admeasure the
23^ DOWER.
dower, and all other perSotis shall be concluded by the proceedings under the provi-
eions of this act.
{ 30. When any person, not concluded as aforesaid, shall file his petition in tho
office of the clerk of the circuit court of the county in which the lands or other real
estate,in which dower has been assigned under the provisions of this act, are situate^
stating that such widow was not entitled to dower in such lands or other real estate,
or that her dower was unduly assigned, and claiming title to the lands so assigned*
or a part thereof, the clerk shall issue a summons thereon, in the nature of a writ of
admeasurement of dower, which shall be served on such widow, as the like process
in other cases at lav/, and such widow may appear and deny the title of the demand-
ant, and put him upon the proof thereof, and may shew her right of dower, and that
it was properly and duly assigned according to law, and may plead as many pleas
as she may think proper, and have every defence which may be allowed in the law
in like cases, and proceedings shall be had as in ordinary cases at law.
§ 31. If it be found that the demandant hath not good title to the premises, or
that she is entitled to dower, and the same has been assigned according to her
right, she shall have judgment to retain her dower, andgo quit of the said action; but
if it shall be found, that the demandant hath good title and that such w^idow is not
entitled to dower, he shall have judgment of seizen.
{ 32. If upon proof of title in the demandant, it appear that the widow is enti-
tled to dower, but that the same has not been duly assigned, the court shall appoint
commissioners, as in case of petition of the widow, who shall take an oath and
proceed in like manner as herein-before provided in the assignment of dower.
5 33. The court shall proceed upon their report in the same manner and shall
have the same power to supply vacancies and discharge commissioners and appoint
others, as is provided in case of commissioners appointed to assign dower, and
when the report is approved, shall award a writ of possession accordingly; and
all parties to any such action, and those claiming under them, shall be concluded
thereby.
} 34. Where such action is brought by any guardian, his ward, when he comes
of age, shall not be bound thereby, if the judgment be obtained by collusion, but
may have his action within three years after he comes of age; and in like manner
the widow shall be aided, if she be impleaded and lose her dower by default, but
she shall recover her dower, if she hath right thereto, as if no proceeding had ever
been had.
§ 35. The charge of the commissioners for their services, not exceeding one
dollar per day each, shall be taxed as other costs; and where judgment shall be for
the defendant, he or she shall have judgment to recover his or her costs; and where
the judgment shall be for the defendant, he shall recover 4iis costs.
§ 36. In all cases of judgments for damages in favor of any widow, under the
provisions of this act, execution thereof shall be awarded only against the estate
in which dower shall be assis;ned.
5 37. Where a writ of possession shall not have been awarded by reason that
a division of the estate cannot be had, and a yearly allowance shall have been
EJECTMENT. 233
adjudged in lieu thereof, the court, when any such yearly allotvance shall become
due, and be unpaid, shall award execution therefor in favor of such widow; or, if
Bhe die before the end of any year, then in favor of her executors or administrators^
for all arrearages and a just proportion of the last year's allowance, computing
the time which had elapsed at the time of her death*
§ 38. No action brought by any widov/ for the recovery of her dower, shall
abate by the death of either party, but if the demandant die, her husband, if she
be married, or, if not, her executors or administrators, may appear and prosecute
the action; but no admeasurement of dower, or writ of possession, shall in such
case be awarded, but he or they shall have judgment and execution only for the
damages occasioned by the deforcement.
5 39. If she die before action brought, her executors and administrators may
have and maintain an action, in which case no admeasurement shall be made, or
writ of possession awarded, but upon the issue found, the court or jury shall assess
the damages according to this act; and where one or more of the defendants die,
the action shall proceed against the survivors, and if all the defendants die, the
action may be revived against their executors and administrators, as in other
cases; but any other person, claiming title to the lands, may be made a party by
his voluntarily appearing to such action as a defendant.
5 40. No action against any widow for admeasurement of dower shall abate by
the death of the plaintiff or demandant, but his heir, legatee, and the guardians
of such as are minors, may appear and prosecute such action.
{41' If either party shall feel aggrieved by the final judgment of the court, he
may have an appeal or prosecute a writ of error in the same manner as in other
actions at law; but no appeal or writ of error shall operate as a supersedeas, unless
the appellant or plaintifl' in error shall enter into a recognizance as required by
law.
§ 42. Where the judgment shall be, that the w^idow be seized of her dower, the
appellant [shall] become bound in such recognizance to pay, not only all damages
which have been adjudged, but all which may be adjudged to such widow in the
action thereafter; and when any such judgment shall be affirmed, there shall be a
writ to enquire of the mesne profits and damages by waste done after the first
judgment.
Approved, March 20thj 1 835*
EJECTMENT.
An act regulating the action of ejectment*
Fto, 1. rersong entitled to possession may maintain thi3 action.
2. In what otiier cases this action may be maintained.
3. This action, how prosecnted, and against whom brought.
4. The person under whom defendant claims may be made co-defendan-f.
5. What shall be averred In the declaration.
31
234 EJECTMENT.
6. How defendant may plead ; proceedings In this action, how conducted.
7. General issue, what it shall be.
8. What such plea shall put in issue.
9. What the plaintiff must show to entitle him to recover.
10. Joint tenant, or tenant in common, sueing his co-tenant, what the plaintiff must show.
11. If the plaintiff prevail, how and under what circumstances damages to be recovered.
12. If the right of plaintiff to possession expires after suit commenced, judgment for damages and > osta only.
13. If the plaintiff prevail, when judgment shall be for possession, damages and costs.
M. Judgment for possession, &c., writ of possession to issue; damages, ^-c, how collected.
15. Judgment for damages and costs only, how collected. '
16. On judgment of dispossession, compensation for lasting improvements, ^^c, when and how recovered.
17. What facts the party shall set forth in his bill to recover value of improvements ; to be verified by affidavit.
18. Injunction may be granted until value of improvements be ascertained, &c.
19. When plaintiff in ejectment may file his cross bill, to relinquish the land and recover the value, &c.
20. If the value of improvements exceed the value of the land, decree of the court, and effect thereof.
21. Decree that occupying claimant shall take the land; when and what title plaintiff, &c., to convey.
22. If the land, aside from improvements, exceeds the value of improvements, what decree the court in i'«
discretion may make.
23. If plaintiff at law insist on retaining the land, partition shall not be made.
24. No improvements, after notice, to be paid for.
25. Person, other than the proprietor of the better title, paying for improvements, ^-c, his remedy-
26. Improvements made prior to 23rd day of January, 1816, not to be paid for.
27. Upon the cases enumerated in 2nd section of this- act, trespass may be maintained.-
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. The action of ejectment maybe maintained in all cases when the plaintiff
is legally entitled to the possession of the premises.
§ 2. The action of ejectment may aba- be maintained, in all cases where the
tDlaintiif claims the possession of the premises, against any person not having a
better title thereto, under or by virtue of,
First, An entry with the register and receiver of any land office of the
United States, or with the commissioner of the general land office
thereof; or,
Second, A pre-emption right under the laws of the United States; or,
Third, A New Madrid location; or,
Fourth, A confirmation made under the law^s of the United States; or,
Fifth, A French or Spanish grant, warrant or order of survey, surveyed by
proper authority under the French or Spanish governments, and
recorded according to the usages of the country, prior to the tenth
day of j\Iarch, eighteen hundred and four.
$ 3. The action shall be prosecuted in the real names of the parties thereto, and
shall be brought against the person in possession of the premises claimed.
5 4. The person from, or through whom the defendant claims title- to the premi-
ses, may, on motion, be made a co-defendant.
§ 5. It .shall be sufficient for the plaintiff to aver in the declaration, that, on some
day therein to be specified, he was entitled to the possession of the premises,
describing them, and being so entitled to the possession thereof, that the defendant
afterwards, on some day to be stated, entered into 'such premises, and unlawfully
withholds from the plaintiff the possession thereof, to his damage, any sum he maj
claim.
EJECTMENT. 235
§ 6. The defendant may plead the general issue, or he may plead his defence
specially; and all pleadings and proceedings in the action shall be conducted as ia
personal actions, except where it is herein otherwise prescribed.
§ 7. The general issue shall be, that the defendant is not guilty of unlawfully
withholding the premises from the plaintiff, as alleged against him.
§ 8. Such plea shall put in issue every matter required to be established by the
plaintiff on the trial, to entitle him to recover, and the defendant may thereunder
give in evidence any matter in bar of the action.
§ 9. To entitle the plaintiff' to recover, it shall be sufBcient for him to show, that,
at the time of the commencement of the action, the defendant was in possession
of the preiiiises claimed, and that the plaintiff had such right to the possession
thereof, as is declared by this act to be sufficient to maintain the action.
§ 10. If the action is brought by a joint tenant, or tenant in common agains
his co-tenant, the plaintiff shall also be required to show on the trial, that the
defendant actually ousted him, or did some act amounting to a total denial of his
right as such co-tenant.
§ 11. If the plaintiff prevail in the action, he shall recover, by way of damages,
the rents and profits down to the time of assessing the same, or to the time of the
expiration of the plaintiff's title, under the following limitations:
First, Where it shall not be shown on -the trial, that the defendant had
knowledge of the plaintiffs claim prior to the commencement of the
action, such recoverj; shall be only from the time of the commence-
ment of the action.
Second Where it shall be shown'on the trial, that the defendant had knowledgo
of the plaintiff's claim prior to the commencement of the action, and that
such knowledge came to the defendant wuthin five years next preced*
ing the commencement of the action, such recovery shall be from
the time that such knowledge came to the defendant.
Thirds Where it shall be shown on the trial, that knowledge of the plaintiff's
claim came to the defendant more than five years prior to the com-
mencement of the action, such recovery shall only be for the term
of five years next preceding the commencement of the action.
§ 12. If the right of the plaintiff to the possession of the premises expire after
the commencement of the suit, and before the trial, the verdict shall be I'eturned
according to the fact, and judgment shall be entered only for the damages and
costs.
§ 13. In cases where.no other provision is made, the judgment, if the plaintiff
prevail, shall be for the recovery of the possession of the premises, and the dama-
ges assessed, and costs.
§ 14. When the judgment for the plaintiff is both for the recovery of the posses-
sion, and of the damages, the plaintiff may have a writ of possession, which shall
command the officer to whom directed, to deliver to the plaintiff possession of the
premises, and shall also command him to levy and collect the damages and costs
as in executions on judgments in personal actions.
236 j:jectment.
a 15. When the judgment for the plaintiff is only for damages and costs, execu-
tion may be had thereon as on judgments in personal actions.
§ 16. If judgment of dispossession shall be given in an action of ejectment, or
• in any real action, in favor of a person having a better title thereto, against a
person in the possession of any land, by virtue of any grant, warrant, concession,
settlement right or survey, confirmed under the authority of the laws of the Cnited
States, such person may recover, in a court of equity, compensation for all valua-
tle and lasting improvements made by such person, in good faith, on the land
under such title.
$ 17. The complainant, in his bill, shall set forth the nature of his title, the
length of his possession, and the kind and value of the improvements made, and
shall also aver therein, that he entered into the possession of the land, believing
that he had good title thereto, and that he made the improvements specified in the
bill, in good faith, under the belief that he had good title to the land, and shall be
verified by the affidavit of the complainant thereto annexed.
§ 18, An injunction may be granted, to stay the plaintiff at law from taking
possession of the land, until the value of the improvements is ascertained, or
until the further order of the court.
§ 19. The plaintiff at law may file a cross bill, praying for leave to relinquish
the land to the occupying claimant, and to recover the value thereof, aside from the
improvements.
§ 20. If the value of the improvements exceed the value of the land, aside from
the improvements, the court may decree, that the occupying claimant shall, by a
time to be specified in the decree, take the land and pay the ascertained value
thereof to the plaintiff at law, and that, in default of such payment, the plaintiff
shall take possession of the land, discharged from all claim of such occupying
claimant.
5 21. In all cases where the occupying claimant shall be decreed to take the
land and pay the value thereof, the plaintiff at law shall, on the payment of the
money, make to the occupying claimant a conveyance thereof, with general
warranty,
§ 22. If the value of the land, aside from the improvements, exceed the value of
the improvements, the court may, in its discretion,decree either, that the claimant
shall pay for the improvements before he shall be allowed to take possession of the
land, or that the land shall be divided between the occupying claimant and the
plaintiff at law, according to their respective rights in equitv.
§ 23. No partition shall be decreed if the plaintiff at law insists upon his right
to retain the land.
5 24. If the plaintiff at law shall give the occupying claimant notice in writing
of his claim, and of the nature thereof, such notice shall bar the occupying clai-
mant, and all persons claiming from, or through him, of compensation for improve-
ments made after such notice.
5 25. No occupying claimant shall recover compensation twice for his improve-
ments; and in all cases where the occupying claimant shall be paid for his improve-
ELECTIONS. 237
ments by any person other than the proprietor of the better title, such person shall
be invested with the same rights, and the same remedy for the recovery thereof, as
is given by this act to such occupying claimant.
§ 26. No compensation shall be allowed under this act, for improvements made
prior to the twenty-third day ot January, eighteen hundred and sixteen.
{ 27. An action of trespass may be maintained in all the cases enumerated in
the second section of this act.
Approved, March 9tk, 1835.
ELECTIONS.
An act to regulate elections.
Ssc. 1. General election to be held on the 1st Monday in August, 1838.
2. Election for governor and lieutenant governor, every four years thereafter.
3. Clerks to transmit certificate of elections to next succeeding general assembly.
4. Election for representatives, senators, S^-c, on 1st Monday in August, 1038, and every two years thereafter.
5. Districts, county court to appoint three persons to hold elections, designate place, &c.
6. Failing to designate place, appoint judges, (fcc, how the sheriff and voters to proceed.
7. Special elections, when and how to be advertised by the sheriff.
8. Writ for special election issued by the governor, to specify length of notice to be given,
9. Form of the oath to be taken by the judges, &,c.
10. Two clerks to be appointed by the judges; their oath, duty, S;c.
11. Duty of county court clerks to furnish two blank poll-books for each township, &c.
12- To be delivered by the sheriff to tlie judges of election.
13. Polls, Tvhen to be opened and closed.
14. Vote nf faoh elector to be cried aloud as given in.
15. Polls may be kept open three days, by order of court.
16. Judges to certify the number of votes given, &c., to be transmitted, together with one of the poll-books, by one
of their clerks, to clerk of the county court, &c.
17. Polls to be cast up and arranged by clerk and two justices, &c.
18. Duty of the clerks In comparing the polls ; when and how done.
19. Duty of clerks in senatorial districts composed of two or more counties.
20. Duty of clerk to whom return was made, on examination, ^-c-, to give certificate of election.
21. Abstract of votes for representatives to congress, governor, and lieutenant governor, senators and representatives'
to be returned by mail.
22. Returns by mail, failing, special messenger to be sent by the secretary of state.
23 Failure happening by neglect of the clerk, penalty, and how recovered.
24. Under what circumstances secretary of state may delay longer than one mail.
25. Shall not, in any case, delay to despatch a messenger longer than forty days.
26. Secretary of state, when and how to proceed to cast up votes for members to congress ; certificates of election
to be made out.
27. In case of a tie, governor to order new election by proclamation, tc.
28. Governor may direct return of such elections to be made by special messengers.
29. List of members elected to be laid before the general assembly by secretary of state ; wheB.
30. Abstract of votes for governor and lieutenant governor, to be laid before the general assembly, to bo counted in
the presence of both houses, i^-c. ; elections to be declared.
31. In case of a tie, to be determined by a joint vote of the two houses, ^c
32. Compensation to clerks and messengers for carrying returns of elections, ^6.
33. Votes to be given viva voce, or by tickets read aloud.
34. Judge or clerk undertaking and failing to perform duties, subject to a fine ; how recovered,
35. Messengers employed to carry returns and failing, fined ; how recovered,
36. Proviso, in case of sickness, &:c.
37. Voters may be examined on oath as to their qualifications to vote.
238 ELECTIONS.
38. Persons voting out of their township, oath to be administered, &c.
39. Names of rejected voters to be recorded, and of persons for whom they vote to be taken down.
40. Judges, clerks and voters, privileged from arrest.
41. Constables to attend elections of their respective townships ; their duty.
42. Judges may fine disorderly persons.
43. Justices and clerks to issue order for new ejection in case of a tie; when and to whom.
44. Election for sheriff to be contested before the circuit court ; proceedings.
45. Depositions may be taken and read on trial ; to be determined in a summary way.
46. Contested election of senators and representatives, proceedings; depositions, when and how taken.
47. Depositions to be taken, time not to exceed forty days from the day of election, &c.
48. Justices taking such testimony, to certify the same, and to whom.
49. No testimony to be taken, except to points specified.
60. Contested election for governor and lieutenant governor, to be determined by the legislature.
51. Party contesting election for governor or lieutenant governor, to present petition, stating points, S^t.
52. If a majority be in favor of the petition, joint committee to be appointed ; their powers and duties.
53. Notice of taking depcsitions to be given; duty of the judge or justice taking depositions.
54. Parties allowed to examine and cross-examine witnesses before the committee, but no testimony to be taken
except to the points in the petition.
55. Report of committee and proceedings thereon.
56. Fines and forfeitures under this act appropriated.
67. Penalty on persons voting who are not qualified ; how recovered.
i.8. Penalty on persons voting more than once at same election ; how recovered.
Be it enacted by the general assembly of the state Missouri, as follows:
§ 1. On the first Monday in August, in the year eighteen hundred and thirty-six,
there shall be an election held in each township in this state, for the election of
governor, lieutenant governor, and state senators whose time has expired, repre'
sentatives to the general assembly, sheriff and coroner in each county or district.
§ 2. Every four years thereafter, there shall be an election held as aforesaid, for
governor and lieutenant governor.
§ 3. A certificate of which election shall be transmitted to the next succeeding
general assembly, by the clerks of the county courts respectively.
5 4. On the first Monday in August, eighteen hundred and thirty-eight, and
every two years thereafter, there shall be elections held as aforesaid, for the election
of representatives and senators in those districts where the term of those elected
has expired.
§ 5. Every township now established, or that may hereafter be established, shall
compose an election district; and the county court of each county shall name a
house in each township, where the election shall be held, and appoint three discreet
persons to hold the same at each place of election.
§ G. If the court fail to designate the house, or appoint judges, or those appoint-
ed fail to act, it shall be the duty of the sheriff to fix the place of holding the
election, and the voters, when assembled, may appoint the judges of the election.
5 7. The sheriff shall, one month previous to each special election, put up
advertisements at three of the most public places in each township in his county,
stating the time and place of holding such election.
§ 8. When the governor issues a writ of election to fill any vacancy, he shall
mention in said writ, how many days the sheriff shall give notice thereof.
{ 9. The judges, before they enter on their duties, shall take the following oath or
affirmation: "I do swear (or affirm,) that! will impartially discharge the duties
^.yUMy^^CC^
ELECTIONS. 239
of judge of the present election, according to law and the best of my abilities, so
help me God."
\ 10. The judges shall appoint two clerks, wlio, before entering on the duties of
their appointment,'shall take an oath or affirmation, that they will faithfully record
the names of all the voters, and distinctly carry out, in lines and columns, for whom
each voter votes.
§ 11. It shall be the duty of the clerks of the county com'ts respectively, one
month before each general election, or six days before such special election, to
make out, and deliver to the sheriff of their cou *ies, two blank poll-books for each
township in their county, properly laid off inj'^^"^^^^^^ !!f ''l^'^® ?®«SS^'^^^ua^LJi
cates attached. "^ ^ j •>
§ 12. The sheriff shall forthwith deliver to the judg
^- , ,• *i 1 1 1 1 7 f •] ■"'-7 election, fall to do so
respective townslnps, the blank books atoresaid.
, ^ ^ rrii • J c 1 1 i- 1 11 +1 ^n„ „'^vered as in the case
$ 13. Ihe judges oi each election shall open the polls at
morning, and continue them open mitil six o'clock in the eveni
§14. The officer attending the ditierent elections shall cry, iii "^ ^^ i^^^"
^, . r 1 1 ^ • • ed them by this
the vote of each elector as given in. •'
5 15. The county courts may, if they think proper, order that the polls xu .
respective counties, or in any township thereof, be kept open any number of days
not exceeding three, at any one election.
§ 16. At the close of each election, the judges shall certify, under their hands,
the number of votes given for each candidate, which shall be attested by their clerks,
and transmit the same, together w-ith one of the poll books, by one of their clerks,
to the clerk of the county court in which the election was held, within five days
thereafter; the other poll book shall be retained in the possession of the judges of
the election, free to the inspection of all persons.
§ 17. The clerks of the county courts shall, within eight days after the close of
each election, take to his assistance two justices of the peace of his county, or
two justices of the county court, and examine and cast up the votes given to each
candidate, and give to those having the highest number of votes a certificate of his
election.
§ 18. The clerks, in comparing the returns from the several townships, shall do
it publicly, in the court house of their counties, first giving notice of the same, by
public proclamation, at the court house door.
§ 19. In all senatorial districts, composed of two or more counties, the clerks of
all the counties in the district shall transmit to the clerk of the county first named
in the said district, within twelve days after such election, a certificate under their
handsyof the number of votes given for each candidate in each respective county.
§ 20. The clerk of the county to which such return shall be made, after examining
the same, shall give to the person having the highest number of votes, a certificate
of his election, under the seal of his office.
§ 21. The clerks of the several courts, to whom a transcript of the votes is
directed, shall, within two days after the time limited for the examination of the
polls, deliver into the nearest post office, on the most direct route to the seat of
240 ELECTIONS.
government, a fair abstract of the votes given in their respective counties for
members to congress, governor, 'and lieutenant governor, state senators and
representatives. '
§ 22. If there shall be a failure to receive any of the returns at the seat of
government,^for one mail after the same is due, the secretary of state shall despatch
a messenger to the county not returned, with directions to bring up said abstracts.
§ 23. If such failure shall happen by neglect of the clerk, he shall forfeit to the
state one hundred dollars, together with the expense of such messenger, to be
recovered by action of debt, before any court having jurisdiction thereof.
§ 24. The secretaiT^oJ'^^;;YiJtena;.^elay longer than one mail after such failure,
'^5l^'party'com'esUng election for governor^ ^ "ol^'^g care that the rctums, in all cascs, be
52. If a majority be in favor of the jg rctums from the most remote countics ought to [be}
53. Notice of taking depi'sitions to
54. Parties allowed to exami-
except to the pc [of State] shall in no instance delay to despatch a messenger
55. Report of committp^Qj^g ^j-^r^j^ forty days after the close of such election.
5 . i"es an or ei w j^yg after cach ffeneral election, or sooner, if the returns shall
67. Penalty on perso" J J & 5 '
18. Penalty on peiiadc, tlic Secretary of state, in the presence of the governor, shall
. lO cast up the votes given in the counties in this state for members fo
congress, and shall give to the persons having the highest number of votes, certifi-
cates of their election, under his hand, with the seal of state affixed thereto.
§ 27. Should any two or more persons have an equal number of votes, and a
higher number than any other person, the governor, in such case, if necessary,
shall issue his proclamation, giving notice of such fact, and that an election will be
held at the places of holding elections in the state, for such member to congress; in
which shall be mentioned, the day of the election, which election shall be conducted
and returned agreeably to the provisions of this act.
§ 28. The governor may, in special elections, if he thinks proper, direct in his
proclamation, that the returns be forwarded by messengers.
§ 29. Within two days after the meeting of each general assembly, the secretary
of state shall lay before each house a list of the members elected, agreeably to the
returns in his office.
§ 30. After each election of governor and lieutenant governor, he shall, within
the time aforesaid, lay before the general assembly a complete abstract of the votes
given for the officers last mentioned, and the two houses shall, without delay,
assemble in the hall of the house of representatives, and the president of the senate
and the speaker of the house of representatives shall, in the presence of both
houses, examine the returns, and declare who are elected to fill said offices.
§ 31. If any two or more persons have an equal number of votes for the same
office, and a higher number than any other person, the two houses shall, by joint
vote, determine the election; and the president of the senate, and speaker of the
house of representatives, shall deposite in the office of the secretary of state, a
certificate, declaring what persons have been elected to said offices.
§ 32. There shall be allowed to clerks, for sending or conveying the returns of
any senatorial election into any other county in the district, as occasion may
ELECTIONS. ' 241
i'^quire, and also to any messenger M^ho may be employed to convey the returns of
the election for members of congress, andgovernor and lieutenant governor, at the
rate of five cents per mile, going and returning.
§ 33. The votes given at all elections, shall be given viva voce, or by a ticket
handed to the judges, and then read, and the clerks to note them, as before, in the
presence and hearing of the voter.
{ 34. If any judge or clerk, after they shall have undertaken to perform the duties
pointed out in this act, fail so to do, he shall be fined two hundred dollars, to be
recovered by any person who will sue for the same, by action of debt, before any
court having competent jurisdiction, or by presentment of a grand jury, to the use
of the county.
§ 35. If any person employed to carry the returns of : P.y election, fail to do so
in due time, he shall be fined two hundred dollars, to be recovered as in the case
of a judge or clerk.
§ 36. Nothing herein contained shall impose the said penalty onany person pre-
by sickness, inability or unavoidable accident, from the duties assigned them by this
«,ct.
§ 37. Where any person offers to vote, and neither of the judges is personally
acquainted with the qualifications of such person, either of the judges may admin-
ister an oath, and examine hhn touching his qualifications as a voter.
§ 38. Where any person offers to vote in a township of which he is not a resi"
dent, if he possess the necessary qualifications of a voter, he may vole, on taking
adi oaih that he has not voted, and will not vote, in any other township during the
present election.
§ 39. When any person, who shall offer himself as a voter, shall be excluded
from voting by the judges, they shall cause his name to be entered on the poll-book?
as a rejected voter, and shall also take down the names of the persons for whom
such person wishes to vote.
§ 40. All judges, clerks and voters, shall be free from arrest, except for felony or
breach of the peace, in going to, attending on, and returning from, elections.
§ 41. The constable shall attend the 'elections in his township, and perform such
duties as are enjoined on him by law, under the direction of the judges.
§ 42. The judges of the elections shall preserve good order, and punish any
disorderly person for contempt, by fine not exceeding twenty dollars, at their dis-
cretion, and commit the offender to the jail of the county until the fine so inflicted
be paid.
§ 43. If there shall be a tie given for any two candidates, other than senator or
representative to the general assembly, sheriff or coroner, the clerk or justice cast-
ing up the number of votes, or a majority of them, shall issue their order to the
sheriff of the county, or senatorial district, where the same may occur, directing
him to issue his proclamation for holding an election agreeably to this act; and in
all cases of such special election, the clerk and justices, when they issue the order
to the sheriff, shall, in said order, state the day on which the election shall be held,
giving reasonable time for the same to be promulgated.
32
242 ELECTIONS.
§ 44. When the election of any sherifTis contested, it shall be before the circuit
court of the county, and the perso,n contesting such election shallgive to the opposite
party, notice in writing, fifteen days before the term of the court at which such
election shall be contested, specifying the grounds on which he intends to rely; and
if any objection be made to the qualification of any voters, the names of such voters,
v.ith the objections, shall be stated in the notice, and the parties shall be allowed
process for witnesses.
§ 45. Either party may, on giving notice thereof to the other, take depositions, to be
read in evidence on the trial; and the court shall, at the first term, (if twenty days
shall then have elapsed after such election, and if less than twenty, then, at the
second term,) in a summary way, determine the same according to evidence.
§ 46. If any candidate of the proper county or district, contest any election of
any person proclaimed duly elected to the senate or house of representatives, such
person shallgive notice thereof in writing,, to the person whose election he contests,
or leave written notice thereof at the house where such person last resided, within
twenty days after the return of the election to the clerk's office, expressing the points
on whicbthe same will be contested, and the names of the two justices of the
peace,, who will attend at the taking of the depositions, and when and where they
will attend to take the same.
§ 47. The time for taking such depositions shall not exceed forty days from the
day of election; and the said justices, or either of them, shall issue subpoenas to all
persons required by either party, commanding such persons to appear and give tes-
timony at the time and place therein mentioned.
§ 48. The justices shall hear and certify all testimony relative to such election, to
the president of the senate, if the contest is for a seat in the senate; if for the house
of representatives, then to [the] speaker of the house of representatives.
§ 49. No testimony shall be received by the justices on the part of the person
contesting the election, which does not relate to the points specified in the notice,
a copy of which notice, attested by the person who delivered or served the same
shall be delivered to the said justices, and by them transmitted with the depositions.
§ 50. All contested elections for governor or lieutenant governor, shall be decided
by joint vote of both houses of the general assembly. The joint meeting of the
two houses, deciding on such elections, shall be held in the hall of the house of rep-
resentatives, and the president of the senate shall preside.
§ 51. If any person contest the election of governor or lieutenant governor, ho
shall present a petition to the general assembly, setting forth the points on which
he will contest the same, and the facts which he will prove in support of those
points, and shall pray for leave to produce his proof, and a vote shall be taken in
each house, by yeas and nays, whether the prayer shall be granted.
§ 52. Ifamajorityofthewholenumberofvotesofbothhousesshallbe in the'affirma.
ative, they shall appoint a joint committee to take the testimony on the part of the peti-
tioner, and also on the part of the person whose place is contested, with power to
send for witnesses, issue warrants under the hand of the chairman, to any judge or
justice of the peace, to take the deposition of witnesses, at such time and place as
ELECTION OF MEMBERS TO CONGllESS. 243
(he warrant shall direct, which warrant shall mention the points to which the testi-
mony is to be taken.
5 53. Reasonable notice shall be given by the party in whose favor depositions
shall be allowed to be taken, to the opposite party, of the time and place of taking
the same; and the judge and justices shall proceed in all things in procuring the
attendance of witnesses, and in taking and certifying the testimony, as is directed in
the last preceding section.
§ 54. The party shall also be allowed to attend the examination of witnesses before
the committee, and to cross examine them; but no testimony shall be taken except
on points set forth in the petition.
§ 55. The committee shall report the facts to the houses, and a day shall be fixed
by a joint resolution for the meeting of the two houses, to decide upon the same,
on which decision the yeas andnays shall be taken by the clerks of the houses, and
shall be entered upon the journals.
§ 56. All fines, penalties and forfeitures, by this act imposed, and which are not
herein-before otherwise appropriated, are appropriated to the use of the county.
§ 57. Every person not being a qualified voter, according to the constitution or
laws of this state, Mho shall vote at any election within this state, knowing that
he is not entitled to a vote, shall forfeit twenty dollars, to be recovered before any
justice of the peace, by action of debt, one half to the use of the county, and the
other half to the person sueing therefor.
§ 58. If any person votes more than once at any one election, he shall forfeit the
sum of twenty dollars, to be recovered and applied in the same manner as provided
in the preceding section.
Approved, March 20l/i, 1835.
ELECTION OF MEMBERS TO CONGRESS.
An act to provide for electing two members to congress from this state.
Sec. 1. Election, when to bo held; how conducted.
Be it enacted hij the general asseynhhj of the state of Missouri, [as follows:']
That an election shall be held at the ssveral election precincts in this state, on
the first Monday in August next, and on the first Monday in August, in the year
one thousand eight iiundred and thirty-six, and on the first Monday in August
every tw^o years thereafter, for the purpose of electing two members to congress from
this state; and the said election to be governed in all other respects under the
laws which governed the election of members to congress from this state hereto-
fore.
Approved, Fehruai-y 4th, 1835.
244 ELECTORS.
ELECTORS.
An act to provide for choosing electors of president and vice president of the United
States,
Sbc.I. Four election districts established; of what counties composed, &c.
2. In case of new apportionment, governor to lay off districts.
3. Proclamation of such divisions, when and how to he made.
4. Elections, when to be held ; one elector to reside in each district.
5. Elections, how conducted.
6. Returna by judges of elections to clerks; by clerks to bo made to the governor.
?• Votes to be arranged, and election determined.
8. In case of a tie, election determined by the general assembly.
9; Persons elected, to be notified, &;c.
10. Contested elections, how determined.
' 11. List of persons chosen to be delivered to electors.
12. Compensation for carrying returns and notices.
13. Electors when to meet; their duty.
14. Electors, their compensation ; accounts, how audited and allowed.
15. Vacancies, liow supplied.
Be it enacted by the general assembly of the state of Missouri, as follows t
§ 1. The state shall be divided into four districts, for the purpose of electing four
electors to elect a president and vice president of the United States, in the followr-
ing manner, to-wit: the first district shall be composed of the counties of Cape
Girardeau, Crawford, Pulaski, Green, Washington, Wayne, Ripley, St. Francois,
Madison, Ste. Genevieve, Perry, Scott and New Madrid. The second district shall
be composed of the counties of Saline, Pettis, Cooper, Morgan, Cole, Gasconade,
Franklin, St. Louis and Jefferson. The third district shall be composed of the
counties of Jackson, Lafayette, Clinton, Clay, Ray, Carroll, Chariton, Howard,
Randolph and Boone. The fourth district shall be composed of the counties of
St. Charles, Lincoln, Pike, Marion, Ralls, Monroe, Lewis, Montgomery, Callaway
and Warren: and when any new county shall be made, it shall be attached to, and
become a part of, that district out of which the new county may have been taken*
§ 2. When any new apportionment shall be made of the members to be elected
to the house ofrepresentatives of the United States , whereby the number of electors
to which this state may be entitled shall be increased or diminished, it shall be the
duty of the governor to lay off the state into as many districts as shall be equal to
the number of electors to which the state shall then be entitled, so that the said dis-
tricts contain as near as may be an equal number of free white male inhabitants, and
that no county shall be divided.
§ 3. It shall be the duty of the governor, whenever he shall exercise the power
hereby vested in him, to give notice of the division made by him, by proclamation,
to be published in all the newspapers printed in this state, sixty days at least before
the first election under such arrangement.
§ 4. The qualified voters in each of said districts shall meet at their respective
places of holding elections, on the first Monday in November, in the year one
thousand eight hundred and thirty-six, and on the first Monday of November in every
ELECTORS. 245
fourth year thereafter, unless the congress of the United States shall appoint a dif-
ferent day, and in that case, on such day as the said congress shall appoint, and
shall proceed to elect as many fit persons as the state shall then be entitled, as
electors of president and vice president, one of whom shall be a resident of each
district.
{ 5. The election shall be conducted by the judges who may have been ap-
pointed to hold the general election for the same year, and under the same
regulations, and have the same public notice thereof given by the sheriff in each
county, as is or may be required by law regulating such general elections.
§ 6. It shall be the duty of the judges of such elections in the different townships,
to make return thereof to the clerks of the county courts of their respective coun-
ties, within two days after such election, which clerks shall, within two days after
they receive such returns, certify and transmit the same, by some person employed
for that purpose, to the governor.
§ 7. The governor, on the receipt of the certificates from the several counties in
each district, which he may have received within fifteen days after the day of elec-
tion, shall immediately add up the votes from the several counties, and the person
residing in any one district having the highest number of votes, given in the state
for any one person residing in the same district, shall, by him, be declared duly elected
elector for said district.
§ 8. If two or more persons residing in one district shall have an equal number
of votes given in the state as aforesaid, and more than any other person residing in
the same district, the governor shall immediately notify the general assembly
thereof, and such election shall be determined by joint vote of both houses of
the general assembly, by choosing one of the persons so having an equal num-
ber of votes.
§ 9. It shall be the duty of the governor, at the expense of the state, in all cases
immediately to notify the persons chosen, of their election, as soon as the same shall
have been ascertained, agreeably to the provisions aforesaid.
§ 10. All contested elections for electors shall be determined by joint vote of
both houses of the general assembly, and the proceedings in contesting such elec-
tions, shall be the same in all respects as in contested elections for governor.
§ 11. The governor shall, on or before the meeting of such electors, cause three
lists of the names of such electors to be made and delivered to them, as required by
act of congress.
5 12. The persons employed in giving the notices, or conveying the returns as
aforesaid, shall be allowed five cents for every mile such person may travel in
going and returning in the performance of any of the services aforesaid, to be
audited and paid as other claims.
§ 13. The electors shall meet at the seat of government on the first Wednesday
in December, next ensuing their appointment, and shall then and there give their
votes for president and vice president, and shall do and perform all the duties
required of them by the act of congress in that case made.
5 14. The electors shall receive for their services the same compensation as the
246 ESCHEATS.
members of the general assembly, and the governor shall audit their accounts
and grant them certificates for the amount ascertained to be due, which certifi-
cates shall be sufficient vouchers to authorize the auditor of public accounts to
draw his warrant for the amount, which shall be paid out of the state treasury as
other demands.
§ 15. If the electors appointed under this act, or any of them, fail to attend
at the seat of government by the hour of two o'clock, in the afternoon of the'
day pointed out in this act, then the senate and house of representatives shall pro-
ceed immediately, by a joint vote of both houses, to, fill such vacancy or vacancies;.
Approved, March \Uh, 1835.
ESCHEATS.
An act concerning escheats,
Sic.l. MHiat property bIiqII escheat to the state.
2. Where tliere are no known heirs, fcc, administrator to account, &c.
3. On settlement, if there is more tlian will pay the debts, &c., duplicate certificates of amount, &c.
4. Balance to be paid into the state treasury, &c.; proceedings, ^c.
5. S( 6. On production of the auditor's certificate, payments to be credited ; failure to make payment,-
proceedings, &c.
7 Costs of proceedings, ^-c. ; how the same may be adjudged.
8. Attorney general and circuit attorney, when to enforce settlements, &c.
9. Powers and duties of attorney general, &c., touching estates.
10. Proceedings to be instituted and prosecuted by attorney general, &c., against real estate ; information to be
filed.
It. Sci'c facias to issue, and against whom.
12. Service and publication, when and how made.
13. Parties interested, when and how they may appear and plead to the scire facias.
14. Judgment for the state on default of appearance, or nil dicit, Sec.
15. On appearance and issue joined, to be tried, &c. ; survey may be ordered. &c.
16. Issues found for the state, &c., judgment for the state and costs.
17. On trial, if the state has no title, defendant to recover costs ; how adjusted and paid.
18. Form and effect of the judgment in favor of the state.
19. Writ of seizin to issue.
20. Upon the return of the writ, transcript of the record to be deposited with the auditor ; recorded, &c.
21. Appeal and writ of error allowed.
22. Accounts to be kept by auditor.
23. Heir appearing, proceedings to establish his claim.
24. Decree for money, copy of the order sufficient voucher for issuing the warrant.
25. Proceedings to recover land, petition to be filed, &.c.
26. Copy of petition to be served on attorney general, &c. ; proceedings, and decree of the court.
27. Limitations, saving to infants, &c.
28. State may cause lands to be sold.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. If any person die seized of any real or personal estate, without any devisee
thereof, and leaving no heirs or representatives capable of inheriting the same, or
the devisees be incapable of holding the same, and where there is no owner of real
estate capable of holding the same, such estate shall escheat to, and vest in, the state.
§ 2. Where there is administration granted, and there arc no known heirs or legal
ESCHEATS. 247
representatives of the intestate, or no person shall appear within three years, after
granting the letters of administration, to claim the personal estate of such intestate
as next of kin, the administrator, in the settlement of his accounts with the proper
court, shall account for all money which may come to his hands as administrator.
5 3. If there be more than sufficient to pay the debts of the deceased, and the
expenses of administration, such court shall, on each settlement, ascertain the
amount remaining in the hands of such administrator, and grant duplicate certifi-
cates thereof, one of which shall be transmitted to the attorney general, or circuit
attorney prosecuting for the district, and the other to the auditor of public accounts,
who shall charge the administrator with the amount.
§ 4. Such administrator shall pay such balance into the state treasury, within
ninety days after such settlement; and if he shall so pay the same, the treasurer
shall grant him duplicate receipts therefor, one of which he shall deliver to the
auditor of public accounts, who shall grant him a certificate thereof, and credit him
with the amount so paid into the treasury, and shall charge the treasurer therewith.
§ 5. The court having the settlement of the accounts with such administrator, shall,
on the production of the auditor's certificate to them, credit the administrator with
the amount; but if payment shall not be made as aforesaid, the attorney general,
or circuit attorney for the district, shall move the court to enter judgment against
such administrator and his securities, or either of them, for such balance, and three
per centum per month thereon, giving to such administrator and his securities, ten
days previous notice of such intended motion; and the said court shall hear and
determine the same in a summary manner.
§ 6. If such administrator, or his securities, shall not produce the auditor's certi-
ficate, showing full payment of the balance into the state treasury, such court shall
render judgment against such administrator and his securities, or such of them as
shall receive notice, for the amount due, and three per centum per month thereon,
from the time the balance was first ascertained, until the rendition of the judgment,
and the costs of the proceeding, and issue execution therefor.
5 7. If the auditor's certificate be produced, such administrator and his securities
may, nevertheless, be adjudged to pay the cost of the proceeding, at the discretion
of the court, but shall in no case recover costs; and the like proceedings shall be
had at each subsequent settlement.
§ 8. Where there are no known heirs or legal representatives, the attorney gener-
al, or circuit attorney of the district, within which the courts are held, wherein the
accounts of any administrator are required to be settled, shall examine the proceed-
ings of such administrator, shall cause process to be issued to compel the prompt
settlement of his accounts, attend such settlements when necessary, on behalf of
the state, contest any item which to him shall appear unjust or unreasonable, and,
in case of waste or mismanagement of the estate, or other mal-administration,
cause proper suits and proceedings to be instituted and prosecuted.
§ 9. He is required in behalf of the state to do all things touching such adminis-
tration, which could be done by any sole heir, and especially to preserve the real
estate from being improperly sold, wasted or damaged; and it is made his special
248 ESCHEATS.
duty to examine the records of the courts having the settlement of administrator'^
accounts, and cause process to be issued, requiring all administrator's, whose letters
have been granted more than three years before the taking effect of this act, to
make settlement as herein-before required, and shall, in default of any such settle-
ments, bring suits against the administrator in default, and his securities, without
delay.
§ 10. When the attorney general or circuit attorney shall be informed, or have
reason to believe, that any real estate within his district hath escheated to the
state, and such estate shall not have been sold according to law, within five years
after the person last seized, for the payment of the debts of the deceased, he
shall file an information in behalf of the state, in the circuit court of the county in
which such estate is situate, setting forth a description of the estate, the name of
the person last lawfully seized, the names of the terre-tenants and persons claiming
such -estate, if known, and the facts and circumstances in consequence of which
such estate is claimed to have escheated, and alleging that, by reason thereof, the
state of Missouri hath right to such estate.
511. Such court shall award and issue a scire facias against such person, bodies
politic or corporate, as shall be alleged in such information, to hold, possess or claim
such estate, requiring them to appear and shew cause why such estate should not
be vested in the state, at the next term of such court.
§ 12. y^nch scire facia s^\\d\] be servedfiftecn days before the return day thereof, and
the court shall make an order, setting forth briefly the contents of such information,
and requiring all persons interested in the estate to appear and show cause, at the
next term of the said court, why the same shall not be vested in the state; which
order shall be published, for six weeks, in some newspaper printed in this state, and
in or nearest to the county in which such proceeding is had.
§ 13. All persons, bodies politic and corporate, named in such information as
terre-tenants or claimants to the estate, may appear and plead to such proceeding
and may traverse or deny the facts stated in the information, the title of the state
to the lands and tenements herein mentioned, at any time on or before the third
day after the return of such scire facias ; and any other person claiming an interest
in such estate, may appear and be made a defendant, and plead, by motion, for tha^
purpose in open court, within the time allowed for pleading.
5 14. If no person appearand plead, or, appearing, shall refuse to plead within
the time, then judgment shall be rendered, that the state be seized of the lands and
tenements in such information claimed.
§ 15. If any person appearand deny the title set up by the state, or traverse
any material fact in the information, issues shall be made up and tried as other
issues of fact, and a survey may be ordered and entered as in other actions, when
the title or boundaries of lands are drawn in question.
§ 16. If, after the issues are tried, it appears from the facts found or admitted, that
the state hath good title to the lands and tenements in the information mentioned,
or any part thereof, judgment shall be rendered, that the state be seized thereof, and
recover costs a<^ainst the defendant.
ESCHEATS. 249
§ 17. If it shall appear that the state hath no title hi such estate, the defendant
shall recover his costs, to be taxed and certified by the clerk, and the auditor of
public accounts shall, on such certificate being filed in his office, issue a warrant
therefor on the state treasury, \yhich shall be paid as other demands on the treasury;
but no defendant shall be entitled to recover costs, unless the title to such estate
shall appear to the court, in the facts found, to be in him.
§ 18. When any judgment shall be rendered, that the state be seized of any
x-eal estate, such judgment shall contain a description of such estate, and shall vest
the title in the state.
^ 19. A writ shall be issued to, the sheriff of the same county, comthanding him
to seize the real estate vested in the state. . ^ ,.
§ 20. Upon the return of such v/rit of seizure, the attorney general, or circuit
attorney, shall cause the record and process to be exemplified under the seal of the
court, and deposite the same in the office of thfe auditor of public accounts, and
cause a t,ranscript of the judgment to be recorded in the office of the recorder of
the county in which the lands lie; and such judgment shall preclude all parties and
priries thereto, their heirs and assigns, so long as such judgment shall remain in force.
§ 21. Any party who shall have appeared to any proceedings, and the attorney
general or circuit attorney, on behalf of the state, shall have the right to prosecute
an appeal, or writ of error, upon any such judgment.
§ 22. The auditor shall keep just accounts of all money paid into the treasury^
and of .all lands vested in the state as aforesaid.
§ 23. If any person appear, v/ithin ten years after the c:ath of the intestate,
and claim any money paid into the treasury as aforesaid, as Leu* or legal represen-
tative, he may file a petition to the circuit court, or court of chancery, for the county
in which the estate is, stating the nature of his claim, arid praying that such money
may be paid to him, a copy of which petition shall be. served upon the attorney
general, or circuit attorney, who shall put in an answer to the same.
} 24. The court shall examine the said claim and the allegations and proofs, and
if they find that such person is entitled to any money so paid into the treasury^
such court shall order the auditor to issue his warrant on the treasurer for the
payment of the same, but without interest or costs, a copy of w^hich order, under
the seal of the court, shall be a sufficient voucher for issuing such warrant.
5 25. If ally person appear and claim lands vested in the state as aforesaid,
within five years after the judgment was rendered, such person (other than such as
veere served witha^dre/ada*, or appeared to the proceeding, their heirs or assigns,^
may file his petition in the circuit court (as a c^urt of chancery of the county in
which the claimed estate shall lie,) setting forth the nature of his claim, and
praying that the said estate may be relinquished to him.
{ 26. A copy of which petition sliall be served on the attorney general, or
circuit attorney of the district, who shall answer, and the court shall examine the
claim and the allegations and proofs; and if it appear that the person is entitled to
such claim, the court shall decree accordingly, which shall divest the interest of
the state in such estate, but no costs shall be adjudged against the state in such case.
33
250 EVIDENCE.
§ 27. All persons who fail to appear and file their petitions within the times
limited, shall be forever barred, saving,ho\vever, to infants, married women, and
persons of unsound mind, or persons beyond the limits of the United States, the
right to appear and file their petitions at any time within five years after their
respective disabilities shall be removed.
§ 28. The general assembly may cause such estate to be sold at any time after
seizure, in such manner as may be provided by law, in which case the claimants
shall be entitled to the proceeds in lieu of the real estate, upon obtaiaing a decree,
or order, as aforesaid.
Approved^ February 2Gihf 1835.
EVIDENCE^.
An act concerning evidence.
Si«, 1, Private acts printed by authority, evidence.
2. Laws of Bister states and the several territories, printed by authority.
% Certiried copies of the same by the secretary of state, &c., when they shall be evidence.
4. Certified copies of proceedings before justices of the peace.
6. When their docket, tc., has been delivered to clerk of the county court, copies certified by him, evidene^
6. Certified' copies of plats, surveys, &c., by surveyor general, received as evidence.
7. Certified copies of confirmations, evidence.
8. Copies of New Madrid certificates.
9; Certified copies of ordinances, resolutions, &c. of any city or incorporated town.
10. Register of marriages, births, baptisms, deaths, &c., when admitted as evidence.
ll- Copies of such register, how and by whom certified and authenticated, before received in evidence.
12. Penalty on persons making false registry, &c., or making false certificate of copy, 4'C.
13. Certified copies of all bonds' of oflicers of, or under, the state, S^c, shall be received in evidence
14. Certified copies of contracts with the state or county, &c., when they shall be evidence.
15. Certified copies of bonds of executors, administrators, guardians, &c-, and in other cases, when evidence,
16.- Suits brought on copy of bond or contract, under what circumstances original to be produced.
It. Fees allowed to surveyor and recorder of land titles, for certified copies, &c.-
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1, The printed statute books of this state, printed' under the authority of the'
state, shall be evidence of the private acts therein contained.
§ 2. The printed statute books of sister states, and the several territories of the
Unked States, purporting to be printed under the authority of such states or terri^
Tories, shall be evidence of the legislative acts of such states or territories.
§ 3. Copies of any act, law or resolution, contained in the printed statute books
of sister states and the territories of the United States, purporting to be printed
by authority, and which are now,or may be hereafter, deposited in the office of the
secretary of state of this state, and required by law there to be kept, certified
under the hand and seal of office of tlae secretary of state, shall be admitted ag
evidence.
§ 4. Copies of proceedings before justices of the peace, certified by the justice
before whom the proceedings are had, shall be evidence of such proceedings.
{ 5. Where the docket, files, books and papers of a justice of the peace shall have'
been delivered to the clerk of the county court, according to law, copies of such
^>cket, fil^s, books or papers, certified by such clerk, shall be evidence^
EVIDENCE. 251
} 6. Copies of plats, surveys, entries, New Madrid certificates and locations,
and of all other papers which are by law required to be deposited or kept in the
office of the surveyor of the lands of the United States in this state, duly certified
bj such surveyor, shall be received as evidence.
§ 7. Copies of confirmations had before the board of "Commissioners for the
adjustment of land claims within this state, or before the recorder of land titles,
duly certified by the recorder of land titles, or by the person who shall, by law,
have the custody of the books and papers, containing such confirmations, shall be
received as evidence.
§ 8. Copies of certificates granted by the recorder of land titles, under the act
of congress for the relief of the sufferers by earthquakes, in the county of New
Madrid, and of all other books and papers which, by law, are required to be depos-
ited or kept in his office, duly certified by him, shall be received as evidence.
§ 9. Printed copies of the ordinances, resolutions, rules, orders and by-laws of
any city or incorporated town in the state, published by authority of such city or
incorporated town, and manuscript copies of the same, certified under the hand of
the proper officer, and having the corporate seal of such city or town affixed
thereto, shall be received as evidence.
§ 10. When, by the ordinance or customs of any religious society or congrega-
tion in this state, a register is required to be kept of marriages, births, baptisms,
deaths or interments, such register shall be admitted as evidence.
§ 11. Copies of the register refered to in the preceding section, certified by the
pastor, or other head of any such society or congregation, or by the clerk or other
keeper of such register, and verified by his affidavit in writing, shall be received as
evidence.
§ 13. If any person shall knowingly make a false registery of any marriage,
birth, baptism, death or interment, or shall knowingly make a false certificate or
affidavit of any copy or pretended copy of any such registry, such person so
offending shall be deemed guilty of a misdemeanor, and, on conviction, shall be
punished by fine and imprisonment, or both, at the discretion of the court.
§ 13. Copies of all bonds required by law to be given by sheriffs, collectors,
county treasurers, collectors of the revenue, clerks of the supreme, circuit and
county courts, recorders, and all other officers of, or under, the state, who are
required by law to give bond for the faithful performance of their duties, duly cer-
tified by the seal of office of the officer in whose custody such bond is required by
law to be kept, may be sued upon, and shall be received in evidence, to all intents
and purposes, as the originals themselves.
§ 14. Copies of contracts entered into by mdividuals with the state, or any
pflicer thereof, or with any county, or with any person for the benefit of any county
under or by authority of any law, or the lawful order of any court, the originals of
which are, by law, or the lawful order of any court, in the custody and keeping of
any officer, duly certified and attested with the official seal of such officer, or if such
officer has no official seal, then verified by the affidavit of such officer, may be sued
upon and shall be received in evidence, to all intents and purposes, as the origmala
themselves.
252 EXECUTIONS.
§ 13. Coj^es of all bouds required by law to be given by executors, administra-
tors, guardians, curators and commissioners, for the faithful discharge of their
duties as such, and the bonds of principals and sureties, required to be taken in the
course of any judicial proceedings in any of the courts of this state, duly certified by
and attested with, the seal of office of the officer to whom, by law, the custody of
the same are committed, shall be evidence, to all intents and purposes, as the
originals themselves.
^16. Where suit shall be brought upon any copy of a bond or contract, in
writing, mentioned in any of the three preceding sections, and the defendant shall
plead non est factum, or on motion to the court, such plea or motion being verified
by affidavit, the court may, if necessary to the attainment of justice, require the
production of the original bond or other writing.
§ 17. The surveyor of public lands, and the recorder of land titles, shall be
allowed, for copies and certificates made out under the fifth, sixth and seventh
sections of this act, to charge at the rate of twelve and a half cents for every
hundred words, and twenty-five cents for each certificate.
Approved^ January 2Glh, 1835.
EXECUTIONS.
An act to regulate executions.
1. 1. In whoiO favor execution may issue.
2. To Issue against the goods and chattels and real estate, except In certain cases.
S. Upon the special application of the party entitled to execution, a clause to take the body to be inserUsd.
^ Bow to issue against executor and adminiEtrator end heir ; when tigainst their body, goodti ehatteli and
real estate,
5, Form of execution against the estate and body of the defendant.
_6. Form omitting body of the defendant ; against heir or devisee, except in certain cases, how worded.
7. Returnable to the nest succeeding terra, unless otherwise directed.
8. Garnishees to be summoned by the officer, if property cannot be found, i;c. ; proceedings,
g. May be directed to, and executed in, any county in the state.
W. Amount of debt, daroagts and costs to be endorsed ; abstract to be kept by clerk : index, fce.
11. Body of defendant in custody, may be discharged on payment of money^ or delivery of proiperty.
12. May be retaken, if property not sufficient.
13. Defendant escaping, may be retaken on new writ.
1|4- Property exempt from execution, when owned by person other than the head of a family.
J5. Property exempt, when owned by the head of a family.
16- Effect of the preceding sections on contracts made prior to the passage of this act.
17. Enumeration of property liable to be seized and sold upon any execution.
18. From what time property, real and personal, is bound.
19. Time of receiving writ to be endorsed ; two or more delivered on same day ha ve equal rank.
20 & 21. Bank shares and other stock, information of, how obtained ; execution, how levied.
22. Defendant may elect what property shall be first levied on; duty of the officer.
23. Title to property levied on disputed, how tried ; notice of claim to be given ; how sheriff to proceed.
24. Wltnetsea may be summoned, ic; verdict of the Jury, how rendered, and effect of, ^ c.
25. Fe«8 of sheriff and witnesses, by whom paid ; how levied ahd collected .
28. Real estate levied oj», to b« divided if practicable, and not more sold than necewary.
27. Defendant may elect what property to be first sold ; proceedings.
28. Ten daya notice of tim« and place of lale of personal property to be given.
to. Paraonal property l«Tt«d on, may be retained till the day of sale, by giving bond ; eenditioa of tha bond.
EXECUTIONS. 233
30. Property not delivered according to the condition of the bond, levy to remain a« a Hen, &6.
31. Conditions of the bond broken, officer to seize other property and sell the samel how, ^e.
32. Bond forfeited, judgment at the return term of the writ may he entered against defendant and eecurltte*
53. Motion to be determined in a summary way, proceedings and effect of the judgment.
34. Second delivery bond shall not to be taken, nor shall one be taken from a security, &<•.
35. Bond to be returned with execution; not returned, or adjudged insufficient, effect of, &,c.
36. If there be time, day of sale to be fifteen days before the return day of the execution.
57. The eight proceeding sections shall, as far as applicable, apply to justices courts.
38. Sale of real estate, when and where ; notice of sale, how given.
39. Sale of property how conducted ; within what hours.
40. Purchaser refusing to pay, property to be sold ; deficiency, if any, how recovered .
41. Proceedings tp be in a summary way, and the like proceedings against subsequent purchaser! who refuse, <5«.
42. Officer not to purchase property, directly or indirectly; all such purchases to be void.
43. Personal property to be delivered to purchaser ; bill of sale thereof given, if required.
44. Bill of sale of bank stock, &c., to be made.
45. Deed to be executed for real estate ; recitals in the deed, &c.
46. Deed to be acknowledged before the court ; in case of death, resignation, &c., may be proved.
47. Certificate of acknowledgment or proof, to be endorsed on the deed by the clerk.
48. Deeds to be recorded, and copy, evidence.
49. Term of service of officer expiring after levy, he shall execute the writ, &c.
50. Proceedings in case of death, resignation or removal from office, after levy and before sale.
51. If after sale, how to proceed to obtain a deed.
52. Officer refusing to levy, or sell after levy, or make return, &.C., or permit escape, liabld for amount of execution.
63. Remedy of the plaintiff in certain cases against the officer.
54. Officer making sale, or making monies and not paying over, proceedings against, &c,
55. Execution improvidently issued, on petition to judge, verified by affidavit, complaint to be heard.
56. On hearing complaint, execution may be stayed ; recognizance to be entered into ; property to continue bound.
57. Return to be made by judge ; proceedings in court, 4"c. »
68. Leases for three years or more, subject to execution, shall not be sold by justice's execution,
59, Construction of the term " real estate," as used in this act.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. The party in whose favor any judgment is, or shall be, rendered, or any
order or decree, made by any court of record, may have an execution in conform-
ity with the judgment, order or decree.
§ 2. Such execution, except in cases hereinafter otherwise provided, shall be a
fieri facias against the goods, chattels, and real estate of the party, against whom
the judgment, order or decree, shall have been rendered.
§ 3. Upon the special application of the party entitled to an execution, a
clause shall be inserted therein, commanding, that, for want of sufficient goods*
chattels and real estate, whereon to levy the same, the body of the defendant be
taken in execution.
§ 4. No execution shall be issued against the body, or goods, chattels or real
estate of any heir, executor or administrator, unless he shall have made his estate liable
thereto, by false pleading or otherwise. Such execution, except in cases hereinaf-
ter otherwise provided, shall be a fieri facias against the goods, chattels and real
estate of the party, against whom the judgment, order or decree, shall have been
rendered.
§ 5. Executions against the estate and body of the defendant, shall be in the
form or of the effect following: "To the sheriff of the county of . Whereas*
A. B., on the day of , in the year of our Lord eighteen hundred and >
at our court, hath recovered against C. D., for debt, (or damages, as the case
254 EXECUTIONS.
may be,) and which to the gaid A. B,, were adjudged for his damages and also for his
costs, — These command you, that, of the goods and chattels, and real estate of the
said C. D., you cause to be made the debt, (or damages alone,) and for want of suf-
ficient goods and chattels, and real estate, whereon to levy and make the same, we
command you, that you take C. D., if he be found in ^- county, and him keep,
and have his body before the said judge on the day of , to satisfy the debt
(or damages) and costs, and thatyou certify how you execute this writ. Witness E.F.,
clerk of the said court, at , this day of , in the year . E.F., clerk."
§ 6. Writs oi fieri facias shall be in the form or of the effect prescribed in the
preceding section, omitting so much as commands the body of the defendant to be
taken in execution, and on such writs it shall not be lawful to take the body of the
defendant. When such execution shall be issued against any person as heir or
devisee, (unless he shall have made his estate liable by false pleading or otherwise,)
the officer to whom the same shall be directed, shall be commanded only, that of the
goods and chattels, which were of the ancestor, or testator, at the time of his death?
he cause to be made the debt, damages and costs; and if sufficient goods and chat-
t£ls cannot be found in his county, then, that, of the real estate which was of the
ancestor or testator at the time of his death, he cause to be made the debt, damages
and costs, or sum of money, in such execution' specified.
I 7. Executions issuing from any court of record shall be made returnable to the
next succeeding term thereof, unless the plaintiff, or person to whose use the suit
was brought, shall otherwise direct ; then it shall be the duty of the clerk issuing
the same, to make it returnable to the second succeeding term thereof.
§ 8. When xx. fieri facias shall be issued and placed in the hands of an officer for
collection, if no sufijcient property can be found in the county whereof to levy the
amount due on said writ, it shall be the duty of the officer to summon, in writing, as
garnishees, all such debtors of the defendant as the plaintiff, his agent or attorney
shall direct, to appear in court at the return day of the fieri facias, to answer on
oath such interrogatories as may be exhibited against him, on the part of the plain-
tiff, touching his indebtedness to the defendant in the execution; and the like pro-
ceedings shall be had, and the like judgment rendered for or against the garnishee,
as are or may be provided in case of garnishees, summoned in suits originating by
attachment.
§ 9. Executions issued upon any judgment, order or decree, rendered in any
court of record, may be directed to, and executed in, any county in this state.
§ 10. The clerks of courts of record shall endorse upon every execution by them
issued, the debt and damages and costs, to be recovered before the delivery of such
execution to be executed, and to keep in his office a well bound book, and enter
therein an abstract of all executions issued out of his office, shewing the date, the
names of the parties, amount of debt, damages and costs, to what officer directed,
the return (if any) and a reference to the book and page wherein the judgment,
order or decree, whereon such execution issued is entered. And every such clerk
shall, moreover, keep a regular index to such abstract of executions, arranged alpha-
betically, both by the name of the plaintiff and defendant therein.
EXECUTIONS. 255
§ 11. If any person who shall be taken on any execution,'©! committed thereon
to prison, shall pay to the officer the full amount of money, in such execution spe-
cified, and costs, or if he shall pay a part thereof, and surrender and deliver to the
officer, property liable to execution, sufficient to satisfy such execution, then such
officer shall discharge him from custody, and dispose of the money and property, so
by him received, in like manner and with the same effect as if such execution had
originally been against the goods and chattels, and real estate of such person.
§ 12. If by the sale of property so surrendered, there shall not be sufficient
to satisfy such execution, the person at whose suit such writ was sued out, may-
sue forth a new execution on the judgment, order or decree, as if the body of the
defendant had never been taken.
§ 13. If any person taken in execution or committed to prison thereon, escape
by any means whatever, the person at whose suit such prisoner was taken, or
charged in execution at the time of his escape, may retake such prisoner by a new
execution on the judgment, order or decree.
§ 14. The following property only shall be exempt from execution, when owned
by any person other than the head of a family :
First, The wearing apparel of all persons whatever.
Second, The necessary tools and implements of trade of any mechanic^ whilst
carrying on his trade.
§ 15. The following property, when owned by the head of a family, shall be
exempt from levy and sale, under any execution:
Fi7'st, One work horse, mule, or yoke of oxen, not to exceed the value of forty
dollars; one cow and calf, one plough, one axe, one hoe, and one set
of plough gears.
Second, The spining wheels, and cards, one loom and apparatus, necessary
for mauufacturing cloth in any private family.
Third, All the spurn yarn, thread and cloth, manufactured for family use.
Fourth, Any quantity of hemp, flax and wool, not exceeding twenty-five
pounds of each.
Fifth, All wearing apparel of the family, tw'o beds, w^ith the usual bedding,
and such other household and kitchen furniture, not exceeding the
value of twenty-five dollars, as may be necessary for the family,
agreeable to an inventory thereof, to be returned on oath, with the
execution, by the officer whose duty it may be to levy the same.
Sixth, The necessary tools and implements of trade of any mechanic, while
carrying on his trade.
Seventh, All arms and military equipments required, by law to be kept.
Eighth, All such provisions as may be on hand for family use, not exceeding
twenty-five dollars in value.
5 16. The preceding section shall not be construed to effect any contract made
before the passage of this act, so as to exempt from execution any property not
exempt by the laws now in force.
256 EXECUTIONS.
§ 17. The following property shall be liable to be seized and sold upon any exe-
cution issued upon a judgment, order or decree of any court of record.
First, All goods and chattels, (not herein-before exempted.)
Second, All slaves, and the rights and shares in the stock of any bank, insu-
rance company, turnpike company, or other corporation.
Third, Any current gold and silver coin, which shall be returned by the offi-
cer as so much collected, without exposing the same to sale.
Fourth, Any bills or other evidences of debt, issued by any monied corpo-
ration, or by the government of the United States, this state, or any
other state, belonging to any person against whom an execution shall
be issued, at the time such writ shall be delivered to the officer to be
executed, or at any time thereafter.
Fifth, All the real estate, whereof the defendant, or any person for his use,
was seized in law or equity, on the day of the rendition of the judg'
ment, order or decree, whereon execution issued, or at any time
thereafter.
§ 18. No execution, shall, be levied on the property, in any slaves, goods or chat-
tels, or the rights or shares in any stock, or any real estate, to which the lien of
the judgment, order or decree, does not extend, or has been determined, but from
the time such writ shall be delivered to the officer in the proper county, to be exe-
cuted. The word levij, as used in this act, shall be construed to mean the actual
seizure of property by the officer charged with the execution of the writ*
§i 19. The several sheriffs and their deputies shall, upon the receipt of such writ,
without fee for doing the same, endorse thereon the day of the month and year
when they received the same, and if two or more writs shall be delivered 6n the
same day, against the same persons, they shall have equal rank, and be executed
accordingly.
§ 20. When an execution ^hall be issued against any person being the owiler of
any shares or stock, in any bank, insurance company, turnpike company, or other
corporation, it shall be ^the duty of the cashier, secretary or chief clerk, of such
batik, insurance company or turnpike company, or other corporation, upon the
request of the officer having such execution, to furnish him with a certificate under
his hand, stating the number of rights or shares the defendant holds in the stock
of such bank, company or corporation, with the incumbrances thereon.
§ 21. The officer upon obtaining such information, or in any other manner,may
make a levy of such execution on such rights and shares, by leaving a true copy
of such writ with the cashier, secretary or chief clerk, and if there be none, then
with some other officer of such bank, company or corporation, with an attested
certificate by the officer making the levy, that he levies upon, and takes such rights
and shares, to satisfy such execution.
§ 22. The person against whom any execution shall be issued, may elect what
property, real or personal, shall be sold to satisfy the same; and if he give to the
officer a list of the property so elected, sufficient to satisfy such execution, the
EXECUTIONS. 257
officer shall l^vy upon the property, and no other, if it be sufficieut in his opinion,
if not, then upon such additional property as shall be sufficient.
i 23. When personal property, or any shares in any bank, company or cor-
poration, or other effects, shall be seized by virtue of any execution, and any person,
other than the person against whom such execution issued, shall claim such prop-
erty, or any part thereof, and shall give notice thereof in writing, tlie sheriff may
summon a jury to determine the right of property, giving ten days notice of the
time and place of holding the inquest, to the plaintiff in the execution or his
attorney.
§ 24. The sheriff, at the request of either party, or at his own instance may
summon witnesses and compel them to attend and give testimony, and may admin-
ister the necessary oaths to the jurors and witnesses; and the verdict of such jury
being rendered in writing, and signed by the foreman, shall be a full indemnity to
such officer proceeding thereon.
'5 25. The sheriff and witnesses shall be allowed the like fees, as for similar ser-
vices in the circuit court; and if the verdict be against the claimant, he shall pay
all costs attending the inquest; and if found for him, the plaintiff in the execution
shall pay them, and the sheriff may levy all costs upon the goods and chattels of
the party made liable to pay them, as on execution.
i 26. When an execution shall be levied upon real estate, the officer levying the
same, shall divide such property (if susceptible of division,) and sell so much thereof
as will be sufficient to satisfy such execution, unless the defendant in the execution
shall desire the wdiole of any tract or lot of land to be sold together, in which case
it shall be sold accordingly.
§ 27. The person whose goods, chattels and real estate, are taken in execution,
may elect what part thereof shall be first sold; and if he shall deliver to the officer
having charge thereof, a statement in writing of such election, three days befoi-e the
day appointed for the sale, stating, specifically, what goods, chattels and real estate
he desires to be first sold, and so on until the execution be satisfied, the officer shall
proceed according to such election until sufficient monies shall be made to satisfy
the amount in the execution specified, and costs.
} 28. No goods and chattels, or other personal effects, seized and taJien by virtue
of any execution, shall be sold until the officer making the sale shall have given ten
days notice of the time and place of sale, and property to be sold, by at least three
advertisements, put up in public places in the township in which the sale is to be
made, and one at some public place in each of the other townships in the county*
§ 29. When the sheriff or other officer charged with the service of an execution
shall levy it upon personal property, the defendant may retain possession thereof
until the day of sale, by giving bond in favor of the plaintiff, with sufficient security,
to be approved by the officer, in double the value of such property, conditioned
for the delivery of the property to the officer, at the time and place of sale to be
named in such condition.
§ 30. If the property be not delivered according to the ©ondition of the bond, tlfe levy
34
258 EXECUTIONS,
shall remain a lien upon the property taken for the satisfaction of the judgment^
into whose possession soever the property may pass.
§ 31. When the condition of the bond shall be broken, as mentioned in the last
section, the officer may seize any property of the defendant subject to the exe-
cution, and sell the same, (if personal property,) on three days notice; if real estate,
on ten days notice, to satisfy the judgment.
§ 32. If the conJition of the bend be broken, and the execution returned unsat-
isfed, the defendant and his sureties shall be deemed to have notice of the facts,
and the plaintiff, without further notice may, on the first or aoy subsequentday of the
return term of the execution, m-ove the court for judgment on the bond against
the defendant and his sureties, or any of them, or the plaintiff may, at his option-j
bring an ordinary suit on the bond.
§ 33. If any controversy arise on the motion, it shall be heard and determined in
a summary way, without the form of pleading, and, unless the demand be avoided,
judgment shall be rendered thereon without delay, according to the circumstances,
as follows: If the value of the property so levied on, and not delivered at the day
of sale, be less than such amount, the judgment shall be for the value of the prop-
erty so not delivered, with ten per cent damages, for the delay and costs in
both cases. ■
{ 34. No second delivery bond 'shall be taken in behalf of a defendant so
failing to comply with the first, nor shall any such bond le taken of a surety upon
a judgment founded on such bond.
§ 35. Every delivery bond shall be returned with the execution, and if the officer
fail to return the same, or the same be adjudged insufficient at the return term of
the execution, he shall stand as surety for the defendant for the delivery of the
property levied on, and may be proceeded against as such.
§ 36. If th«re be sufficient time, the officer shall appoint the day of sale at leas*
fifteen days before the return day of the execution.
§ 37. The eight preceding sections shall apply to justices courts, so far as they
are applicable under the general laws.
§ 38. When real estate he taken in execution by any officer, it shall be his duty
to expose the same to sale, at the court house door, on some day during the term of
the circuit court of the county, where the same is situated, having previously given
twenty days notice of the time and place of sale, and what real estate is to be sold,
and where situated, by at least six hand bills, signed by him and put up in public
places, in different parts of the county, or by advertisements in some newspaper
printed in the county.
§ 39. All property taken in execution by any officer shall be exposed to sale on
the day for which it is advertised, between the hours of nine in the forenoon, and
five of the afternoon, publicly, by auction, for ready money, and the highest bidder
shall be the purchaser.
§ 40. If a purchaser refuse to pay the amount bid by him for property struck off
to him, the officer making the sale may again sell such property, at any time, to the
highest bidder, and if any loss shall be occasioned thereby, the officer shall recove^
EXECUTIONS. 259
tiie amount of such loss, with costs, by motion before-any court, or before any jus-
tice of the peace, if the sum shall not exceed his jurisdiction.
§ 41. Such court or justice shall proceed in a summary manner, and give judg-
ment and award execution therefor forthwith, and the same proceedings shall be had
against any subsequent purchaser who shall refuse to pay, and the officer may ,^ in
his discretioni, forever thereafter refuse the bid of any person so refusing.
} 42. No officer to whom any execution shall be directed, or any of his deputies,
or any person for them, shall purchase any goods or chattels, real estate or other
effects, at any sale made by virtue of such execution, and all purchases so made
shall be void.
§ 43. When the purchaser of any goods or chattels shall pay the purchase money,
the officer selling the same shall deliver him such property, and, if desired, shall
execute an instrument of writing, drawn and delivered to him at the expense of
such purchaser, testifying the sale and payment of the purchase money, and con-
veying to such purchaser all the right, title and interest, which the debtor had in,
and to, the praperty sold, on the day the execution was delivered.
§■ 44. When any rights or shares of stock in any bank, company, or corporation,
shall be sold, the officer making such sale shall execute an instrument in writing, to
be drawn at the expense of the purchaser, reciting the sale and payment of the
consideration, and conveying to the purchaser such rights and shares, and shall
also leave with the cashier, secretary, or chief clerk, or if there be none, then with
any other officer of such bank, corporation or company, a copy of the execution
and his return thereon j and the purchaser shall thereupon be entitled to all dividends
and stock, and to the same privileges as a member of such company or corporation,
as such debtor was entitled to.
§ 45. The officer who shall sell any real estate, or lease of lands and tenements,
for more than three years, shall make to the purchaser a deed, to be paid for by the
purchaser, reciting the names of the parties to the execution, the date when issued,
the date of the judgment, order or decree, and other particulars as recited in the
execution, also a description of the property, the time, place and manner of sale,
which recital shall be received as evidence of the facts therein stated.
§ 46. Every officer executing any deed for lands, tenements, or hereditaments,
sold under execution, shall acknowledge the same before the circuit court of the
county in which the estate is situated; but if he die, or leave the state, resign, be
removed from office, or otherwise disqualified from acting before making such
acknowledgment such deed may be proved before such court as other deeds.
§ 47. The clerk of such court shall endorse upon such deed, a certificate of the
acknowledgment, or proof under the seal of the court, and shall make an entrj' of
such acknowledgment or proof, with the names of the parties to the suit, and a
description of the property thereby conveyed.
§ 48. Every deed so executed, acknowledged, or proved, shall be recorded as
other conveyances of land; and thereafter, such deed or copy thereof, or of the
record certified by the recorder, shall be received as evidence in any court in this
state, without further proof of the execution -thereof.
260 EXECUTIONS.
} 49. Wlien an officer shall have levied upon any goods and chattels, real estate
or other effects, by virtue of any execution, and the term of service of such officer
shall expire and be determined before, or after, the sale thereof, and before the
purchaser shall have obtained a deed therefor, duly executed, such officer shall?
nevertheless, have power to do and perform all things in relation to such
execution, and the sale of such property, and in the making, executing, and -
acknowledging a deed to the purchaser, in the same manner and with the like effect*
to all intents and purposes, as if his term of service had not expired; and he and hia
securities shall be subject to the like penalties, actions, proceedings and judgments,
for neglect, misconduct or failure therein, as if he still continued in office.
50. When any officer shall die or be removed from office, or otherwise disquali-
fied from acting, after having taken in execution any goods and chattels, real estate
or other efiects, and before sale thereof, the sheriff or coroner, then in office, shall
proceed thereon, and do and perform all things remaining to be done and performed
in relation to such execution, and the sale of such property, and in making and
executing deeds and conveyances therefor, in the same manner and with the like
effect as the officer so deceased, removed from office, or disqualified, could have-
done.
5 51. When any officer shall die, be removed from office or disqualified, after
the sale of any property, and before executing any conveyance thei'efor, the pur-
chaser may petition the court out of which the execution issued, stating the facts,
and if he satisfy the court that the purchase money has been paid, the court shall
order the sheriff then in office to execute and acknowledge a deed to the purchaser,
reciting the facts, which deed shall be executed accordingly, and shall have the
same effect to all intents and purposes as if made by the officer so deceased, re-
moved from office, or disqualified.
} 52. If any officer, to whom any execution shall be delivered, shall neglect or
refuse to execute or levy the same according to law, or shall take in execution any
property, or any such property be delivered to him by any person against whom
an execution is issued, and such officer shall neglect or refuse to make sale of the
property so taken or delivered, according to law, or if any such oflicer shall not J
return any such writ according to law, or shall make a false return thereof, or after ^
having taken the defendant's body in execution, shall permit him to escape, and
shall not have his body according to the command of the writ, then, and in any
of the cases aforesaid, such officer shnll be liable and bound to pay the whole amount
of money in such writ specified or thereon endorsed, and directed to be levied.
§ 53. If any such officer shall not, on the return of such writ, or at the time the
same ought to be returned, have the money vv^hich he shall become liable to pay as
aforesaid, before the court, and pay the same according to the command of the
writ, any person aggrieved thereby may have his action against such officer, and
his securities upon his official bond, or may have his remedy by action on the cas^,
against such officer in default.
§ 54. If any officer sell any property under any execution, whether he received
EXECUTIONS. 261
payment therefor or not, or shall make the money in any execution specified, or
thereon endorsed and directed to be levied, or any part thereof, and shall not have
the amount of t^uch sales, or the money so made, before the court, and pay over
the same according to law, he shall be liable to pay the whole amount of such sales
or money by him made, to the person entitled thereto, with lawful interest thereon, and
damages in addition thereto at the rate of five per centum per month, to be computed
from the time when the execution is returnable until the whole be paid, to be recov-
ered by action of debt against such officer,and his securities on his official bond, or by
action on the case against such officer, or the party aggrieved may proceed against
such officer by motion to the court before which such writ is returnable, in a
summary way, two days previous notice being given of such intended motion, and
the court shall render judgment for the amount which ought to have been paid,
with interest and damages as aforesaid, and award execution thereon forthwith;
and it shall be the duty of every officer to whom any execution shall be delivered,
issued upon any judgment recovered according to ^.he provisions of this section, to
execute the same within fifteen days after it shall be delivered to him, and shall be
subject to the like liabilities and penalties for any default therein, as on other
executions.
§ 55. If any person, against whom any execution shall be issued, apply to any
judge of the court out of which the execution or order of sale may have been
issued, by petition, verified by oath or affirmation, setting forth good cause why
such execution ought to be stayed, set aside or quashed, reasonable notice of such
intended application being previously given to the opposite party, his attorney
of record, or agent, such judge shall thereupon hear the complaint.
§ 56. If it appear that such execution ought to be stayed, set aside or quashed,
and the petitioner enter into recognizance with sufficient securities, in such sum
as shall be reasonable, to be taken and approved by such judge, conditioned, that if
sjach application finally be determined against such petitioner he will pay the debt,
damages and costs, to be recovered by such execution or order of sale, or surren-
derin execution all his property liable to be seized and taken, or sold, by such writ
or order of sale, or that the securities will do it for him, then such judge shall make
an order for the stay of the execution, or order of sale as aforesaid; but all the
property, real and personal, bound by such execution or order of sale, shall remain
bound as if no such stay had been granted.
5 57. The judge shall return such petition and proceedings thereon, duly certified,
to the court out of which the execution was issued, or order of sale is made return-
able, and the clerks of such courts shall enter the same upon their motion docket,
and the courts shall hear and determine the same in a summary way, according to
right and justice, and may award a perpetual stay of such execution or order of
sale, or may order the execution or order of sale to be enforced.
§ 58. Every lease upon lands, for any unexpired term of three years or more,
shall be subject to execution and sale as real property, and shall not be subject to
sale upon, or by virtue of, an execution issued by a justice of the peace.
262 FEES.
§ 59. The term real estate, as used in this act, shall be construed to include atf
estate and interest in lands, tenements and hereditament^.
Approved, March 20th, 1835.
FEES.
An act to regulate fees..
B«c. 1. Officers allowed to charge the fees hereinafter provided.
2. Attorney general and circuit attorney.
S. Clerks of county courts, for county business.
4. Clerks of county courts, for probate and all business relating to estates, guardians, curators, idioti and lunBltcfl.
5. Clerks of supreme court,
6. Clerks of circuit courts.
7. Clerks of the circuit courts in chancery.
8. Sheriffs.
9. Money collected by the sheriff to be paid to plaintiff, his order, or attorney of record.
10- Coroners.
11. Constables.
12. Interpreters and translators.
13. County surveyors.
14. Kccorders.
15. Notaries public.
16. The secretary of state.
17. The auditor of public accounts.
18. Jurors.
19. Witnesses; fees in more than one case on same day, not to le charged.
20. Account of witness for attendance to be sworn to, &c.
21. Justices of the peace
22. Fees allowed according to the number of words; each figure to be counted as one word.
23. Sheriff, coroner, or constable, to state, at full length, when and how process was executed, &c.
24. Officers allowed fees by this act, to keep table of fees eel up, &c.; on failure, penalty, S^c.
25. Officers and witnesses may make out fee bills at the end of each term of court.
26. To be examined by the clerk, cert fied and delivered to the sheriff; justices of the peaec may issue fee bills.
27- If not paid in twenty days after demand, sheriff to collect as on execution; proceeding against sheriff on neglect
of duty.
28. Party paying fees before judgment, to recover them: not paid before judgment, to bo endorsed on execution.
29. Fees of each officer to be endorsed on execution; clerk to keep fee hooks, &.C.
30. Copy of fees charged in fee book, to be given to the persovi charged, without fee.
31. Suit against clerks and other officers for illegal fees; fee book and entries therein may be given in evidence.-
32. Officer collecting fees, to give an account in writing to the person charged, if demanded, ^'c
33. Penalty on officer for demanding illegal fees, how and when sued for.
34. In what cases fees shall be paid by the county.
35. AVhen to be paid by the state.
36. Fees chargeable to the state or county, how to be audited and certified.
37. On accounts certified, warrants to be drawn; certificate of court, sufficient voucher.
Be it enacted hy the general assembly of the state of Missouri, as follows:
? 1. Such fees are allowed to the officers hereinafter named for their services,
rendered in discharging the duties imposed on them by law, as are herein provided,
and such officers may lawfully charge, demand and receive the same.
§2. The attorney general, and circuit attorneys, respectively, shall be allowed
as follows:
FEES. 263
T'or judgment obtained upon plaint or information, ^4 OO
For a conviction upon indictment or presentment for a misdemeanor,
and in cases where the punishment is by fine only, 4 00
For a conviction in any case where the offence is punishable by fine
and imprisonment, 4 oO
For a conviction in any case punishable by confinement in the peni-
tentiary, except cases of rape, arson, burglary, robbery, forgery
and counterfeiting, 8 00
For a conviction for homicide, other than capital, or for offences ex-
cepted in the last clause, 10 00
For a conviction in a capital case, 20 00
For his services in all actions which it is, or shall be, made his duty
by law to prosecute or defend, 4 00
But no fee shall be allowed where an indictment in a criminal case, or any
plaint or information, shall be quashed or held bad on demurrer, or judgment
thereon arrested, by reason of the insufficiency of the indictment, plaint or infor-
mation; nor shall any of the above fees be paid by the state or county.
§ 3. The clerks of the county courts, respectively, shall be allowed fees for their
services in county business, as follows:
For an order to erect or repair a public bridge, 12i
For making out and issuing of the appointment of any commission-
ers for erecting or repairing any public bridge, 25
For filing the bond of a contractor for erecting or repairing a bridge, 06i
For reading and filing every petition, and recording the order made
thereon, (to be paid by the petitioners,) 60
For copying the petitions, orders, plats and survey of roads, and all
other records appertaining thereto, for every hundred words, (to be
paid by the petitioners,) 10
For issuing each certificate of the appointment of a commissioner of
roads, 25
For reading, filing and entering the complaint or application of persons
objecting to a road, (to be paid by the complainants,) 25
For issuing a precept for an inquiry of damages in the case of roads,
(to be paid by the complainants,) 50
For reading and filing a return of such inquisition, (to be paid by the
complainants.) 12i
For entering every order to justices of the peace for laying out road
districts, and issuing copies thereof, 37i
For entering the appointment of overseers of roads, and issuing a
notification thereof, 25
For entering the appointmentof a constable, taking and filing his bond,
and issuing a certificate of his appointment, (to be paid by the
constable,) 50
264 FEES.
For entering every order concerning the erecting or repairing of any
county building, £5
For entering the appointment of persons to superintend the erecting
and repairing any county building, and issuing a certificate Liiereof, S74
For reading, filing and entering such report, plan, bond or other pa-
pers, touching any county building, 26
For entering every order for ascertaining any county line, and issuing
a copy thereof, 25
For entering every order approving or disapproving any return of the
survey of county lines, 25
For recording return of survey of county lines, if approved, 25
For entering every appointment of judges of election, and issuing
certificates thereof, for each township, 25
For entering every order fixing the places of holding elections in
his county, 12i
For entering every order for the support of any poor person, idiot or
lunatic, 124
For reading, entering and recording proceedings in relation to any
prison bounds, for every hundred words, 10
For all services required by law to be performed by him, touching the
incorporation of any town, (to be paid by the petitioners,) 1 00
For all services required to be performed by him in relation to the lay-
ing out of a township, or altering township lines, and certifying the
same, 60
For trying any weight or measure by the county standard, and sealing
the same, (to be paid by the applicant.) 25
For entering the appointment of any assessor or collector, and issuing
a certificate thereof, under the seal of his office, 50
For all services in taking, filing and safe keeping of a collector's bond
for state taxes, (to be paid by the state,) 1 00
For like services in relation to a collector's bond fo» county taxes,
(to be paid by the county,) 1 00
For making out state tax list, for every hundred words, (to be paid by
the state,) 6i
For making out every county tax list, for every hundred words, (to
be paid by the county, 6i
For issuing each license, under the seal of his office, (to be paid by
the applicant,) 50
For taking, filing, and safe keeping any bond, not herein otherwise
provided for, touching county business, (to be paid by the applicant,) 50
For making any settlement of account with the county, 25
For all services attending the licensing of a ferry, 1 00
For all services attending the licensing an inn or tavern, 50
For issuing eaah writ, and receiving, filing and docketing returns, 60
FEES. 265
For filing every paper not herein-before specified, 06i
For administering each oath, 06i
For swearing and entering a jury, • 50
For taking the verdict of a jury, and entering the same of record, 25
For entering every judgn^ent, 25
For copies of record imd papers, not herein-before provided for, for
every hundred words, 06i
For every rule or order, not herein-before specified, and copy thereof, l2i
For commission to take depositions, 75
For entering an appeal, except in appeals from assessor's books to
county courts, 12i
For every certificate andrseal, not herein-bsforc provided for, SO
For every subpoena, 50
For recording every paper, not herein-before provided for, for every
hundred words, 10
For taking every acknoA^ledgment of a deed or other writing, 25
§ 4. The clerks of the county courts, respectively, shall be allowed fees for their
services in probate, and all other business relating to the settlement of estates,
guardians, curators, idiots and lunatics, [as follows:]
For granting letters of administration, or testamentary, recording the
same, appointing appraisers, administering oaths, and every thing
relating thereto, 1 00
For taking bond of guardian, 25
For every order relating to administrators, executors or guardians, or
for other purj)oses, 10
For filing any paper, OG
For copying an order, 10
For copying any record or paper, not herein provided for, for every
twelve words, 01
For taking bonds of heirs to refund, 25
For entering verdict or judgment, 10
For taking new bond of administrator, executor or guardian, 25
For recording any instrument of writing, for every twelve words, 01
For issuing citation to an administrator, executor or guardian, 25
For taking proof of any will or codicil, 25
For every certificate and seal, 25
For issuing every subpoina, 181
§ 5. Clerks of the supreme court shall be allowed fees for their services as follows:
For a writ of error, certiorari, habeas corpus, quo warranto, or mandamus, 1 50
For a supersedeas, 50
For any other original writ, 1 00
For taking a bond or recognizance, on issuing a writ of error, or
supersedeas, 1 00
For filing a transcript and docketing a case, 50
35
266 FEES.
For filing assignment of errors or joinder, 20
For recording the opinions of the court, if requireii so to do, for every
ten words, 01
For certified copies of the opinions of the court, for every hundred
words, . 10
For filing any paper in a case, 121
For certified copies of abstracts of briefs of counsel, for every hun-
dred words, 08
For every other service to be performed by the said clerks, they shall be allowed
the like fees as are allowed to the clerks of the circuit courts for similar services.
§ 6. Clerks of the circuit court shall be allowed, as follows:
For filing a declaration, petition, plea, demurrer, affidavit or other pa-
per in a case, ^ 06i
For drawing, sealing and entering every writ, original or judicial,
filing the same and docketing the same, 1 00
For entering an appearance, 10
For filing a bail bond, 25
For taking 'and entering a recognizance of bail, in a civil or criminal
case, 25
For every other bond in a case, 25
For entering surrender of principal by bail, 25
For filing jailors' receipt, or entering excnerater, 25
For entering an order cancelling a bail bond, or discharging a recog-
nizance, . 10
For every issue joined, 25
For entering a motion or rule, 25
For every continuance of a cause, 25
For every subpanxi, 60
For a rule of reference for trial, to shew cause to take depositions,
or give security for costs, 25
For a copy of the same, if demanded without seal, 25
For a commission to take depositions, 50
For a copy of the interrogatories thereto annexed, for every hundred
words, 10
For entering every order, not otherwise provided for, 25
For entering a retraxit, discontinuance, or non-suit, 50
For entering a judgment by confession, default, nil dicit or non sum
informaiuSf 50
For swearing and entering each jury, 50
For attending and striking a special jury, and delivering a copy to
each party, "^^
For taking a general verdict of a jury, and entering the same of
record, ^^
Fortaking and entering a special verdict, for every ten words, 01
FEES. 267
For a trial before the court, without a jury, 50
For entering the report of referees, 10
For entering judgment upon any issue of law or fact, or on the re-
port of referees, 23
For entering appeals from inferior courts, 25
I For entering an appeal to supreme court, 25
For taking appeal bond or recognizance, 25
For a writ of certiorari, 50
For taking bond on certiorari, 50
For a writ of attachment, 1 00
For administering every oath, OGi
For entering satisfaction of record, 25
For copies of records and papers, for every ten words, 01
For bringing a particular record into court, 25
For every indictment returned by a grand jurj^, 50
For every submission, 25
For taking and entering of record every acknowledgment of a sheriff's
deed, 50
For acknowledgment of a deed in other cases, 50
For a certificate and seal, 50
For a scire facias or recognizance, judgments, or to revive a lien, 1 00
For a venire to summon a grand jury or special jury, 75
§ 7. The clerks of the circuit court shall be allowed fees for their services in
chancery, as follows:
For filing a bill, petition, answer, plea, demurrer or replication in a case, 20
For drawing, sealing, entering, issuing every writ, original, filing the
same, and docketing the return, 1 00
For entering every appearance, 10
For taking every bond in a case, 25
For every issue joined, 25
For entering every motion or rule, 20
For every continuance of a cause, 25
For every subpoena, 50
For every rule of reference, to shew cause, to take depositions, or give
security for costs, 25
For a commission to take depositionsj 50
For every copy of interrogatories, for every ten words, 01
For swcarmg and entering each jury, 50
For taking the verdict of a jury and entering the same on record, 25
For the trial of an issue of fact before the court, without a jury, 50
For entering a fmal decree, 1 50
For entering an interlocutory decree, 1 00
For entering any order, not otherwise provided for, 50
For entering the report of a commissioner, auditor, or referees, 50
268 FEES.
For filing exceptions to a bill or answer, 10
For filing an affidavit, deposition, or other paper in a cause, 06i
For administering an oath or affirmation, 06i
For entering appeals from inferior courts, SO
For taking an appeal bond or recognizance, 50
For entering appeal to the supreme court, 50
For a writ of ne exeat, or injunction, 1 50
For every execution, 75
For an attachment, other than against a witness or juror, 1 GO
For an attachment against a witness or juror, 50
For issuing a process of sequestration, 1 00
For copies of records and papers, for every ten words, 01
For bringing a particular record into court, 25
For every certificate and seal, 50
And for all other services by the said clerk in chancery, they shall be allowed the
same fees as are, or may be, allowed to clerks of the circuit courts, for similar ser-
vices at law.
§ 8. Sherifl!s shall be allowed fees for their services, as follows:
For serving every capias, summons, or declaration in ejectment, and
returning the same for each defendant.
For serving a writ of scire facias or attachment, for each defendant,
For takhig and returning every bail or delivery bond.
For serving a ne exeat or injunction, for each defendant,
For serving a habe facias possessionem, or sequestration, ♦
For serving every writ of execution.
And when served on real estate, the officer shall not.be bound to go on the land,
but may make his levy by describing the same in the best manner he can.
For making, executing and delivering a sheriff's deed, (to be paid for
by the purchaser,)
For every return of non est on a writ, original or judicial.
For a return of nulla bona,
For executing a writ of inquiry, drawing inquisition, and returning the
same.
For summoning a grand jury.
For summoning a special jury to try forcible entry and detainer, or to
assess damages on a special venire facias.
For summoning each witness,
For every return of nojiest on a suhpcena,
For serving every notice or rule of court, notice to take dopoiitions,
or citation on an executOY, administrator or guardian,
For committing any one to jai^ on civil process,
For discharging a commitment in civil cases.
For attending each court, per day.
For calling every action at each term,
1
00
1
00
50
1
00
1
50
1
00
2
00
50
50
1
50
4
00
4
00
50
12*
SO
50
50
1
50
10
FEES. 269
For calling each party, 10
For calling each jury, 26
For calling each witness, 06i
For committing a criminal to jail, 75
For furnishing a prisoner with board, for each day, 37i
For every trial in a criminal case, or confession, 1 00
For every trial in a capital cause, 3 00
For executing every death warrant, or sentence of death, to include
all necessary expenditures in performing the same, 15 00
For the safe keeping, supporting and removing live stock and other property,
seized under legal process, such fees as the court out of which the process issued,
shall deem reasonable, to be paid as other costs.
For commission for receiving and paying monies on execution or process, where
land and goods have been taken into custody, advertised and sold, three and one
half per centum on the first two hundred dollars, and two per centum on all sums
above that sum; and one half of such commission where the money is paid to the
sheriff, without seizure, or Vv^here the land and goods seized, or taken, shall not be
sold. The party at whose application any writ, execution, subpoena, or other
process, has issued from the supreme court, shall cause the same to be returned
without fee, unless the court shall, for special reasons, order the personal attend,
ance of the sheriff, in which case he shall be allowed, for each mile going and
returning from the court house of the county in which he resides, to the place
where the writ is returnable, five cents per mile. Guards employed to carry con-
victs to the penitentiary, and sheriffs engaged in the same service, shall each re-
ceive one dollar a day, while actually employed in said service, and shall each be
allowed five cents a mile from the place whence the convict is taken, to the peni-
tentiary, and five cents a mile returning the same distance; and for every criminal,
one dollar per day, wiiich fees shall be paid out of the state treasury; provided
the sheriff shall not, in any case, summon more than two pei'sons as a guard for one
prisoner, and in no case more than four persons to guard any number of prisoners
the said sheriff may have in charge at one time.
} 9. All monies collected by the sheriffs shall be paid to the plaintifi'or his order,
or his attorney of record.
§ 10. Coroners shall be allowed fees for their services as follows:
For the view of a dead body, 3 00
For issuing a warrant summoning each jury of inquest, 50
For swearing each jury, 50
For each subpoena for witnesses, 25
For taking each recognizance, 25
For going from his residence to the place of reviewing a dead body
and returning, each mile, 05
Which fees, together with the fees allowed to jurors, constables and witnesses in
all inquests, shall be paid out of the county treasury, as other demands.
For performing the duties of sheriff, the coroner shall be entitled to the same
fefcs as are. for the time being, allowed to sheriffs for such services.
270 FEES.
§ 1 1. Constables shall be allowed fees for their services as follows:
For serving a warrant in a criminal case, for each defendant, 60
For serving a warrant or summons in a civil case, for each defendant, 25
For summoning and swearing each jury, to try the right of property,
and taking the verdict, 1 00
For summoning each jury before a justice, 75
For taking criminal or debtor to jail, 75
For serving or giving notice of each execution, 25
For taking delivery bond, 25
For summoning each witness, 25-
For serving a -writ of attachment, 50"
For receiving and keeping property taken on execution, such compensation as
may be awarded by the justice from whom the process issued.
For collecting and paying over to plaintiff, for all sums collected, three per-
centum.
} 12. Interpreters and translators shall be allowed fees for their services, as fol-
lows :
For interpreting the testimony of each witness, 2-5
For translating every ten words, 02
} 13. County surveyors shall be allowed fees for tKeir services, as follows:
For every survey actually made, 1 OO
And the further sum of one cent for every chain, lineal measure, above one hun-
dred chains.
For calculating the quantity of eveiy tract of land not divided, 60
For calculating each division made in a tract of land, 50
For making each plat, 37J
For recording a plat, and certificate, 37J
For every copy of a plat and certificate, 37j
For travelling to the place of surveying, and returning, per rriile, 05
For ascertaining and planting each corner, under this act, to perpetu-
ate testimony, \ 00
For recording each certificate, under the same act, 75
For each day's attendance, as a witness, under the same act, 1 00
For delivering depositions to the recorder, under the same act, 25
§ 14. Recorders shall be allowed fees for their services, as follows:
For recording every deed, deposition, will or other instrument, for
every hundred words, K)
For every certificate and seal, 25
For recording a plat of survey, if not more than six courses, 374
For every course above six of the same, 05
For copies of plat, if not more than six courses, 37J
For every course above six, 05
For recording any certificate of marriage, 25
5 15. Noftaries public shall be allowed fees for their services, as follows:
FEES. 271
For noting a bill of exchange or promissory note for protest, 25
For entering a protest of thfc same, 50
For registering protest, 50
For noting witfiout protest, 50
For notice to indorsers and other parties, each, 25
For travel per mile, 10
For taking an acknowledgment of a power of attorney, or other .
instrument, 50
For a marine protest, 2 00
For each certificate, 25
For an affidavit to an account, attested by seal, 50
For affixing a notarial seal, 25
For drawing a contract of a boatman, if required by the parties, 50
For taking the acknowledgment of the parties to such contract, 1 00
For making an entry of a boatman, not rendering himself on board
agreeably to contract, 25
For affixing his seal thereto, 25
For all copies of records or papers in his office, for every hundred
words, 10
For all other services concerning boatmen and their contracts, the same fees
as are allowed to justices of the peace, for similar services.
§ 16. The secretary of state shall be allowed fees for his services, as follows:
For every certificate to authenticate any instrument of writing, to
which the seal of state shall be affixed, 1 00
For every like certificate, to which the seal of his office shall be
affixed, 1 00
For all copies of records and papers in his office, for every hun-
dred words, 10
But no fees shall be allowed for such service in the business of the state.
§ 17. The auditor of public accounts shall be allowed for his services, as follows:
For each copy of an account or document in his office, with the
seal of his office thereto affixed, to be paid by the party applying
for the same, 75
For executing a release to lands which have been bid of! to the state,
or individuals, 75
§ 18. Jurors shall be allowed fees for their services, as follows:
For each juror attending a view, inquest, or on the execution of a
writ of ad quod damnum^ per day, 50
§ 19. Witnesses shall be allowed fees for their services, as follows:
For attending any court of record, referee, auditor, commissioner,
clerk or coroner, at any inquest, inquiry of damages, within the
county where the witness resides, each day, 50
For like attendance out of the county in which he resides, each
day, 1 00
272 FEES.
For travelling allowance in the above cases, for each mile he shall
necessarily travel in going to, and returning from, the place of
trial, 05
For attending before a justice of the peace, each day, 50
For attending as a witness under the law to perpetuate testimony and mileage,
the same fees as are allowed for attending on a court of record, in like cases; but wit-
nesses summoned and attending in more than one cause on the same day, and at the
same place, shall only be allowed fees in one cause; and any witness who shall
charge fees for attending two or more causes on the same day, and at the same
place, shall not be entitled to receive any fees for that day.
§ 20. Every account for the attendance of any witness shall be sworn to, and
shall state that he was summ.oned to attend as a witness in the cause in which the
charge is made, the number of days he attended, and the number of miles he had to
travel in consequence of the summons.
§ 21. Justices of the peace shall be allowed fees for their services, as follows:
For administering every oath, 06i
For every subpoena, • 181
For every summons or warrant, in a civil case, 181
For issuing every attachment, 25
For entering judgment in every civil case, 37i
For issumg each execution, 25
For making certified copies on appeals or certiorari, for each hundred
words contained therein, 10
For taking and entering special bail, 12i
For issuing a bail piece, . 25
For granting and drawing a writ of habeas corpus, and deciding there-
on, to each justice, 1 50
For issuing a scire facias against bail to renew judgment, 25
For issuing a venire for a jury in a civil case, 25
For taking the acknowledgment of a deed or power of attorney, 25
For solemnizing a marriage, 2 00
For signing and certifying depositions, if ready, 25
For writing depositions, when required to do so, for every hundred
words, ' 10
For issuing a summons in forcible entry and detainer, or detainer
only, 75
' For a venire to summon a jury in the last case, 25
For issuing a writ of restitution, or re-restitution, 50
For taking and entering a verdict in forcible entry and detainer, or
detainer, 25
For appointing appraisers of an estray, or of money or goods found, 25
For certified copies of the appraisement, 25
For issuing an order to view a fence, 25
For issuing a warrant to assess damages, 25
FEES. 273
For viewing a dead body, the same fees as are allowed to coroners in like
cases.
For swearing a jury, 25
§ 22. In all cases where fees are allowed by this law, according to the number of
words, each figure shall be calculated as one word.
§ 23. Each sheriff, coroner and constable, in the return made by him on any writ,
or other process, shall state, at full length, the time when such writ or other pro-
cess was served, and how; otherwise such officer shall not be entitled to demand or
receive any fee for the service or execution of the same.
; .§ 24. Every officer to whom fees are allovNcd by this law, shall cause to be set
up, in some conspicuous place in his office, (if any he have.) and there constantly
kept, a fair table of his fees, herein-before prescribed, and shall forfeit to him who
will sue for the same, two dollars for every day that he may neglect to keep such
table set up, to be recovered by action ot debt.
§ 25. All officers or witnesses entitled to fees by this law, for services rendered
in any suit, matter or controversy, depending in any court of record, may make
out fee bills for such services at the end of each term of the court, wherein the
same is pending, charging the party at whose instance the services were rendered.
J 26. Such fee bills shall be examined by the clerk of the court in which the ser-
vices were rendered, and, if found correct, the clerk shall certify, the fee bills and
deliver them to the sheriff of the proper county, to be by him collected. Justices
of the peace may issue fee bills for all services rendered in justices courts; and all
fee bills so issued, shall have the same force and validity, and be subject to the
same rules and regulations, as fee bills issued by clerks of courts of record.
§ 27. If the person chai-geable, shail neglect or refuse to pay the amount thereof
to the sheriff, within twenty days after the same shall have been demanded, the
sheriff shall, and may, levy such fee bills, and the amount claimed therein, on the
goods and chattels of such person, in the same manner, find with the l.ke effect, as
on a Jieri facias; and if any sheriff shall neglect or refuse t'^> levy and collect such
fees, or to pay over the mone)' when collected to the person entitled thereto, within
three months after such fee bills shall have been delivered to him, the court shall,
upon ten days previous notice to him given, on motion, enter up judgment for the
amount of the fee bills so delivered to him, and issue execution therefor.
§ 28. If any party to a suit or other proceeding, shall pay any of the fees allowed
by this law, before final judgment, and judgment shall thereafter be rendered in his
favor, and costs adjudged to him, the amount so paid shall be taxed and endorsed
' on the execution, and levied and collected by virtue thereof, for the beneht of such
party; and all fees which shall not be so paid, shall be endorsed on the execution
and collected by virtue thereof, for the benefit of the person rendering the service,
or the same may be collected on fee bills as in the last section is provided, but only
the costs of the prevailing party shall be so taxed and endorsed, and levied and
collected.
§ 29. The clerks of the courts shall endorse on every execution which they shall
issue, the fees due to each officer, and any other person, and shall, at the same time of
36
274 FEES.
issuing an •xecution orTee bill, or of recovering any fees due to them hj any pai'ty
or other person, enter, in a particular book, the several items for which he ha»
charged, in words of full length. '
§ 30. Sach clerk shall deliver to any party or person from whom such fees are
due, on demand, a full and complete copy of the entry made in such book, with-
out any compensation for the same.
§ 31. Whenever any suit Is instituted against any clerk or other officer, for hav-
ing asked or taken illegal fees, the book referred to in the two last sections, and
the entries therein, may be given in evidence on the trial.
§ 32. No fees of any coroner, sheriff, justice of the peace, constable, or any other
cer or person, to whom fees shall be due and owing by virtue of this law, shall be
collected or paid by any person, either on execution, fee bill or otherwise, until such
sheriff, or other officer or person, shall produce and deliver unto the person charge-
able with the same, if demanded, an account in writing, containing, in words, the
particular items for which such person [is] charged, which shall be signed by such
fcheriff, or other officer or person to whom the same may be due.
§ 33. If any officer shall demand, charge or receive any more or greater fees
for his services than are allowed by law, or shall demand, charge or receive any
such fees without having performed the services for which the same are charged,
such officer, for every such offence, shall forfeit to the party injured, or against
whom the same shall have been charged, the amount of the fees illegally charged, and
five dollars for each item illegally demanded, charged or received, with costs, to be
recovered by action of debt, if the same shall be sued for within one year from the
time the offence shall have been committed.
{ 34. In all criminal cases, other than capital, and in all cases where the fine,
penalty or forfeiture, or any part thereof, on conviction, would accrue to any
county, the fees of officers and witnesses concerned therein shall be allowed and
paid out of the county treasury, if the defendant be acquitted, or where such defer*-
dant or his estate, or the prosecutor, is not made liable for the payment of costs, or
proves insolvent.
§ 35. In all capital cases, and other cases, where the fine, penalty or forfeiture,
on conviction, would accrue to the state, the fees, in case of acquittal, or inability
of the defendant or prosecutor to pay the same, shall be paid out of the state
treasury.
§ 36. In all cases where the state, or any county, shall be chargeable with fees,
the courts, respectively, in which the services charged for are rendered, shall audit
and adjust the accounts, and certify the amount due.
§ 37. Any amount certified as in the last section is provided, shall be paid out of
the state or county treasury, on warrants to be drawn therefor, as for other demands
for the issuing of which wan ant, tlie certificate of the court allowing the amount
shall be a sufficient voucher. ^
Approved^ March 2\sty 18^5.
FERllIES. 275
FERRIES.
An act regulating ferries.
Sea. 1. Not to be kept without license.
Z. Application for license how mado ; to be granted on pny of tha tax atseRied.
3. Tax to be not less than two dollare, nor more than five hundred doUari,
4. License to iasue on production of the collector's receipt for the tax.
5 Before delivery of the license, bond to be given ; condition of the bond, and where to be fllsilt
6. Bates of ferriage to be fixed by the court.
7. License may be granted by the clerk in vacation, assess the tax, fix lates, 4cik
8. To continue to the end of next term.
Q. Good boats and sufficient hands to bo kept
10. Penalty for neglect; how recovered.
11. Ferriage to be first paid, or tendered.
12. List of rates to be put up.
13. Penalty for neglect.
14. Keeping ferry without license, and receiving ferriage; pflnalty.
15. Liable to further damages, in an action on the case, tee.
16. Penalties under this act may be recovered, fee, in the name of the eounty.
17. On failure to perform duties herein required, bond to be sued on ; how.
18. Limitation to prosecution of suits under this act.
19. License may be revoked ; when,
20. License, in the discretion of the county court, may be granted witHbut tat.
21; Rates to be fixed ; not to be granted witliin one mile of ferry paying license.
22. Master or commander of steaniP-boat, liable to pay penalty to owner of ferry b1>3t tn eeitaln caie* ; k«W
recovered. .
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. No person shall keep a ferry, so as to demand and receive pay thereat,
without a license.
§ 2. Any person may petition the county court of the county for license to
keep a ferry, and if the court believe such ferry necessary, and that the petitioner
is a suitable person to keep the same, it shall order the clerk to issue a license upon
the payment of the tax assessed in such order.
{ 3. Such tax shall not be less than two dollars, nor more than five hundred dol-
lars, paid to the use of the state.
§ 4. Upon the production of the receipt of the collector of the county for the
tax to such clerk, he shall issue a license to keep a ferry at the place therein men-
tioned, for one year.
§ 5. Before the delivery of the license, such person shall give bond to the state,
with sufficient security, approved by such clerk, in such sum as the court shall
order, conditioned for the faithful performance of the duties required by law at
such ferry, which bond shall be filed in the office of such clerk.
k 6. The county court shall fix the rate of ferriage at each ferry, and may, at
any time, alter the same, having regard to the breadth and situation of the stream,
and publicity of the ferry. No change in the rates of ferriage shall go into effect
during the continuance of an} license.
\ 7. The clerk of the county court, in vacation, may grant ferry Ijcvense, a*s«s«
276 FERRIES.
the tax, and fix the rates for the same, and exercise all the power of the court
touching the same.
{ 8. Such license shall continue until the end of the next term of the county
court, and the tax shall be assessed in proportion to the time for which the license
is granted, and, in all other respects, the clerk and collector shall proceed as upon
licenses granted by the court.
§ 9. Every ferry-man shall keep at his ferry a good boat, (or boats.) in good
repair, suitable to the water, and sufficient hands to attend on all occasions.
§ 10. Every ferry-man fiiiling to give such due attendance, shall^or every of-
fence, forfeit five dollars, and for failure to keep such boat in good repair, shall for-
feit thirty dollars to the county where the ferry is situated; and he shall be liable
for all damages that any person may sustain thereby, to be recovered in an action
on the cose, in any court having jurisdiction.
§ 11. No ferry-man shall be compelled to do any act as such, before payment or,
tender therefor be made, according to the rates of the feri'y.
§ 12. Every ferry-man shall keep a list of the legal rates of ferriage, printed, or
written in a legible hand, constantly posted up at some public place at the ferry or
ferry-house.
§ 13. If any ferry -man fail to comply with the preceding section, he shall, for
every such offence, forfeit four dollars to the county.
§ 14. If any person demand or receive pfl^ for services as ferry-mon, without a
license, he shall forfeit to the county twenty dollars, for every day he shall keep
such ferry.
§ 15. Sach person shall be further liable, in an action on the case, for all dama-
ges that may accrue to the person licensed to keep such ferry.
§ 16. All penalties imposed by this act, may be recovered before any court,
having jurisdiction, in the name of the county.
5 17. Upon the failure of any ferry-man to perform any duty required by this
act, the attorney general, or circuit attorney for the district, shall commence and
prosecute an action on the bond given by tlie ferry-man, and the recovery of any
penalty shall be no bar to any action on such bond.
§ 18. Every oilence under this act shall be prosecuted within one year.
§ 19. If any ferry-man fail to perform his duties, the county court may, at any
time, revoke his license.
{ 20. If any couiity court believe that any ferry in their county is so little used
as not to justify the payment of license, they may, in their discretion, give to the
keeper of such ferry a license, without the payment of any tax.
^ 21. Such court shall take bond and fix the rates as in other ferries; and no such
free ferry shall be licensed within one mile of any other ferry that pays license.
§ 22. If the master or commander of any steam-boat shall land at the platform,
or known landing place of any public ferry, or ishall intentionally obstruct the pas-
sage of any ferry-boat, or moor, or unload against, over or upon the same, without
the consent of the owner or keeper of such ferry, such master or owner of such
steRm-boat shall forfeit and pay to the legal possessor of such ferry-landing, fifty
FORCIBLE ENTRY AND DETAINER. 277
dollars for each offence, to be recovered by action of debt, before a justice of the
peace, and shall be liable to an action for damages, to be recovered before any
court having competent jurisdiction.
Approved,, February 26„V/, 1835.
FORCIBLE ENTRY AND DETAINER.
An act concernvig forcible entries and detainers.
Sec. 1. Possession of lands, itc, only to be taken in a peaceabl.; manner, anH where entry is given bj law.
2. What acts deemed a fcrcibie eotry and detainer.
3. What deemed an unlawful detainer.
4. Three preceding sections, what estates they shall extend to and comprehend.
5. Cognizable before one justice of the peace.
6. Upon complaint in writing to a justice of ihe peace, summons to issue.
7. Summons to be annexed to tlie complaint ; form of tlie summons.
8. When and how summons to be served,
9. Fiecept for summoning a jury.
10. Form of the precept.
11. Jurors challenged, or not attending, others to be summoned.
12. Return of summons and precepr, when and liow made.
13. Party not appearing, proceedings to be ezparte, or cause adjourned.
14. Subpoenas for witnesses, how issued; attachment to compel their attendance may Isiua ; cause may be
continued.
15. Depositions may be taken; how, 4'c-
16. When returned, under what circumstances to be read in the cause.
17. Oath to be aditiiiiistered to the jury ; form of the oath.
13. Complaint to he read to the jury ; what proof complainant shall make.
19. On general verdict of guilty, judgment for restitution and writ of, to issue, &c.
20 Verdict of the jury to be in writing and signed by the foreman; verdict for part only, form of tha vsrdiot.
21. Verdict against complainant, judgment for costs, execution to issue, ,^c.
22. Justice to keep a docket of I. is proceedings ; wliat shall be entered on the same.
23. Justice to grant ne \ trial, if applied for, &c. ; not moro than one new trial shall be granted, &c.
24. Cause to be removed only by certiorari; on service of certiorari on justice, his duties, ^c.
2j. The estate or merits of the title not to be enquired into; limitation of this remedy.
86. Certiorari to be applied for in ton days; notice to be given; writ of restitution, when to issue.
27. Obtaining writ of certiorari, bond, &c., to be given, or, in default thereof, not to operate ai a supergodeas ;
and, in default of notice, to be dismissed.
28. Actual settlers to have this remedy ; proviso.
29- Quantity and extent of recovery ; where there is no survey, extent of, &c
30. Judgment, no bar to other proceedings.
31. Form of the writ of restitution.
32. Cause taken to the circuit court, how court to proceed.
33. Transcrijits, when and how tiled to create a lien on the real estate of the party bound, ic.
Be it enacted by the general assembly of the state of Missouri, as folloivs :
§ 1 No pei'son shall enter upon or into any lands, tenements or other possessions,
and detain or hold the same, but where entry is given by law, and then only in a
peaceable manner.
§ 2. If any person shall enter upon or into any lands, tenements or other pos-
sessions, and detain and hold the same with force, or strong hand, or with vpeapons,
or breaking open the doors or windows, or other part of a house, whether any
person be in it or not, or by threatening to kill, maim or beat the party in posses-
278 FORCIBLE ENTRY AND DETAINER.
lion, or by such words or actions as have a natural tendency to excite fear or
apprehension of danger, or by putting out of doors, or carrying away the goods
of the party in possession, or by entering peaceably, and then turning out by force,
or frightening by threats, or other circumstances of terror, the party out of posses-
sion, in svtch case, every person so offending, shall be deemed guilty of forcible
entry and detainer, within the meaning of this act.
§ 3. When any person shall wilfully, and without force, hold over any lands,
tenements or other possessions, after the termination of the time for which they
were demised or let to him, or the person under whom he claims, or shall lawfully
and peaceably obtain possession, but shall hold the same unlawfully and by force,
and after demand made in writing for the deliverance of possession thereof, by the
person having the legal right to such possession, his agent or attorney shall refuse
or neglect to quit such possession, such person shall be guilty of an unlawful
detainer.
§ 4. The three preceding sections of this act shall extend to, and comprehend
terms for years, and all estates, whether freehold or less than freehold.
§ 5. The aforesaid forcible entries and detainers, forcible and unlawful detainers,
are hereby made cognizable before any justice of the peace of the county in
which they are committed.
§ 6. When complaint to any justice of the peace for the proper county shall be
made in writing, and signed by the party aggrieved, his agent or attorney,
specifying the lands, tenements or other possessions, so forcibly entered and detain-
ed, by whom and when done, it shall be the duty of the said justice to issue his
summons under his hand, directed to the sheriff or constable of the county, com-
manding him to summon the person against whom the complaint shall be made, to
appear before the said justice, at a day in such summons to be named.
§ 7. The summons shall be endorsed on, or annexed to, the complaint, and shall
be in the form or effect following:
♦'THE STATE OF MISSOURI,
To the sheriff" or constable, (as the case may be,) of the county of Greeting:
You are hereby commanded to summon G. H. of the county of , to appear
before the undersigned justice of the peace, within and for said county, at , in
said county, on the day of , at the hour of o'clock, in the forenoon
of said day, then and there to answer and defend against the complaint of E. F.,
of forcible entry and detainer, or of an unlawful detainer, (as the case may be,)
•made by the said G. H. upon the lands of the said E. F., as by the complaint of the
said E. F. hereto annexed, will more fully appear, and have you then and there
this precept, with the return of your proceedings thereon.
Given under the hand of the said justice, this day of , in the year of
our Lord . A. B., justice of the peace."
§ 8. Such summons shall be served at least five days before the return day there-
of, by reading the complaint and summons to the defendant therein named, or
delivering him a copy thereof, or by leaving such copy at his usual place of abode,
FORCIBLE ENTRY AND DETAINER. 279
with some white member of his family above the age of fifteen years, and explain-
ing to sudh person the contents thereof.
§9. The justice shall, at the same time, issue to the sheriff, or any constable, a
precept, commanding him to summon twelve good and lawful men, qualified to serve
as jurors, to appear at the same time and place appointed for the trial of
said complaint, to be a jury in the cause.
§ 10. The precept shall be in the form or of the effect following:
"THE STATE OF MISSOURI,
To the sheriff or constable, (as the case may be,) of the county of Greeting:
Whereas, complaint in writing is made to the undersigned, a justice of the
peace in and for said county, of a certain forcible entry and detainer, (or if of
detainer only, then say, of a certain unlawful detainer,) made by G. H., in the
messuage, or on the land of E. F., in the county aforesaid, these are, therefore,
to command you, that you cause to come before the said justice, at , in the
county aforesaid, on the day of , at the hour of o'clock, in the
forenoon of said day, twelve good and lawful men, of the body of the county,^ to
make a jury, to enquire into the forcible entry and detainer, (or unlawful detainer,)
before described.
Given under my hand, this day of , in the year one thousand eight
hundred and . A. B., justice of the peace."
f 11. If a sufficient number of jurors fail to attend, or attending, are set aside
by challenge, the justice may order the officer to complete the number.
§ 12. The officer shall return to the justice the summons and precept, on the day
assigned for the trial of the cause, and shall state on the back of the summons how
he hath served the same; and, on the back of the precept, a list of the jury sum-
moned in obedience thereto.
§ 1 3. If the party does not appear at the time appointed for hearing the com-
plaint, the justice may proceed exparte, or adjourn the cause at his discretion,
except that he shall not adjourn for a longer time than ten days, nor to any other
place than that assigned for the hearing of said cause, as named in the summons,
^14. The justice shall have ppwer to issue subpoenas for witnesses, on the appli.
cation of either party, and if the witnesses summoned do not attend, the justice
may issue an attachment to compel their attendance, and may continue the cause,
at his discretion, not exceeding ten days.
§ 15. Depositions may be taken to be read on the trial of any such cause in the
same manner as in courts of record, except that the commission for taking the testi-
mony of non-resident witnesses shall be issued by the justice, and the depositions^
when taken, shall be certified to the justice before whom the cause is pending.
{16. Every such deposition, taken and returned according to law, may be read^
;f competent and relevant, as evidence in the cause; if it appear to the satisfaction
of the justice that the witness resides out of the state or county in which the trial.
Is to be had, or is dead, or by reason of his age, sickness or bodily infirmity, is
unable to attend the trial, or has gone out of the state or county without colliasi£in».
privity or consent of the part^ offering his testimony.
280 FORCIBLE ENTRY AND DETAINER.
§ 17. To the jurors, and each of them, who shall be returned to enquire of and
try the complaint, the justice shall administer the following oath or affirmation:
'*Yon do solemnly swear, (or affirm,) that you will, well and truly try the forcible
entry and detainer, or unlawful detainer, as in the complaint of E. F., alledged,
an'! . Lrue verdict give according to evidence.
§ 18. When the jury is sworn, the justice shall cause the complaint to be read
to them, and then call upon the complainant to support the same; but the com-
plainant shall not be compelled to make further proof of the forcible entry or
detainer, than, that he was lawfully possessed of the premises, and that the defen-
dant unlawfully entered into and detained the same.
§ 19. If the jury on the trial find the defendant guilty, the justice shall record
the verdict and give judgment thereon witii costs, and also issue a writ of restitu-
tion, directed to the officer, to cause the complainant to he rc-seized or re-possessed,
to which shall be added a clause commanding the officer to itwy the said costs of the
goods and chattels of the offender.
y 1^' "^^^ verdict of the jury shall be in writing, and signed by the foreman only,
and shall be in iw® ^orm 5nd effect, following: "We, the jury, find the defendant
gCiilly, (or not guilty, as tht case may Le,) of the forcible entry and detainer, (or if
the complaint is for an unlawful detainer only,) then say, "of the unlawful detain-
er," in manner and form as the complainant hath in his complaint alledged;" or if
the jury find the defendant guilty of part, only, of the forcible entry and detainer^
(as the case may be,) they shall so find, and shall find the defendant not guilty as
to the residue.
} 21. If the jury find against the complainant, the justice shall record the verdict
and give judgment accordingly , with costs, and shall issue execution therefor against
the. goods and chattels of the complainant.
§ 22. It shall be the duty of the justice to enter on his minutes, or docket, the
names of the jurors, their verdict, and his judgment thereon, and the admission
6f evidence objected to, and the rejection of evidence offered, and the reason of
such admission or rejection, and all the proceedings before him had, touching the
complaint. •
{ 23. In all cases under this act, the justice shall have power to grant a new
trial, if the same be applied for on the day on which the verdict was rendered, and
good cause be shewn therefor: yet not more than one new trial shall be granted to
t[i,e same party.
5 ,'24. The proceedings had under this act, may be removed to the circuit court
of the county, by certiorari, and in no other way, and then only after judgment;
and when a certiorari shall be served upon the justice, he shall return, to the next
circuit court of the county, a complete copy of his docket, containing a copy of
all the proceedings had before him in the cause, together with the original papers.
§ 25. The estate or merits of the title shall in nowise be enquired into on any
complaint which shall be exhibted by virtue of this act, and this act shall not
extend to any person who hath had the uninterrupted occupation, or been in quiet
possession of any lands or tenements, for the space of three whole years together'
FORCIBLE ENTRY AND DETAINER. 281
immediately preceding such complaint so exhibited to the justice, and whose estate
therein is not ended or determined; but every such person may plead the same to
the complaint which shall be tried, as before described.
§ 26. No certiorari shall be allowed, unless applied for in ten days after tlie trial,
nor shall the justice issue any writ of restitution within ten days after the trial;
and where the party obtains a certiorari, he shall notify the opposite party thereof,
at least ten days before the sitting of the court to which the same may be re
turned.
5 27. The clerk of the circuit court may issue vrrits of certiorari under this act,
and the party, before obtaining such writ, shall give bond and security in such sum
as the clerk of the circuit court shall direct, conditioned for the payment of all
costs that has or may accrue, if he shall fail to prosecute his certiorari with effect;
and in default thereof, the said certioral'i shall not operate as a supersedeas, and
in default of notice, the certiorari shall be dismissed; and when the bond and
security is given, the clerk shall endorse on the writ of certiorari that security has
been given; then, and in that case, the writ of certiorari being served on the
justice, shall operate as a supersedeas to all, further proceedings in the court
below.
5 28. Every person who shall have a settlement or field on public land, and
who shall reside on, or be in possession of, the same, at the time of the forcible
entry and detainer, or forcible and unlawful detainer, shall and may have the
same remedy as is herein provided in such cases, against any person who shall
make such unlawful entry upon him: Provided^ that any person having authority
from the United States, or lawfully claiming under them, shall have power to enter
into such lands.
{ 29.. When any forcible entry and detainer, or unlawful detainer, shall be
made upon any lands or other possessions, against the provisions of this act, the
^person having the unlawful possession shall, aeainst the wrongdoer, be considered
as entitled to such quantity, extent and limits of lann?^ as by the patent; grant,
concession, deed, survey, donation, settleaicnt or pre-emp don right, such person
or those under whom he claims, can, l>y the laws of the United States, or of this
state, have, and lawfully claim in and to such premises; and where no legal survey
has been made of such possession, the improvement of ilie person entitled to the
possession shall be in the middle of the tract, as near as may be, making the survey
as near in a square as may be, not to interfere with any established surveys or Ime,
or any conditional lines agreed upon by the adjoinmg proprietors or possessors,
§ 30. Neither ihe judgment, or any thing in this act, shall bar or prevent the
party injured from bringing an action of tresspass, or other action, agamst the
aggressor or party ofiending.
§ 31. The writ' of restitution shall be m the form, or to the effect, following:
"THE STATE OF MISSOURI,
To the sherif or constable, (as the case may be,) of the county of , Greeting:
Whereas,'E, F. did make to tbo undersigned, a justice of the peace within
37
J382 FRAUD;
and for said county, a complaint in writing against G. H., of said county, that he
had been guilty of a forcible entry and detainer, (or of an unlawful detainer, as
the case may be,) of a certain tract of land, (or other possessions, as the case may
be,) of the saidE. F., and whereas, the jury was empannelled and sworn to enquire
of the said complaint, did return their verdict, that the said G. H. was guilty
thereof, in manner and form as the said E. F. had complained against him; or if
the verdict is guilty as to part only, then as follows: (here insert a description of
that part of the premises of which the defendant is found guilty as in the verdict.)
And whereas, judgment was thereupon entered by the said justice, that the said
E. F. should have restitution of the said premises; you are, therefore, commanded
to cause the said G. H. to be forthwith removed from the premises aforesaid, and
the said E. F. to have peaceable restitutio^n of the same; and, also, to levy of the
goods and chattels of the said G. H., found in your county, the sum of dollars,
and cents, being the costs on the trial aforesaid, together with for this
writ, and also your own fees; and make return of this writ, with your doings
thereon, within twenty days next coming.
Witness, the said justice, this day of , in the year of our Lord
A. B., justice of the peace."
^ 32. When any cause shall be regularly taken to the circuit court under this
act, if the court shall find the proceedmgs regular and lawful, the judgment shall
be afErmed; but if their be substantial error in the proceedings, the judgment shall
be reversed and a new trial awarded, which trial shall be had in the circuit court,
and the court may award a writ of restitution, or re-restitution, as the circumstances
of the case may require, and the costs shall, in all cases, abide the judgment in the
circuit court.
§ 33. If any execution issued by the justice under this act shall be returned
unsatisfied, the party entitled to satisfaction may file a transcript of the judgment,
execution and return, certified by the justice, in the office of the clerk of the cir-
cuit court of the county; and the judgment, from the time of filing the transcript,
shall have the same lien on the lands and tenements of the party as judgment ren-
dered in the circuit court, and the clerk may issue execution thereon against the
goods and chattels, lands and tenements of the party, which shall be proceeded in
in like manner, and with like effect, as in cases of executions or judgments of a
court of record.
Approved^ January 22{?, 1835.
FRAUD.
An act to prevent fraud.
Brno. 1. Deed of gift and conveyance of goods, &c., in trust, tc, void as to creditors and pnrcbasers.
2 Conveyances of land, goods, &c., with intent to delay, binder, or defraud creditors, &c., void,
3. Uualiflcation of preceding section as to subsequent purcbasers.
FRAUD. 2S3
Sto. 4, Otft of goods, chattels, elares, &o., not on consideration deemed valuable, tc, void as to ereditor* and
purchasers, unless possession accompany it, or the will, or deed, be acknowledged, recorded, ^c.
5. Loans, after five years possession, reservation, iStc, after Sve years possession, void as to creditors and pur-
chasers, and the property with the possession, unless declared by deed or writing, proved and re-
corded. Sec.
6. Conveyances not valid until delivered for record ; and not then, if made with intent to defraud, tec
7. Not to extend to bona fide conveyances, or to subsequent bona fide purchaser.
ff. Leases not in writing to operate as estates at will, except leases not exceeding three years ia certain cases.
9. Assignment and surrender of leases, &c., to be in writing.
10. Declarations, or creations of trusts, fcc, and all grants and assignments of trusts, ^-c, to be by will or
writing.
11, Force and effect of resulting trusts.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. Every deed of gift, and conveyance of goods and chattels, in trust to the
use of the person so making such deed of gift or conveyance, is declared to be
void as against creditors, existing and subsequent, and purchasers.
§ 2. Every conveyance or assignment, in writing or otherwise, of any estate or
interest in lands, or in goods and chattels, or things in action, or of any rents and
profits issuing therefrom, and every charge upon lands, goods, or things in action,
or upon the rents and profits thereof, and every bond, suit, judgment, decree or
execution, made or contrived with the intent to hinder, delay or defraud creditors,
or other persons, of their lawful actions, damages, forfeitures, debts or demands,
as against creditors and purchasers, prior and subsequent, shall be void.
§ 3. No such conveyance or charge shall be deemed void in favor of a subse-
quent purchaser, if the deed or conveyance shall have been duly acknowledged or
proved and recorded, or the purchaser have actual notice thereof at the time of his
purchase, unless it shall appear that the grantee in such conveyance, or [person] to
be benefitted by such charge, were party or privy to the fraud intended.
§ 4. Every gift of goods, chattels and slaves, and all other conveyances of the
same, not in consideration deemed valuable in law, shall be void as against all
creditors and purchasers, unless possession shall really and bona fide accompany
such gift or conveyance, or unless the same be by wall, duly proved and recorded,
or by deed in writing, acknowledged or proved and recorded in such manner as
conveyances of lands are by law directed to be acknowledged, or proved and re-
corded.
5 5. Where any goods or chattels, or slaves, shall be pretended to have been
loaned to any person, with whom, or those claiming under him, possession shall
have remained for the space of five years, without demand made and pursued by
due process of law on the part of the pretended lender, or v/here any reservation
or limitation shall be pretended to have been made of any use of property by way
of condition, reservation or remainder, or otherwise, in goods and chattels, the
possession whereof shall have remained in another, the same s'nall be taken as to
all creditors and purchasers of the persons so remaining in possession, to be void,
and that the absolute property is with the possession, unless such loan, reservation
or limitation of use or property were declared by will or deed, in writing, proved
or acivnowiedged and recorded as required by the preceding section.
284 ^ FREEDOM.
{ 6. No conveyance, required by either of the two preceding sections to be re-
corded, shall be valid or binding, except between the parties and their legal repre-
sentatives, until the same shall have been deposited in the recorders office for
record; and even then, if made with intent to defraud prior creditors or purchas-
ers, shall be void against such creditors and purchasers.
5 7. This act shall not extend to any estate, or interest in any lauds, tenements,
or hereditaments, goods or chattels, or any rents, profits or commons out of the
same, which shall bo upon valuable consideration, and bona fide and lawfully con-
veyed; nor shall this act be construed to avoid any deed as against any subsequent
bona Jidc purchaser from the grantee, for valuable consideration, and without any
notice of fraud.
} 8. All leases, estates, interest of freeholds, or lease of years, or any uncertain
interests of, in, to or out of any messuages, lands, tenements or hereditaments, made
or created by livery and seize a only, or by- parol, and not put in writing and signed
by the parties so making or creating the same, or tlieir agents, lawfully authorised
by writing, shall have the force and effect of leases or estates at will only, and
shall not, either in law or equity, be deemed or taken to have any other or greater
force, except leases not exceeding the term of three years from the making thereof,
whereupon the rent reserved to the landlord, during such term, shall amount unto
two-third parts at l!.- least of the full improved value of the thing demised.
j 9. No Teases, Cfitates, hiierest, either of freehold or of term of years, or any
uncertain interest of, in, to or out of any messuages, lands, tenements or heredita-
ments, except leasee for a term of years not exceeding three, shall at any time
hereafter be assigned, granted or surrendered, unless it be by deed or note ia
writing, signed by the party so assigning, granting or surrendering the same, or
their agents, lawfully authorised by writing, or hy operation of law.
§ 10. Ail declarations or creations of trusts or confidences of any lands, tene-
ments or hereditaments, shall be manifested and proved by some writing, signed by
the party who is or shall be by law enabled to declare such trusts, or by his last
will in writing, or else they shall be void; and all grants and assignments of any
trust or confidence shall be in writing, signed by the party granting or assigning
the same, or by his or her last will in writing, or else they shall be void.
§ 11. Where any conveyance shall be made of any lands, tenements or here-
ditaments, by which a trust or confidence may arise or result by implication of
law, such trust or confidence shall be of like force as the same would have been if
this act had not beenmade.
Approved, February \\ih, 1835.
FREEDOiM.
An act to enable persons held in slavery to sue for their freedom.
See. 1. Persons hel.I in slavery, how permitted to s,.c.
2. If petition contains sufficient matter to authorize suit, wliat order tlie court or judge siiall make.
L __
FREEDOM. 285
Skc. 3. Both orders to bo endorsed on petition, and copied on the writ, and how served.
4. In case of improper restraint, severe treatment, ^-c, court or judge to order prisoner to bo brought up, i^-c
5. Warrant for that purpose to be directed to sheriff; what It shall contain.
6. Warrant, how and where it may be executed.
7. retitioner brought before the ju[!ge, person la whose possession he was found, to enter into recognizance.
8. Failing to enter into recognizance, petitioner to be hired out; bond, to be taken; condition of the bond.
9. ^ Form of the action to be commenced.
10. The declaration, and what averments it shall contain.
11. What, and how, the defendant may plead.
12. Petitioner required to prove his freedom.
13. On judgment for the petitioner, its extent and effect.
14. Plaintiff shall not recover any damages in suits under this act.
15. Appeal or writ of error allowed ; when taken by the plaintiff, shall be a supersedeas, without recognizance.
Be it enacted by the genei^al assembly of the stale of Missouri, as follows:
§ 1. Any person held in slavery may petition the circuit court, or judge thereof
in vacation, for leave to sue as a poor person, in order to establish his right to free-
dom, and shall state, in his petition, the ground on which his claim to freedom is
founded.
5 2. If in the opinion of the court or judge, the petition contains sufficient matter
to authorize the commencement of a suit, the court or judge shall make the follow-
ing orders:
First, An order allowing the person to sue as a poor person to establish his
right to freedom, and assigning him counsel.
Second, An order that the person have reasonable liberty to attend his coun-
sel and the court, as occasion may require; that he be not removed
out of the jurisdiction of the court, and that he be not subject to
any severity on account of his application for freedom.
§ 3. Both orders shall be endorsed upon the petition, and a copy of them endorsed
upon the writ, and served therewith, and in the same manner.
§ 4. If the court or judge is satisfied, at the time of presenting the petition, or at
any time during the pendency of the suit, that the petitioner has been, pr is about
to be, restrained by any person, of reasonable liberty of attending his counsel or
the court, or is about to be removed out of the jurisdiction of the court, or that he
has been, or is about to be, subjected to any severity on account of his application
for freedom, the court or judge shall cause the petitioner to be brought up by a war-
rant under the seal of the court or hand of the judge.
{ 5. The warrant may be directed to the sheriff of any county, and shall com-
mand the officer to seize the petitioner, wherever he may be found, and bring him
before the court or judge, and to summon the person, in whose possession he is
found, to appear before the court or judge, on a day and at a place to be therein
specified.
§ 6. The warrant may be executed by the officer to \vhom it is directed, in any
county in this state.
§ 7. When the petitioner is brought before the court or judge, the person m
whose possession he was found, or his agent, shall enter into a recognizance to the
state of Missouri, with sufficient security, conditioned that the petitioner shall,
286 FUGITIVES FROM JUSTICE.
during the pendency of the suit, have reasonable liberty of attending his counsel
and the court, that he shall not be removed out of the jurisdiction of the court
where the suit is to be brought or is pending, and that he shall not be subjected
to any severity on account of his application for freedom, which recognizance shall
be filed in the court and be a record thereof.
{ 8. If the person, or his agent, fail to enter into the recognizance, the court or
judge shall make an order that the sheriff take possession of the petitioner, and
hire him out to the best advantage, from time to time, during the pendency of the
suit, and take a bond from the hirer, payable to the state of Missouri, in such pen-
alty as the court or judge shall, in the order, direct, and with such security as the
sheriff approves, conditioned as in the recognizance of the defendant, and further
conditioned that the hirer will pay the hire to the sheriff, and return the peti-
tioner at the expiration of the term for which he is hii-ed, or as soon as the actioix
is determined.
§ 9. The action to be brought under the leave given, shall be an action of tres-
pass for false imprisonment, and shall be instituted in the name of the petitioner,
against the person holding him in slavery or claiming him as a slave.
} 10. The declaration shall be in the common form of a declaration for false
imprisonment, and shall contain an averment, that the plaintiff, before and at the
time of the committing of the grievances, was, and still is, a free person, and that
the defendant held, and still holds, him in slavery.
§ 11. The defendant may plead as in other like cases, or he may plead the gen-
eral issue, and give any special matter in evidence.
5 12. If the plaintiff be a negro or mulatto, he is required to prove his right to
freedom.
{ 13. If the plaintiff's right to freedom is established, judgment of liberation
shall be given in his favor against the defendant, and all persons claiming under
him, by title derived after the commencement of the suit.
5 14. In actions prosecuted under this act, the plaintiff shall not recover any
damages.
{ 15. Either party to the suit may have a writ of error, or appeal, to the supreme
court; and an appeal or writ of error taken by the plaintiff, shall operate as a super-
sedeas, without any recognizance.
Approved, January 27 ih, 1835.
FUGITIVES FROM JUSTICE.
An act relative to fugitives from other states.
Bko. 1. Upon demand regularly made, governor to issue his warrant; to whom directed.
2. What shall be set forth in the warrant.
3. Where and how warrant to he executed ; power and duty of the person to whom warrant is directed.
4 May be put in jail for safe keeping, on bia passage from the place taken to the place to b« brought by
the warrant.
FUGITIVES FROM JUSTICE. 287
Baa. & Eipenaes to bo paid oot of the state treasury.
6. Persons charged, on the oath of another, of fleeing from another state for crtee, warrant to Iwue.
7. On examination, tlie party charged may bo committed to jail, or bailed.
8. Judge or justice, how to proceed in the esamination ; retarn thereof to be made, and copy to be fnrnisbed
to the governor.
9. Duty of the governor.
10. Offender to be delivered up on demand.
11. If the offender be out on bail, sheriff shall be authorized to take him, &c.
12. Circuit court may discharge or detain accused ; when. ,
13. Not to be kept in prison, or held to bail, beyond the end of second term after arreit.
14. Recognizance forfeited, it shall inure to the state. "•
15- Security to be taken for the payment of costs from the prosecutor.
16. Costs may be collected by fee bills ; duty of the sheriff in such case.
17. If not paid, when execution to issue.
18. Clerk may, notwithstanding the two preceding sections, sue on the bond for cost and charges.
19. Warrant, when to issue, to take fugitives from service from other states.
20. Proof to entitle person to such warrant ; what it shall be.
21. How the warrant shall be executed.
22- Court or magistrate, how to proceed when such fugitive shall be brought before them.
23. Ob tlie hearing of the parties, &.c., person charged may be discharged ; when, i^c.
24. If the person charged be a slave, and not the property of the claimant, how to proceed.
25. Person charged, &c., and discharged, bis remedy against the person who had him arrested.
26. Proceeding, if it appear that the claimant is entitled to the services of the fugitive.
27. Authority of the claimant under the certificate granted to him by the court, &c.
28. No person to remove fugitive from this state, unless by the provisions of this act.
29. Violating the provisions of the preceding section, penalty.
30. Fees and expenses, how paid in proceedings against fugitives from labor.
Be it enacted by the general assembly of the state of Missouri, as follows :
§ 1. Whenever the executive of any other state shall demand of the executive
of this state, any person as a fugitive from justice, and shall have complied with
the requisites of the act of congress in that case made and provided, it shall be the
duty of the executive of this state to issue his warrant under the seal of the state,
directed to any sheriff, coroner, or other person, whom he may think fit to intrust
with the execution of such warrant.
5 2. The warrant shall authorise the officer or person to whom it is directed, to
arrest the fugitive any where within the limits of this state, and convey him to any
place therein named, and commanding all sheriffs, coroners, constables and other
ofl&cers, to whom the .warrant may be shewn, to aid and assist in the execution
thereof.
§ 3. Every warrant so issued may be executed in any part of the state, and
the officer or person to whom it is directed shall have the same power to command
assistance therein, and in receiving and conveying to the proper place, any person
duly arrested by virtue thereof, as sheriffs and other officers by law have in the
execution of civil or criminal process directed to them, with like penalties on those
who refuse their assistance.
§ 4. The officer or person executing such warrant may, when necessary, con-
fine the prisoner, arrested by him, in the jail of any county through which he may
pass in convejing such prisoner to the place commanded in the warrant, and the
keeper of such jail shall receive, and safely keep such prisoner, until the person
having him in charge shall be ready to proceed on his route.
288 FUGITIVES FROM JUSTICE.
§ 5. The expenses which may accrue under the foregoing sections of this act,
being first ascertained to the satisfaction of the executive, shall, on his certificate,
be allowed and paid out of the state treasury.
§ 6. Whenever any person within this state shall be charged, on the oath or affir-
mation of any creditable witness, before any judge or justice of a court of record,
or a justice of the peace, \-, iih the commission of any crime in any other state or
territory of the United States, nnd that he fled from justice, it shall be lawful for
tlie judge or justice to issue his warrant for the apprehension of the party charged.
§ 7. If, upon examincciion, it shall appear to the judge or justice that the person
charged is guilty of the crime alleged, he shall commit him to the jail of the county,
or, if the ofience is bailable, take bail for his appearance at the next term of the
circuit court in the county.
§ 8. The judge or justice shall proceed in the examination in the same manner
as is required when a person is brought before such officer charged with an offence
against the laws of this state, and shall reduce the examination to writing, and
make return thereof as in other cases, and shall also send a copy of the examina-
tion and proceedings to the governor of this state, without delay.
§ 9. If, in the opinion of the governor, the examination contains sufficient evi-
dence to warrant the finding an indictment, he shall forthwith notify the executive
of the state or territory in which the crime is alleged to have been committed, of
the proceedings against the person arrested, and that he will be delivered, on de-
mand, without requiring a copy of an indictment to accompany the demand.
§ 10. When a demand shall be made for the offender, the governor shall forth-
with issue his warrant, under the seal of the state, to the sheriff" of the county
wherein the party charged is committed, or bailed, commanding him to surrender
the accused to such messenger as shall be therein named, to be conveyed out of the
state.
§ 11. If the accused shall be at large, on bail or otherwise, it shall be lawful for
the sheriff" to arrest him forthwith, any where within the state, and to surrender
him agreeably to the command of the warrant.
§ 12. In all cases where the party shall have been admitted to bail, and shall
appear according to the condition of his recognizance, and he shall not have been
demanded, the circuit court may discharge the recognizance, or continue it, accord-
ing to the circumstances of the case, such as the distance of the place where the
offence is alleged to have been committed, the time since the arrest, the nature of
the evidence, and tlie like.
} 13. In no case shall the party be kept in prison, or held to bail, beyond the
end of the second term of the circuit court, after the arrest; and if no demand is
made for him within that time, he shall be discharged.
§ 14. If any such recognizance shall be forfeited, it shall inure to the benefit of
the state.
§ 15. When a complaint shall be made against any person, as provided by this
act, the judge or justice shall take from the prosecutor a bond to the clerk of the
circuit court, with sufficient security, to secure the payment of the costs and ex"
FUGITIVES FROM JUSTICE. ^9
penses e sbich nmy accrue by occasion of the arrest and detention of the party
chnrgeAU juich bond shall be certified and returned, with the examination, to the
office <ion is nlerk of- the circuit court. ;. >
§ 16The ass.the determination of the proceedings in that county [court,] thq
clerk n-,ay issue fee bills, which shall be served on the principal and securities in
the bond, by the sheriff, in the same manner as other fee bills; for which service
the sheriff shall be allo\yed the same fee as for serving notices.
§ 17. If the cQsts.and chai-ges are not paid on or before the first day of the next
term of the circuit court, nor any cause shown why they should not.be paid, the
clerk may issue execution for the same against the parties on whom the fee bill waa
served. .. ,
{18. Nothing in the two preceding sections shall be construed to prevent the
clerk from, instituting suit on such bond for the recovery of the costs and charges.
<J 19. Whenever any person, legally held to labor or service in any state or ter^
ritory of the United States, shall escape into this state, the person entitled to the
services e{ such fugitive, or the agent of such person duly authorized by him^ upon
making due proof of such title to any court of record, or. any judge or justice
thereof, or a justice of the peace, shall be entitled to a v/arrant, directed to the
sheriff of ,;the county wh^re such justice shall be, comTn'an4in;g him totaj^e the
body of such fugitive, and have him before the court or magistrate issuing the
warrant, on a day to be therein specified. ...
§ 20. The proof to entitLe any person to such warrants shall be by affidavit,
setting forth, particuUrly and minutely, the ground of such claim to the services
of such fugitive, the time of the. escape, and where he thexji is. -, . - ^
§21. The .officer to whom such warrant shaJl. be directed An4 delivered, shall
execute the same by arresting and taking the body of such fugitive, and bringing
him before the court or magistrate before whom such writ shall be returnable.
{ 22. The court or magistrate shall proceed to hear the allegations and proof of
the parties, aad shall, if required, allow a reasonable time to either party to pro^
cure further necessary proof, and, in such case, commit silch fugitive to the custody
of the sheriff of the county for safe keeping, or may take bond to the claimant ic:
such penalty as shall be deemed reasonable, with sufficient securities^ eoiiditioned
that such fugitive shall appear before the court or magistrate at a tim.e and place,
therein specified, to abide the order and decision of the court or magistrate, m
relation to the claini. - ., "'
§ 23. If upon the hearing of the partie.s and witnesses, the court, or officers, shall
be satisfied that the claimant is not entitled to the service of such person, he shaP
be discharged, except in the case hereinafter next mentioned.
§ 24. If it appear that the person so arrested and brought before a court or
magistrate, is a ruaaway slave, not the property of the claimant, the eolirt or
magistrate shall con;imit such slave to the jail of the county, there to be dealt with
in all respects as by law provided in cases of runaway slaves.
§ 25. When any person arrested under this act shall be discharged by the court
or magistrate, the person at whose instance he was arrested shall pay him o;ie
38
290 GAMING.
hundred dollars, the costs and expenses mcurred by him, and all damag^gj-ie may
have sustained.
§ 26. .If it shall appear that the claiiTiant is enti'tled to the scrvic ^q oathc^ ^"g^-
tive, the court or magistrate before whom such hearing shall bo ha„^,^j.t Qf p*ant to
the claimant a certificate, stating, that it satisfactorily appears that such /ugitive
(who shall be particularly described in the certificate by his name, age and personal
appearance,) doth owe service or labor to th-^ Ciai^r.aat, (naming such person
and his place of residence,) and thereby allowing such person or his agent (to bo
also named in the certificate) to take such fugitive and convey him to the place of
residence of the person entitled to his labor or service, and such fngitive shall
thereupon be dehvercd to such claimant, or to his agent, duly appointed for that
purpose.
§ 27. Such certificate shall authorize the claimant, or his agent therein named, to
remove such fugitive without any unnecessary delay, through, and out of the state,
to the place of residence of the claimant.
§ 28. No persou'^hall take or remove any such fngitive f/om this state, or do any
act toward such removal, unless autliorized so to do pursuant to the provisions of
this act. .
§ 29. Every person violating the provisions of the last preceding section, shall
forfeit and pay five hundred dollars to the aggrieved party.
§ 30. The fees and expenses incurred in proceedings herein authorized against
any fugitive from labor or service, shall be paid by th6 person at whose instance
the proceedings are instituted, before any vv^arrant shall be issued, or other service
rendered, for which a fee is chargeable, except, that when such fugitive is commit-
ted as a runaway slave, the costs of commitment and detainer shall be paid in the
same manner as like expenses under the law concerning runaway slaves.
Approved, March dlh, 1835.
GAMING.
A/i act CO restrain gar.ivig.
8kc. 1. Property or money lost at gaming may be recovered, and how.
2. Heirs, executors, administrators and creditors of the person losing, has the sanio reiucdy as the loser.
3. Judgments, contracts, bonds, bills, notes, &c., upon gaming consideration, void.
4. The assi'^nment of such jadgiiient, bond, bill, <>, c, not to efTecl the defence of person executing the same.
6- Delence may be specially pleaded or given in evidence under the general issue.
6. Before justice of tjje peace, defendant may be called to answer, &c. ; fa.iiing to do so, taken ns confessed.
7. Answer not to be given in evidence against defendant on indictment.
Be it enacted hy ilie general asse7nhhj of the slate of jSlissouri^ as follows:
§ 1. Any person who shall lose any money or property at any game or gambling
device, may recover the same by action of debt, if money; if property, by action
of trover or detinue.
{ 2. Tiie heirs, executors, administrators and creditors of the person losing, may
GROCERS. 291
have the same remedy against the winner as is provided in the preceding section.
§ 3. All judgments, conveyances, bonds, bills, notes, and securities, Vv'hen the con-
sideration is money or propertj^, won at any game or gambling device, shall be void.
J 4. The assignment of any bond, bill, note, judgment, conveyance or other
security, shall not etrect the defence of the person executing the same.
§ 5. Any matter of defence under this act, may be specially pleaded or given in
evidence under the general issue.
§ 6. In all suits under this act, before a justice of the peace, the plaintifT may
gallon the defendant to answer, on oath, any interrogatory touching the case; and
if the defendiint refuse to answer, the same shall be taken as confessed.
§ 7. Such answer siiall not be admitted as evidence against such person in any
proceedings by indictment.
Approved, March 14///, 1835.
GROCERS.
An act to license grocers.
i^KC. \. Dca'.lng in certain arUcIca euanisratcd, shall bo dcemeij a grocer.
2. Qualification cf the prectding section. *
3. License to he obtained.
■I. Eiercising tho trade of grocer without license, penalty ; not to sell at more than ono place under llio aama
license.
5. Tax on grocers license, when to issue, &c., and levied.
6. Clank license to be issued by tlio clerk; abstract to be kept by clerk ; license to be dcllTered, &o.
7. Penalty on grocer selling to slave, without permit in writing from the master, &c.
8. Tax to be collected by the collector ; his duty to prosecute for penalties under this act, and how.
9. Grand jurors acd civil officers, &,c.; collector to deliver list of licenses, ^-c, to grand jury ; this act to be given
in ch.arge to the grand jury ; not to extend to tavern keepers, »^-c.
10. Qualification of this act.
Be it enacted hj the general assembly of the state of Missouri^) as follows:
§ 1. Any person v;ho shall deal in the selling of wines and spiriiuous liquors, or
citlier, in a less quantity, or in le.ss quantities, than fifteen gallons at one time, and
any person Vv'ho shall der.l in the selling of distilled spirituous liquors, in less
quantity than tv/enty gallons at one time, and vrho shall deal in the selling of sugar
coll'ee, too, indigo, foreign fruits, crcckery-ware, v.'ocden-ware, queens-ware, tin-
ware, glass-ware, nails, window glass, lead, powder, shot, tar, ropes, oakum, brooms,
brushes, corks, cotton, yarn.s, raw cotton, mats, feathers, v/rapping paper, mustard,
rice, tobacco, salt, molasses, juiccj!, Hour, meal, cheese, fish, butter, lard, chocolate,
bacon, beef, pork, soap, candles, porter, cider, vinegar, oils and spices,' shall be
deemed, and is liereby declared to be, a grocer.
5 2. Nothing contained in the foregoing section shall extend to surgeons, apothe-
caries, chemists, or to any v.ines or spirituous liquors Vvhich they may use in the
preparation, or making up of medicine, or lo the sale of domestic, distilled spiritu-
ous liquors in quantities not less than one quart, at the place where the same shall
i9d G^ROCER^.
have been distilled, or to the sale of domestic distilled spirituous liquors in quanti^
titles not less than ono quart at a time, at any place ^Yhich shall be at least three
miles from any town or village.
§ 3. Every person who shall become, or intend to become, a grocer, before he
or she shall begin to retail, orsell as aforesaid, [shall] obtain a grower's license.
§'4. If any person shall exercise the trade and business of a grocer, by selling or
retailing as aforesaid, without a license continuing in force, such person shall, in
addition to the tax by this act prescribed, forfeit and pay the sum of not less than
twenty, nor more than one hundred dollars, with costs of suit; and no such license
shall be sufficient to authorize the exercise of the trade and business of a grocer
a% aforesaid, at more than one 'place at one time.
. i 5. There shall he levied and collected on each license to grocers, [a sum] not
exceeding one hundred dollars, nor less than five eto^lar^, according to the probable
amount of business to be done for every six months, to be levied and assessed by
the county court; and in addition to the' above sum, the one-eighth of one per
«Jentum on the amount of all groceries, excepting such as are the growtli, produce
or manufacture of this.state, which license shall be granted by said court, and issued
by the clerk under the seal of said courtj for, which the applicant shall'pay to the
clerk fifty cents as a fee for issuing the same.
I 6a When the licenses shall have been issued, they shall, by the clerk, be briefty
entered, so far as respects the date thereof, the amount to be paid, and to whom
Issued, in a boolt'to bg' Itept for that purpose; and then, on application by the
collector of the revenue, be delivered by the clerk to the collector, who shall deliver
the same to the person applying therefor, and collect the amount chargeci as
aforesaid. . . . : . , . .
..,§► 7". , If any person, licensed by virtue of this act, shall sell, directly or indirectly,
any wines, spirituous liquors,, or any article or articles mentioned in the first sec*
tion of this act, to any slave or slaves, with.out a permit in writing from the owner
or possessor thereof, such person shall,, for every such offence, forfeit his license,
and shall, moreover, forfeit and pay the siim of not less than fifteen, nor more than
fifty dollars, to be reco^'ered with coSts of suit ; and if, after conviction of the
offence, such person Bhall presume to exercise the Ij-ade and. business of grocer,
without having his license renewed, by selling, and retailing as described in thQ
firsi section of this act, and every person not licensed as aforesaid, who shall be
guilty of the offence aforesaid, shall forfeit and pay the sum of not -less- than
twenty, nor more than one hundred dollars, to be^recovered with cost.
{ 8. It shall be the duty of the several collectors in their respective counties, to
collect the ta;c imposed by this act, and to prosecute for the recovery of any for-
feitures incurred by virtue of this act; and all fines, penalties and forfeitures,
Incurred by virtue of this act, shall and may be recovered in the name of the
state, to the use of the state, by plaint, bill or information, before anycourt of com-
petent jurisdiction; Or, if the amount shall not exceed ninety dollars, before any
justice of the peace.
§ 9. It shall be the duty of all grand jurors and civil Drticers in this state, nt
GUARDIANS AND CURATORS. 293
each term of the circuit court in their respective counties, to give information of
all violations of this act coming within their knowledge; and it snail be the dutj
of the several collectors to make out and deliver to each grand jury empannelled in
their respective counties, on the first day of each term, a list of all licenses granted
under the provisions of this act, and continuing in force, and the circuit court shall
give this act in charge to the grand juries in their respective courts at each term;
but nothing herein contained shall be so construed as to extend to tavern keepers
who are, or may be hereafter, regularly licensed for that purpose.
§ 10. This act shall not be so construed as to limit or restrict the sale of any of
ihe articles in the first section of this act named, wines and s.pirituous. liquors except-
ed, by any merchant regularly licensed to vend merchandize.
Approved^ March IBth, 1835.
GUARDIANS AND CURATQRS.
An act concerning guardians, curators and miners.
Skc. 1. Who s'.iall be the natural guardian of cliildrcii ; property not derived from parent; to give bond. i.c.
2. When court to appoint guardian ; rainora over 14 may cboose guardian, kt,
!J. Curators, when they may be appointed or chosea.
4. Clioice of guardian as to religious persuasion.
5. When curator for the estate different from the guardian of the person may be appointed or chosen ; guardians
and curators to defend suits for minors, S(c.
6. Minor having a guardian or curator, how to proceed in choosing another wiicn he arrives at 14 years old.
"^. Guardians and curators to be 21 years oM ; to gi.ve bond, <5"C. ; condition of the bond, &.c. ; court may require
additional security, and in default tliereof, to be rempved, and otliera appointed or chosen.
8. Court to order the proper education of minors; may appropriate money, and order the lease, &c., of real Citate
for that purpose.
9. Money of minors to he loaned out ; If It cannot be loaned, guardian and curator responsible for principal.
1(^ Guordians and curators to make annual settlements; how made and conducted ; on failure, rule to show cause
v.hy attachment should not issuCj &c.
il> Receipts, &c., given by guardians and curators valid, except in cases of fraud ; guardians, &c., liable for
fraudulent receipts, &e.
12. Guardians or curators, how finally discharged,
13. Minors witl;out sufficient estate, ^-c, to bo bound apprentices, &.c.
14. Testamentary guardians may be appointed, S;c.
15. Testamentary guardian not accepting, &c., court may appoint a guardiafi.
Be it enacted by the general asscmhly of the state of Missouri, cs foU'^ws: ^
^ 1. In all cases not otherwise provided by law, the father, while living, and after
4jis 'death, and when there shall be no lawful father, then the mother, if living, shall
be the natural guardian of their children, and have the custody and care of their
persons, education and estates; and when such estate is not derived from the
parent' acting as guardian, such parent shall give security and account as other
gua,rdians.
§ £,. If a minor have no parents living, or the parents be adjudged, according to
law, incompetent or unfit for the duties of guaidian, the county courts, in their
respective counties, .shall appoint guardians to such minors under the age of foui"-
teen years, and admit those over that age to choose guardians for themselves; and
294 GUARDIANS AND CURATORS.
when it shall appear to the court, that a minor over that age has no guardian, tho
court shall issue notice to such minor to appear before them, at a stated time, to
-choose a guardian, or that one will be appointed, and if such minor, on due notice,
shall neglect or refuse to appear, or to choose a guardian after appearing, the court
shall appoint one according to law, as if such minor were under the age of fourteen
years.
{ 3. "When a minor shall be entitled to, or possessed of, any estate not derived from
the parent vrlio shall be the natural guardian at the time, and it shall be sus^.^ested
to the court that such parent is incompetent to the care of such estate, or is mis-
managing or vrasting the same, the court may issue a notice to such parent to
appear before them, at a stated time, to shew cause v>^hy a curator of such estate
should not be appointed: or chosen; and if, on due notice, no sufficient cause be
shevvn, the court shall appoint a curator. for the management of such estate for the
minor, if under fourteen years of age, or, if over that age, admit the minor to choose
one in the same manner as above provided for the choice or appointment of guar-
dians for minors over that age.
§ 4. A minor shall not be commitled to the guardianship of a person of religious
persuasion, ditierent from that of the parents, or of the surviving parent of the
minor, ii another suitable person can be procured, unless the minor, being of proper
uge, should so choose.
§ 5. Whenever the court shall be satisfied that it will be for the advantage of
minors to appoint a curator of the estate, diifercnt from the guardian of the
person, it shall be lawful to make such separate appointments for minors under
. fourteen years of age, and to td'ov/ those over that age to make such separate
choices; and all guardians and curators shall be allowed to prosecute and defend for
the minors, in all matters committed to the care of such guardians and curators,
respectively, without further admittance, in the several courts of this state.
§ 6. A minor having a guardian or curator appointed by the court, upon attain-
ing the age of fourteen years niay choose another guardian or curator, before the
proper court, in tlic county of the minor's residence; and if the guardian or cura-
tor so chosen, reside in a county diiicL-ent from that in which the former appoint-
■ ment was made, the court may, on being satisfied that it will not be injurious to the
interest of the minor, order a removal of the proceedings to the county in which
the guardian or curator so chosen shall reside; on presenting a copy of such order
to the court in which the pi'oceedings of the former guardianship or curatorship
shall be, that court shall order a transcript of all the proceedings, and all the
money, property, evidences of rights and titles, to vvhicli the latter guardian or
curator is entitled to the possession, to be delivered to him or her, [and] the receipt
of such latter guardian or curator shall be a sufficient voucher for so much to the
former one, in the settlement of his or her accounts. The court to v.^hich such
removal shall be made, shall take jurisdiction of iho case, j)lace the said transcript
of record, and proceed to the final settlement of the case, as if utq appointment
or choice had been made before them.
§ 7. All guardians and curators appointed by the courts, or chosen by the
GUARDIANS AND CUJIATORS. 295
minors, shall be twenty-cno years of age, and shall, respectively, before entering
upon the duties of their otRccs, give bond, v/ith security to be approved by the court
before which they shiill be appointed, or chosen, to the f;tate of Missouri, for the
use of t!ie minors respectively, in double the value of the estate or interest to be
comniitted to their care , conditioned for the ftiithfu! discharge of their duties accord-
ing to lav/; and the court shall have power to order them to give supplemental
security whenever it shall appear proper to secure the interest of minors, and
in default thereof, or for other good cause, upun reasonable notice, when they can
be found in the proper county, to remove them and appoint or admit the choice of
others in their stead.
§ 8. The county court shall order the proper education of minors according to
their means, and for that purpose may, from time to time, make the necessary ap-
propriations of the money, or the personal estate of any minor; and Vv^hen the
personal estate shall be insuiiicient, or not applicable to the object, the courts may
order the lease or sale of real estate, or so much thereof as may be requisite, or
that the same be mortgaged for not less than tv/o-thirds of its real valuOj to raise
the funds necessary to complete the education of such minor.
§ 9. Guardians and curators shall put the money of minors intrusted to their
care, to interest upon mortgage, or other sufTicient security, for all sums under five
hundred dollars, to be approved of by the court; or they may, with leave of the
court, and the assent of their securities, retain the money in their own hands, pay-
ing interest therefor; bul if no person be found to take the money upon interest,
and the guardian or curator should not choose to retain the same, paying interest,
then they shall be liable for the principal only, until the same can be put to interest.
The interest in such cases shall bo payable annually, and, if not then paid, shall
become part of the principal, and bear interest as such, v/ithout the necessity of a
new mortgage or security, unless the court should deem sucli additional security
to be proper.
{ 10. Guardians and curators shall make annual setiloments of their account.^
with the county courts in which their proceedings shall be, beginning at the first
term after the end of a year from their appointments or admissions, respectively,
and at each corresponding annual term, as nearly as may be, until their final set-
tlement, and shall give the same notice required of executors and administrators oi
their settlements; and in such settlements, guardians, having the care of the edu-
cation of minors, shall make a statement' on oath of the application of all monies
directed by the court to be applied by them to the education of their wai'ds. Guar-
dians and curators neglecting or refusing to make such settlements, or such state,
ments on oath as are herein required, shall be liable to be attached and imprisoned
until they make such settlements and statements, the courts first making a rule on
them, respectively, to shew cause v^^hy they should not be so proceeded against.
} 11. Discharges, acquiitances and receipts, given by guardians and curators
during the continuance of their respective offices', for any debts, rents or other
money or property, due to minors under their care, shall be valid in favor of all
persons who take them without fraud on their part, against such minors and their
296 HABEAS CORPUS.
representatives; but the guardians and curators, and their securities, shall be Hable
to such minors, if such discharges, acquittances or receipts be given illegally, or
for fraudulent purposes.
§ 12. Minors attaining the age of twenty-one years, and having received all
money and other estate due from their guardians or curators, shall acknov^^ledge
satisfaction of record in the proper court; or if such minor, on due notice, neglect
or refuse to make such ackiiowledgmerit, or cannot, be found in the county to be
served with notice, the court shall enter a discharge of such guardians or curators
on the record, and give them a certificate therefor. , ^ .
§ 13. Minors having no estate sufficient for their maintenance and education,
shall be liable to be bound apprentices by their guardians, so appointed or chosen,
in such manner as shall be provided by the law respecting apprentices; and no
indentures of apprenticeship shall be effected by the minor exercising the right of
choosing a guardian or curator during the term of the apprenticeship; but such
minoi^ shall be allowed all reasonable time and opportunity to exercise such right.
§ 13. The lawful father of any minor under the age of twenty-one years, may;
by last will, appoint a guardian of the person of such minor, who, if he accept;
shall give bond and security, and be in all things upon the same footing as guardi-
ans appointed by the court or chosen by the minor, except that the minor shall not
be allowed to choose another guardian upon arriving at the age of .fourteen. years,
unless the testamentary guardian decline to serve longer, and notify the court
thereof.
§ 15. If any testamentary guardian sliall fail to notify the proper court of his
acceptance of the guardianship, and give bond and security within six months after
the probate of the will, the court may appoint a guardian as if no appointment had
been made by the testator.
Approved^ January 22, 1835.
HABEAS CORPUS.
An act to regulate proceedings on writs of habeas corpus.
ARTICLE I. Of proceedings to obtain the writ, and tlie form thereof.
ART. II. Of the service and return of the writ, and matters incident thereto.
ART. III. Of the hearing, and. other proceedings on the return.
ART. IV. Miscellaneous provisions.
ARTICLE I.
Of proceedings to obtain the writ, and the form thereof.
Sbc. 1. Who may proeecuto a writ df haheai corpus.
2. How, and to whom, application for such writ to be made
3. What facts must be set forth in the petition.
A. Petition must be verified by oath.
5. If confined on process, copy thereof to accompany the petition, unless, <\e.
8sc. 6.
7.
HABEAS CORPUS. 297
WrSts to be grnnted without delay, in cases where party can be relieved by this act.
When courts of record, or judges of the supreme or circuit courts, shall issue writ without petition.
B. Writ to be in the name of tiie state, to whom dirested, what it shall contain.
9. Writ issued by the court, to be under its seal; issued by judge or justice, to be signed by him.
10. Name of the person having the custody of the prisoner, and also the name of the prisoner, to be designate 1
on the writ, and how.
11. To prevent pretended ignorance, writs issued under this act to he endorsed, "By the Hahcas Corpus Act."
12. Writ, though defective in form to be obeyed; person upon whom served, deemed to be the person to whom
directed, &.c.
13. Charges for bringing up the prisoner and conveying him hack, &c; whom the court &c. may order it to be paid,
to be endorsed on the writ; amount to be specified, i^-c.
Be it enacted by the general assembly of the state of Missouri^ as follows:
ARTICLE I.
Of proceedings to obtain the writ, and the form thereof.
y 1. Every person committed, detained, confined or restrained of his liberty
within this state, for any criminal or supposed criminal matter, or under any pretence
whatsoever, except when according to the provisions of this act such person caii
be neither discharged or bailed or otherwise relieved, may prosecute a writ of
habeas corpus, as herein- after provided, to enquire into the cause of such confine-
ment or restraint.
§ 2. Application for such writ shall be made by petition, signed by the party for
whose relief it is intended, or by some person in his behalf, to some court of record
in term, or to a judge of the supreme or circuit court, or any justice of the county
court.
§ 3. The petition must state, in substance, by v^hom the party, for whom relief
IS prayed, is imprisoned or restrained of his liberty, and the place where, naming
both parties, if their names are known, or describing them, if they are not, all the
facts concerning the imprisonment or restraint, and the true cause thereof, to the
best of the knowledge and belief of the party; and if the imprisonment be
alleged to be illegal, the petition must also state in what the illegality consists.
§ 4. The facts stated in the petition must be verified by the oath of the applicant,
or some other competent person.
§ 5. If the restraint or confinement is by virtue of any warrant, order or pro-
cess, a copy thereof must accompany the petition, or it must appear by affidavit
annexed thereto, that, by reason of the prisoner's being removed or concealed before
the application, a demand of such copy could not be made, or that such demand
was made of the person by whom the prisoner is confined or restrained, and a copy
refused.
{ 6. Any court or magistrate, empow^ered to grant any writ of habeas corpus under
this act, to whom such petition shall be presented, shall grant such writ without
delay, unless it appear from the petition itself, or the documents annexed, that the
party can neither be discharged, admitted to bail, nor in any other manner relieved
under tb^ provisions of this act.
§ 7. Wh-never any rourt of record, or any judge of tiie supreme or circuit court,
39 .
298 HABEAS CORPUS.
shall have evidence from any judicial proceedings had before them, that any per-
son is illegally confined, or restrained of his liberty, within the jurisdiction of such
court or judge, it shall be the duty of the court or judge to issue a writ of habeas,
corpus for his relief, although no application or petition be presented for such writ.
§ 8. Every such writ of habeas corpus shall be in the name of the state of Mis-
souri, directed to the officer or person by whom the party to be relieved is impris-
oned or restrained of his liberty, commanding him to have the body of the person
detained or imprisoned, together with the time and cause of such imprisonment
and detention, before the court or judge, without delay, to do and receive what
shall then and there be considered concerning the person imprisoned or detained.
§ 9. All such W'rits issued by a court shall be under the seal of the court by
which they were awarded, and if issued by a judge or justice out of court, they
shall be signed by the officer by whom they w^ere granted.
§ 10. On such wa-it, the person having the custody of the prisoner, may be desig-
nated, either by his name of office, if he have any, or by his ow^n name; or if both
names be unknown or uncertain, he may be described by an assumed appellation,
and the person directed to be produced may be designated by the name, or if his
name be uncertain or unknown, he may be described in any other way, so as to
designate the person intended.
*§ 11. To the end that no person may pretend ignorance therein, every writ of
habeas corpus, issued under the provisions of this act, shall be endorsed with these
words : "By the Haheas Corpus act."
§ 12. Such writs shall not be disobeyed for any defect of form, and any one who
shall be served therewith shall be deemed to be the person to whom it is directed,
although it may be directed to him by a wa'ong name, or description, or to another
person.
§ 13. The courts and magistrates allowing a writ o^ haheas coipus, may, in their
discretion, require as a duty to be performed, in order to render the service thereof
effisfctual, that the charges of bringing up the prisoner, and conveying him back if
remanded, shall be paid by the petitioner; and in such case the court or magistrate
shall, on the allowance of the writ, specify the amount, which shall not exceed ten
cents per mile; and the amount so to be paid shall be stated in writing on the writ,
signed by the clerk if in term, or by the officer by whom the writ is awarded.
ARTICLE II.
Of the service and return of the writ, and matters incident thereto.
Sec. 1. Writ, how it may be served.
2. If the person upon whom it is to be served conceal himself, or refuse admittance, &c., how it ehall be served.
3. Writs can only be served by a free white person above the age of twenty-one years.
4. Service not deemed complete, till charges are paid or tendered to the officers, &c., having custody of the prisoner.
5. Duty of officer or other person upon whom such writ is served, to obey and return tlie same, &c.
6. When, and in what time return to be made.
7. What facts to be stated in the return of the officer or person upon whom such writ is served.
8. Return to be signed by the person making it, and if not made by a sworn public officer in his official capacity,
to be verified by oath.
HABEAS CORPUS. 299
9- Body of the person, for whose benefit tlie writ was awarded, to be brought before the court, &c. ; when, &c.
10- Refusing to obey the writ and make return of the same without sufficient excuse, attachment to issue; to whom
directed; person refusing, S;c., to be brought before the court, &c.
11. Person so brouglit, to be confined in close jail until !;e comply with the writ, &c.
12. If the delinquent be a sheriif, attachment n:ay he directed to the coroner; how he shall proceed.
13. When attachment is issued, precept may also be issued to bring the person, for whose benefit the habeas corpug
issued, before the court. &c.
14. In executing the attachment and precept, or either of thcui, sherilT may call to his aid the body of the county.
15. Duty of the person upon whom tjie writ is served, when the person in his custody stands charged of a criminal
ofience, &c.
16. How to proceed, if no such examination accompanied the commitment, &c.
17. If no examination of the prisoner has been filed, ^-c, committing magistrate to appear at the return of the
writ; failing to do so, attachment to issue.
§ 1. The writ may be served by delivering the same to the officer or person to
whom it is directed, or by being left at the jail or other place in which the pri-
soner may be confined, with any under officer, jailor or other person having charge
(for the time) of the prisoner.
§ 2. If the person upon whom the writ ought to be served conceal himself, or
refuse admittance to the person attempting the service thereof, it may be served
by affixing the same in some conspicuous place, on the outside either of his dwelling
house, or of the place where the party is confined.
{ 3. Writs of habeas corpus can only be served by a free white male person, above
the age of twenty-one years.
§ 4. In all cases where charges are allowed by the court, or officer awarding the
writ, the person serving the same shall pay or tender to the officer, or other person
having custody of the prisoner, the amount of the charges for bringing up such
prisoner, and shall also give bond with security, if required, to the officer or person
having the custody of the party to be relieved, conditioned for the payment of the
charges of conveying back the prisoner if remanded; otherwise, the service shall
not be deemed complete.
§ 5. It shall be the duty of every officer and other person, upon whom a writ of
habeas corpus shall be served according to the provisions ofthis act, whether such writ
be directed to him or not, to obey and return such writ, according to the exigency
thereof, to the court or magistrate by whom the writ was av/arded, or in case of
the adjournment of such court, or the absence of such magistrate, then before some
other judge authorized by this act to issue such writ.
§ 6. If the place of hearing be within twenty miles of the place of service, the
return shall be made within twenty-four hours after service of the writ, and
the like time shall be allowed for every additional twenty miles.
§ 7. Every officer or other person, upon whom such writ of habeas corpus
shall be duly served, shall state in his return plainly and unequivocally:
First, Whether he have or have not the party in his custody, or under his
power or restraint.
Second, If he have the party in liis custody or power, or under his restraint,
he shall state the authority and true cause of such imprisonment or
restraint, setting forththe same at large.
300 HABEAS CORPUS.
Third, If the party be imprisoned or detained by virtue of any writ, order^
warrant or other written authority, a copy thereof shall be annexed
to the return, and the original shall be produced and exhibited on
the return of the writ, to the court or officer to whom the same is
returnable.
Fourth, If the person making t!ie return shall have had the party in his power
or custody, or under his restraint, at any time before the service
of the writ, and has transferred such custody or restraint to another,
the return shall state, particularly, to whom, at what time, for what
cause, and by what authority such transfer took place.
§ 8. The return must be signed by the person niaking the same, and except where
such person shall be a sworn public officer, and shall make his return in his official
capacity, it shall be verified by his oath.
§ 9. If any officer or person upon whom a writ of habeas corpus shall have been
served, shall have in his custody or power, or under his restraint, the party for
whose benefit the writ was. awarded, he shall also bring the body of sucli person
before the court, or magistrate, according to the command of the writ and within
the time herein specified for making return except, in case of the sickness of such
person as herein-after provided.
§ 10. If the officer or person upon whom a writ of habeas corpus shall be duly
served, shall refuse or neglect to obey the same, by producing the party named
in the writ, and making a full and explicit return to such court, within the time
required by this act, and no sufficient excuse for such refusal or neglect be shewn,
the court or officer before v/hom such writ shall have been made returnable, shall,
upon due proof of service thereof, forthwith issue an attachment against the delin-
quent, directed to the sheriil of any county within this state, comm.anding him forth-
with to apprehend such delinquent, and to bring him immediately before such court
or officer.
5 n« On such person's being so brought, he shall be committed to close custody
in the jail of the county in which the court or officer shall be, until he shall comply
with such writ, and obey any order that may be made by such court or officer in
relation to the person for whose relief such writ shall have been issued.
§ 12. If the delinquent be a sheriff", the attachment may be directed to any coro-
ner or other person, to be designated therein, who shall have full power to execute
the same, and such sheriff, upon being Drought up, may be committed to the jail
of any county other than his own.
§ 12. The court or magis rate by whom such -attachment shall be awarded, may
also issue a precept to the same sheriff, or other person to whom such attachment
shall be directed, commanding him to bring forthv/ith before such court, or officer,
the party for whose benefit such writ of habeas corpus shall have been allowed,
who shall thereafter remain in the custody of the sheriff or person executing such
precept, until he shall be discharged, bailed or remanded, as such court or magis-
trate shall direct.
\ 14. In the execution of such writ of attachment and precept, or either of them.
HABEAS CORPUS. ' 301
the sheriff or other person to whom they shall be directed, may call to his aid
the power of the county, as is provided by law in the execution of writs and
process by any cfiicer.
§ 15. When the party for whose relief a writ of habeas corpus shall have been
issued, shall stand committed for any criminal or supposed criminal matter, it shall
be the duty of the officer or person upon whom the writ was served, to bring with
the writ, all and every examination and information in his hands, possession, cus-'
tody or charge, relating to the commitment.
§ 16. If no such examination shall have accompanied the commitment, nor be
in the possession of the officer having the prisoner in custody, such officer shall
exhibit the habeas corpus^ when served on him, to the magistrate by whom the
prisoner was committed, or to the clerk of the court, if the papers are in his office;
and it shall be the duty of the magistrate or clerk to deliver to such officer having
the custody of the prisoner, the examination arid proofs relating to the offence
charged, to be by such officer returned with the writ.
} 17. If no examination shall have been filed with the commitment, or filed in
the office of the clerk of the circuit court, as required by law, and none be pro-
duced by the committing magistrate upon the exhibition of the writ of habeas
corpus to him, as provided in the preceding section, such magistrate shall appear in
person at the time and place to which the writ is returnable, and if he fail sa to do,
may be proceeded against by attachment.
ARTICLE III.
Of the hearing, and other proceedings on the return,
S«c. 1. On the return of the writ, day to be set for bearing of the cause, &c.
2. Facts set forth in the return, may be denied on oath, &c.
3. Return and allegations filed against it, may be amended.
4. Cause to be tried in a summary way, and the prisoner disposed of as the case shall require.
5. If no legal cause be shown for detention, prisoner to be discharged.
6. When, and in what cases, the court or magistrate shall remand the party.
7. Who shall not be discharged under the provisions of this act.
8. No slave shall be discharged, nor right of freedom had, under this act.
9. In what cases prisoner to be discharged, when in custody on process from court or a judicial officer.
10; Limitation of the power of courts under this act.
11. Esamination and information of committing magistrate, on a criminal charge, to be read in evidence before
the court hearing the cause.
12. Imprisoned on indictment cannot be discharged under this act, but may be bailed.
13. If imprisoned for a supposed criminal offence, and it appear that there is sufficient cause for commitment, not to
be discharged, but may be bailed or re-committed.
14. Where offence clearly set forth in the warrant of commitment, what evidence to be heard, &c.
15. When prisoner to be discharged; certificate of, to be delivered to the prisoner.
16. Prisoner held to answer for a bailable offence, how to proceed.
17. When recognizance with sufficient security shall be taken, and by whom.
18. Proceedings when prisoner is not discharged or bailed.
19. Prisoner let to bail or remanded, examination, documents, &c., to be returned, &c.
20. Custody of prisoner between return and judgment thereon.
21. When prisoner need not be brought up on writ. ^
22. How to proceed on cases mentioned in the preceding section.
23. Writ or order for a discharge, how to be enforced.
24. Officers not liable for obeying writ or order of discharge.
302 ' HABEAS CORPUS.
§ 1. Upon the return of the writ of habeas corpus, a day shall be set for the
hearing of the cause of imprisonment or restraint, not exceeding ^e days there-
after, unless the prisoner shall request a longer time, or the court or officer may
proceed to such hearing immediately as the circumstances of the case may require.
§ 2. The party brought before any court or magistrate by virtue of any writ of
habeas corpus, may deny the material facts set forth in the return, or allege any
fact to shew, either that his detention or imprisonment is unlawful, or that he is en-
titled to his discharge, which allegations, or denials, shall be on oath.
§ 3. The return and the allegations made against it, may be amended by leave-
of the court or magistrate before whom the writ is returned, at any time, that
thereby material facts may be ascertained.
§ 4. The court or magistrate shall proceed to examine into the cause of con-
finement or restraint, and shall settle the facts in a summary way, by hearing the
testimony as well on the part of persons interested, as of the prisoner, and the
person who holds him in custody, and shall dispose of the prisoner as the case
shall require.
§ 5. If no legal cause be shown for the imprisonment or restraint, or for the
continuation thereof, the court or magistrate shall forthwith discharge such party
from the custody or restraint under which he is held.
§ 6. It shall be the duty of the court or magistrate, forthwith to remand the
party, if it shall appear that he is detained in custody either,
First, By virtue of process issued by any court or judge of the United States,
in a cause where such court or judge has exclusive jurisdiction; or.
Second, By virtue of the final judgment or decree of any competent court of
civil or criminal jurisdiction, or of any execution issued upon such
judgment or decree; or,
Third, For any contempt specially and plainly charged in the commitment
by some court, officer or body, having authority to commit for a con-
tempt so charged; and.
Fourth, That the time during which such party may be legally detained has
not expired.
§ 7. No person shall be discharged under the provisions of this act who is in
custody, or held by virtue of any legal engagement or enlistment in the army or
navy of the United States, or who, being subject to the rules and articles of war,
is confined by one legally acting under the authority thereof, or who is held as pris-
oner of war under the authority of the United States, or who is in custody for any
treason, felony, or other high misdemeanor, committed in any other state or terri-
tory of the United States, who, by the constitution and laws of the United States,
ought to be delivered up to such state or territory.
§ 8. No negro or mulatto, held as a slave within this state, or lawfully arrested
as a fugitive from service from another state or territory, shall be discharged, nor
shall his right of freedom be had under the provisions of this act.
§ 9. If it appear that the prisoner is in custody by virtue of process from any
court, legally constituted, or issued by any officer in the service of judicial pro-
HABEAS CORPUS. 303
ceedings before him, such prisoner can only be discharged on one of the following
cases:
First, Where the jurisdiction of such court or officer has been exceeded either
as to matter, place, sum or person.
Second, Where, though the original imprisonment was lawful, yet by some act?
omission or event, which has taken place afterwards, the party has
become entitled to be discharged.
Third, Where the process is defective in some matter of substance required
by law, rendering such process void.
Fourth, Where the procees, though in proper form, has been issued in a case,
or under circumstances, not allowed by law.
Fifth, Where the process, though in proper form, has been issued or executed
by a person who is not authorised by law to issue or execute the
same, or where the person having the custody of such prisoner under
such process, is not the person empowered by law to detain him.
Sixth, Where the process is not authorized by any judgment, order or decree,
nor by any provision of law
§ 10. But no court under this act shall, in any other matter, have power .to in-
quire into the legality or justice of any process, judgment, decree or order of any
court legally constituted, nor into the justice or propriety of any commitment for
contempt made by any court, officer or body, according to law, and plainly charged
in such commitment as herein-before provided.
§ 11. Where any person brought before any court or magistrate, upon a writ
of habeas corpus, shall have been committed for any criminal or supposed criminal
matter, the examination and information taken and certified by the committing
magistrate, shall be read in evidence before the court or magistrate before whom
the prisoner is brought.
§ 12. No person imprisoned on an indictment found in any court of competent
jurisdiction, or by virtue of any process or commitment to enforce such indict-
ment, can be discharged under the provisions of this act; but if the offence be
bailable, he may be let to bail, and if the offence be not bialable, he shall be re-
manded forthwith.
§ 13. Whei-e the imprisonment is for a criminal or supposed criminal matter,
the court or magistrate before whom the prisoner shall be brought under the pro-
visions of this act, shall not discharge him for any informality, insufficiency, or ir-
regularity of the commitment; but if from the examination taken and certified by
the committing magistrate, or other evidence, it appear that there is sufficient legal
cause for commitment, he ^all proceed to take bail, if the oftence be bailable and
good bail be offered, if not, shall commit the prisoner to jail.
§ 14. Where the offence is clearly and specifically set forth in the warrant of
commitment, no evidence other than the examination taken and certified thereunto
shall be received for or against the prisoner, unless such exannnation has not been
taken and certified according to law, in which case the committing magistrate may
be examined, if desired by the prisoner, as to the evidence on which the commit-
304 HABEAS CORPUS.
ment was founded, and thereupon the court or magistrate shall proceed to bail, dis-
charge, or remand the prisoner, as the circumstances of the case may require; and
on the absence of all such evidence, the prisoner shall not be discharged, but may
be bailed or remanded according to the circumstances of the case.
§ 15. If it appear that any person brought before a court or magistrate under
this act, is entitled to be discharged, the court or magistrate shall make an order in
writing, commanding those who have such person in custody to discharge him
forthwith, and shall also deliver to the person discharged a certificate of such dis-
charge.
§ 1 6. If the prisoner be held to answer for a bailable offence, the court or ma-
gistrate shall determine in what sum bail shall be given, and shall cause the pris-
oner to enter into a recognizance, with sufficient securities, which recognizance
shall be taken, certified and returned, as provided by law in like cases; and if the
prisoner do not give the required bail, the court or magistrate shall make an order
remanding him, and shall, by such order, direct the sum in which bail shall be taken,
and the court at which he is required to appear, and that on such bail being enter-
ed into in conformity with such order and the provisions of law, the prisoner shall
be discharged.
§ 17. Upon the production of such order to any judge or justice, or clerk of a
court of record, he shall be authorized to take the recognizance, with sufficient
sureties in the sum directed, conditioned for the appearance of the prisoner at the
court designated in such order.
§ 18. If a prisoner be not entitled to his discharge, and be not bailed, the court
or magistrate before whom the proceedings-are had, shall remand him to the custody,
or place him under the restraint from which he was taken, if the person under
whose custody or restraint he was, be entitled thereto; if not so entitled, then he
shall be committed to the custody of such officer or person as by law is entitled
thereto*
§ 19. When any prisoner shall be let to bail, or remanded, all examinations and
documents which shall have been produced by the officer or person making the
return, shall be re-delivered to him, the testimony of witnesses examined, the re-
cognizances of all such as testify any thing material taken, and with the examina-
tion, duly certified and returned as required by law in like cases.
§ 20. Until judgment be given upon the return, the court or magistrate before
whom the party shall be brought, may either commit such party to the custody
of the sheriff of the county in which the proceeding is had, or place him in such
care or custody as his age or other circumstances may require.
§ 21. Whenexrerfrom the sickness or other infirmity of the person directed to be pro-
duced by any writ of habeas corpus^ such person cannot, without danger, be brought
before the court or magistrate before whom the writ is returnable, the person in
■whose custody he is, may state that' fact in his return, verifying the samo by his
oath; and such court or magistrate, if satisfied of the truth of such allegation, and
the return be otherwise sufficient, shall proceed thereon and dispose of the matter
HABEAS CORPUS. 305*
in the simc manner as if the prisoner were brought before them, except as in the
next section provided.
§ 22. If in the case mentioned in the preceding [section] it appear that the
prisoner is legally imprisoned, and not bailable, such court or magistrate shall
proceed no further therein; if he ought to be held to answer for a bailable offence,
an order shall be made and proceeded on as provided by this act in cases where the
prisoner is remanded for want of bail; and when it appears that the prisoner is
entitled to his discharge, the court or judge shall make an order to that eifect.
§ 23. Obedience to any order for the discharge [of a prisoner, granted pursuant
to the provisions of this act, may be enforced by the court or magistrate granting
such order, by attachment, in the same manner as herein-bcfore provided in cases
of failure to make return to a writ of habeas corpus, and with like effect in all respects.
5 24. No slicrifT or other person shall be liable to any civil action for obeying
any order of discharge made according to the provisions of this act, and if an>
action shall be brought against him for suffering any person committed to his custo
dy to goat large, pursuant to any such order, he may plead, or, with his plea of th(
general issue, give no tine of the same in bar of such action.
ARTICLE IV,
•^ Miscellaneous provisions.
Sac. I. When, nxA under what circumstancesi, warrant to ijjuj to bring prisoner up, &c.; to whom directed.
2. When warrant shall contain an order to brijijyiarty up, &c., wlio baa prisoner in custody.
3. Warrant, Iiow executed; what return pcrsoiJ^Hpiing such prisoner shall make.
4. Person having prisJiicr in custody lirought bcWc tlie court as for a criminal offence, how proceeded against.
5 . Party discharged, wlicn not to be re-imprisoned ; when he may be.
G. Prisoner may be romured out of the county in \vhich he is confined; when.
7. Proceedings if prisoner obtain^; a second writ of habeas corpus.
o. If remanded foi a criminal offence, shall net be discharged on a second writ.
9- Penalty for rcfusin;j or unreasonably delaying to issue writ of habeas corpus.
10. Penalty for re committing, except a; herein allowed.
11. Penalty for refusing copy of process to prisoner.
12. Penalty for refusing to oboy writ, and make return thereto,
13. Penalty for concealing prisoner, &c., to avoid writ, or after writ allowed.
14. Penalty for arresting person who has onrc been discharged for the same cause.
15. Penalty on persons aiding in violating the two last sections.
IG. Persons convicted of a misdemeanor under thij act, how punished.
17, How penalties may be sued for and recovered under thia act.
1*5, What may he pleaded by defendant iu action for penaltica.
TO. Recoveries under this act, no bar to civil action for damages.
'ZQ. Construction of thl3 act as to all cases of ka,bea% corpus.
§ 1. Whenever it shall appear by satisfactory proof, that any person is illegally
imprisoned or restrained of his liberty, and that there is good reason to believe that
he will be carried out of the state, or suffer some irreparable injury before he can
be relieved by a writ of habeas corpus, any court or magistrate, authorized to issue
such writs, may issue a warrant reciting the facts, and directed to any sheriff,
coroner, constable or other person, commanding him to take the prisoner and to
bring him forthwith before such court or magistrate, to be dealt with according to law.
40
306 HABEAS CORPUS.
0 2. When the proof shall also be sufficient to justify an ^nrestof the person having
such prisonei in his custody, as for a criminal oflence committed on the taking or
detaining such prisoner, the warrant. shall also contain :'n r.jdcr for the arrest of
such, for such offence.
§ 3. The warrant shall be executed according to the command thereof, and
when the prisoner shall be brought before a court or magistrate, the person detaining
such prisoner shall make a return in like manner, and the like proceedings shall be
had as if a writ of habeas corpus had been issued in tiie lirst instance.
§ 4, If the person having such prisoner in custody shall be bi ought before a court
or magistrate, as for a criminal oflence, he shall be examnipd, committed, bailed
01" discharged in like manner as in oilier criimnal cases of the like nature.
§5. No person who has been discharged by the order of any court or magistrate
upon a habeas corpus^ issued pursuant to this act, shall be again imprisoned, restrain-
ed or kept in custody for the same cause; but it sliall not be deemed the same cause?
Firsts If he shall have been di.scharg* d from a commitment on a criminal
charge, and be afterwards committed for the same oflence, by the
legal order or procesK of the court wherein he shall be bound by a
recognizance to appear, or in which he shall be indicted or convicted
for the same offence; or,
Sccondj If after a discharge for defect of proof, or fur any material defect
in the commitment in a criminal case, the jnisoner may be again
arrested on sufficient proof and committed by legal process for the
same oflence; or, ^^
Thirds If in a civil suit, the party li^been discharged for any illegality in
the judgment or process he rein-before specified, and is afterwards
imprisoned by legal process for the same cause of action; or,
■' Fourth^ If in a civil suit he shall have been dischar'jjcd from commitment on
mesne process, and shall be afterwards committed on execAition in
the same cause, or on mesne process in any other cause, after such first
suit shall have been discontinued; or,
Fifili.) Where the discharge, in any case, has been ordered on account of the
non-observance of any of the forms required by law, and the party
is again arrested for imprisonment by legal process for sufficient
cause, and according to the forms required by law.
§ 6. No piisoner charged with a criminal oifence shall be removed by writ of
habaas corpus out of the county in which he is confined, at any time within fifteen
days next preceding the term of the court at which such prisoner ought to be
tried, except it be tu convey hiinintc^ Ih'' county where the offence with which he -
'S charged is proper! y cognizable.
V 7. If apiisoncr, remanded under the provisions of this act, shall obtain a second
vxii of habeas corpus^ it shall be the duty of the officer, or other person, on whom
.!ie barnesliuU be served, to return therewith the order remrinding the prisoner, and
if it appear that the prisoner was remanded for an offence adjudged not bailable, the
prisoner saal! be forthwith remanded without further proceedings.
UEAS CORPUS. 307
^,0. It ..hall ..•.. ..c lawful for any court or rndgipLrate, on ,':uch .i<^rond vvrlt of
urbcas corpus, to discharge the prisoner if he is clearly and spocificnily charged in
the order remanding him, or on th"c warrant of comriiitniont, witli a criminal
offence; but the prisoner on the return of such writ shall be bailed, or remanded
to prison, according to t^e circumstances of the case.
§ f). If any courto.rniagistr?tte, authorised by the provisions of this act to grant
wriis of habeas corpus, shrdl refuse to issue any such writ when legally applied
for, in a case where such writ may lawfully issue, or shall anreasonabiy delay the
ssuing such writ, every member of such court wlio shall have assented to such
cfusal or delay, and every such magistrate, shall forfeit to ilie party aggrieved, a
am nof exceeding one thousand dollars.
§10. If any magistrate, either iiolely or as a memb.^r of any court, or in the
xecution of any order, judgment or process, shall knowingly recommit, imprison,
or restrain of his liberty, or cause to" be "recommitted, imprisoned or restranied
of his liberty, for thcsami^ c.-iu-^e, (except as in thii acl is provided,) any person so
discharged, or bhall knowingly nid or assist therein, he shall be deemed guilty of a
misdemeanor, nnd ?hall also fuil«ii. t<i the party aggrieved a sum not exceeding one
thousand dollars. ,
§ 11. Any officer or other person huviug the custody of any prisoner commit"
ted on any civil or criminal process, who shall refuse to give such prisoner a copy
of the process, order or commitment, by virtue of which the person is held or
detained, within six hours after the deuiand by the prisoner, or any one on his
behalf, shall be deemed guilfy of a misdemeanor, and shall also forfeit to the party
aggrieved five hundred dollars. *■
§ 12. If any officer or other person upon whom a writ of habeas corpus shall be
duly served; shall neglect ox refuse to obey the same, by producing the party there=
in named, and making a full and explicit return to the writ as required by this act,
he shall be deemed guilty of a misdemeanor, and shall also forfeit to the party
affcrrieved a sum not excet- dinc^ one thousand dollars.
§ 13. Any person having in his custody, or under his power, any person for
wliose relief a writ of habeas corpus shall have been issued, or who would be
entitled to a writ of habeas corpus to enquire into the cause of his detention, who
shall with intent to elude the service of such writ, or lo avoid the effect thereof,
transfer such prisoner to the custody, or place him under the control or power of an
other, or conceal liiin, or change the place of his coutinement, shall be deemed
guilty of a misdemeanor, and shall also pay to tlie party aggrieved five hundred
dollars.
5 14. E\\-ry one who, knowing that any person lias been discharged by compe-
tent authority on a habeas corpus, sha]\, conUd-xy lo the provisions of this act,
arrest such person again for the same cause, shall be deemed guilty of a misdemeanor
and shall also pay to the party aggrieved five hundreil dollars.
§ 15. Every person who shall knowingly aid or assist in the viofation of either
of the two last preceding sections, shall be deemed guilty of a misdemeanor.
§16. Every person convicted of a misdemeanor under the provisions of this
308 HORSES.
act, shall be punished by fine and imprisonment, or both, m i.ho discretion of llie
court in -which he shall be convicted, but such fine not to exceed one thousand
dollars, nor such imprisonment one year.
§ 17. The right of action for the penalties declared by this act to be incurred,
and to be paid to the party aggrieved, shall not cease by^lie death of either party,
but such penalty may be sued for and recovered by the cxeciitors or administra-
tors of the aggrieved party, against the oiTender or his executors or administrators.
§ 18. The defendants in any such action may plead the general issue and give
the special matter in evidence.
§ 19. The recoveries of any of the penalties under the provisions of this act, shall
be no bar to a civil action for damages.
§ 20 The several provisions contained in this act shall be construed to apply so
far as they may ■ be applicable, and, except where otherwise provided, to every
writ of habeas corpus authorized to be issued by any statute of this state.
Approved, March Qth, 1835.
An act respecting seed
6«c. 1. Seed horse, unaltered male mule or jack, not suffcn d to ruv: .it large; penalty.
2 & 3' Found running at large, how dealt with ; comi)ena.iii'>;x, ic.
4. If they cannot be taken up, may be killed, notice Leiii" given.
Be it enacted by the general assembly of the si alt of Missouri, as follows:
§ 1. If any seed horse, or any unaltered male mule or jack, over tlie nge of
eighteen months, be found running at large, the owner shall be fined for the first
offence three dollars, and for every subsequent oflbuce not exceeding ten dollars,
to be recovered by action of debt, ia the name of any person who will prosecute
for the same, one half to his own use and the other half to the county.
§ 2. Any person may take up any such horse, mule or jack, found running at
large, and if not claimed within five days, may castrate hiuij for which he shall re-
cover three dollars from the owner by action of debt, before a justice of the peace.
§ 3. Such castration shall be performed in the usual manner, so that the life of
the animal be endangered as little as possible.
§ 4. If any such horse, mule or jack, be running at large, and cannot be taken
up, he may be killed, if notice be first put up at the court house, and at three other
public places in the county, for ten days, describing the color, marks and brands,
as near as practicable, of the animal, and that he will be killed unless taken away
and secured.
Approveti, February 26thy 1835.
IMPEACHMENT.- :.,jj
IMPEACHMENT.
An act respecting impcackmeTUs.
Sxc. 1. Arlicleg to te preferred, anj manajcra elected by the house of representatives.
2. Officer impeached, siidpended from ofiice until his acquittal.
3. Appoiutments pro icm. to be made in certain cases.
4. Impeachmr;nt presented to the senate, a div r.i, tn,' rr.r.pr.v un-. nf r'm vrcn;ed lo be appointed; summons to
issue, &c.; when and Ij/wliom execut .
.'' Summons, how executed. '
o. If the governor be imjjeachod, presiding judge of the supreme-court to be notifieJ.
7. Answciito the impeachment, replication, S^c, to be filed, and day set for trial.
8. Process for witnesses and commission to take depositions to lic issued, and by whom,
9. Depositions to be taken under the same notice, rules, S^-c, as in the circuit court.
JO. Accused failing to appear, &c., senate to proceed ezparte.
11. President and menibers of the senate to be sworn.
12. Trial, how conducted ; power of the court, &c.
13. Accused to be heard by himself and counsel; votes to be givci viva voce ; to be eniercd on tlie jouinalr; concurrence
of two-thirds required to convict.
II. Conviction no bar to indictment for sarnc oilcnce.
15. Transcript of proceedings to he made out and deposited in Die ofTice of secretary of state.
10". Form and aliCitation of writs, Sec.
Be it enacted by the general, assembly of the stale of MisSow% a? follows:
§ 1. When the house of ropresp.ntalives sliall be satisfied that there is good cause
iO impeach any oificf^r, they shall cause articles of impeachment to be made out in
due form against such officer, and transmit the same to the senate, and imiaedi-
ately elect managers to prosecute such impeachment.
§ 2. If any officer shall be impcache(], he is hereby suspended from exercising
his ofhce, after he shall be notified tiiereof, until his acquittal.
§ 3. If the secretary oi state, auditor of public accounts, state treasurer or at-
torney general, be impeached and notified thereof, an appointment shall be made
by the governor to snppl}- sucli vacancy until silch iinpeachment shall be deter-
mined; and if Uie president of the senate be impeacJieil, notice thereof shall be
immediately given by the house of representatives to the senate, that another
president may be appointed.
§ 4. When articles of impeachment sliall be presented to the senate, they shall
immediately appoint some day for the appearance of the accused, and cause a sum-
mons to be issued, signed by the president and countersigned by tlie secretary,
with a copy of the articles of impeachment annexed, requiring the accused to ap-
pear on the day appointed for that purpose, and answer tlie charges exhibited against
him, which shall be served by the sergeant-at-arms of the senate, or by a special
messenger by them appointed, a reasonable time before the day appointed for his
appearance.
§ 5. Such notice shall be served on the accused personally, if he can be found,
and if he cannot be found, then by leaving a copy of such sunnnons and articles of
impeachment at his dwelling house or usual place of abode, with some free white
member of the family above the age of fifteen years.
310 IMPEACHMENT.
§ 6. Jl llie governor be irapcaclied, the presiding judge of the supreme court
shall be notified by the president oF the senate of such impeachment, and of the
Juj when his attendance will be required; and such judge shall attend and preside
at the trial, and if he be sick and unable to attend, the judge of said court next eld-
est in commission shall be notified, and preside at the trial aforesaid.
$ . 7. Upon the appearance of the accused, he shall have reasonable time to an-
swer the impeachment, and when the answer shall be fded,the managers may reply
thereto, and when issue shall be'joined on any such impeachment the court shall
appoint a time for the trial thereof.
§ 8. The j)resideiil cf ihe senate, on Uie application of tlie reb].o;ivjr'iii,.ur cuLy
(A his counsel, or eiliiffr ui the managers, slial! issue subpcenas for witnesses, and
comnussi«5ns to take depoisitions, wherd the witrvess is unable to attend from sick-
ness or other infumity, or when the witness is without the limits of this state.
5 9. Such depositions shall be taken in the same manner and the same notice to
be given, as where depositions are taken in the circuit court.
5 10. If the accused shall not appear after being notified, or after appearing
shall fail to answer, the senate may proceed exparie.
{ 11. At the time and place appointed for trial and before proceeding thereon,
the president of the senate or presiding judge, shall administer to the members of
the senate there present, and the secretary shall, at the same time, administer to
the president or presiding judge, an oath or affirmation, impartially to try and de-
termine the charges, and do justice according to law and evidence; and no member
shall sit or give his vote until he shall have taken such oath or affirmation.
§ 12. The members being sworn, the senate shall proceed to hear, try and deter-
mine such impeachment, and may adjourn the trial to any other time; and the senate
shall determine all ijuestions of law arising, during the trial, upon the admissibility
of evidence, the competency of witnesses, or otherwise, and may jmnish any per-
son for contempt committed towards the senate, or for obstructing ihe administration
of justice on such trial, in as full a manner as any court of record could do for like
contempt toward sucli court.
** § 13. In all such trials the accused shall have a right to be heard by himself and
his counsel^ and all votes on any question whatever, shall be given viva voce, and
entered on the journals, and no judgment or sentence of conviction shall be given
against any person upon any impeachment, without the concurrence of two-thirds
of all the senate present.
§ 14. The party convicted or ac(pntted shall, notwithstanding such conviction or
acquittal, be subject to indictment, trial, judgment and punishment for any indicta-
ble offence, according to the law of ihe land.
§ 15. The secretary of the senate shall make out a transcript of the proceedings!
had on any impeachment, and of the judgment of the senate, whether of conviction]
or acquittal, which shall be signed by the officer presiding at the trial, and attested'
by tlie secretary, and deposited in the office of the secretary of state.
} IG. All writs issued by the senate liholl run in the name of the state ol Missouri,]
shall be subscribed by the piesiding officer, and counteisigtied by tiie secretary, and
shall be served by the sergcant-at-arms or any <:pccia] mes':'cngcr appointed by the
senate.
Approved February 2f)fJi, 1835,
An act rcgiijating indo^urvs,
1. All liclds and groiuiil- kept lor inclosure, shall be iiiclosctl, and how
2- What shall be deemed a sufficieiit inclosure in law.
3. Sufliciency of the fence, by whom adjudged.
4. Owner of animals Irespassins;, liable for dama;?es, for the iirs!, second ^ivA tliird trespass; wha'.
5. On 'complaint made to justice of the peace, view to he had.
6. Persons injuring or killing animals, if fence insufiicieiit, to pay double damages.
Be it ciiarled Inj fJie general assemhhj of the state <>f Missouri^ as fothivs:.,
§ 1. All fields and giound:^ kept fui inclosurcs shall be inclosed with a fence suC
ficiently close, composed of sufliciont posts and rails, posts and pailings, palisadoes
or rails alone, laid up in the manner commonly called a worm fence, which posts
shall be set deep and stjongly in the earth.
> 2. AlLsuch fences composed of posts and rails, posts and pailings or pahsadoes
or of rails, in the manner commonly called a wot m fence, shall be at least five feet
high; the uppermost rail of each worm fence shall be supported by strong stakes,
strongly set and fastened in the earth, so as to compose what is commonly called a
staking and ridering, otherwise the uppermost rail of every pannel of such worm
fence shall be braced with two strong rails, pol'-"^ '>>• ^••ukcs:, locking ca.ch corner or
angle thereoi.
§ 3. In all cases the sufTiciency of the worm shall be adjudged of by the persons
who may be summoned to view said fcnee.
§ 4. If any horse, cattle or other stock, shall break into any inclosure, the fence
being of the height and sufliciency aforesaid, or if any hog, shote or pig, shall break
into the same, the owners of such creature or c^'catuves, shall, for the first trespass,
make reparation to the party injured for the true value of the damages he shall sus.
■ ■r, and for every trespass thereafter, double damages, to be recovered with costs>
before a justice of the peace, or in any court of record having cognizance of the
sum demanded by the party injured; for the third offence, from any of the beasts
aforesaid breaking hito such inclosure, the party injured may kill and destroy the
sts so trespassing without being answerable for the same-
' 5. Upon the complamt of the party iniuied; to any justice «.-; uu, j-- •-> ox ,ihe
' n^hip, such justice shall issue his order without dolay to three disinterested
^•"seholders of the neighborhood, no ways related to the party injured, reciting
ihe complaint, and requiring them to view the fence where- the trespass is com-
plained of, and iako memorandum of ihe same; and their testimony in such case
shall be good evidence on the trial touching the lawiuiness of the fence.
^' If any person damnified L. v. .... cf r.uch sufficient fcnco'^ sh-.l) huut, wounl ,
lame, kill or destroy, or cause the same to be done, by shooting, hurting with d:-:^
or otherwise, any of the creatures in this act mentioned, such person shall satisfy
the owner of such creatures in double damages, with costs-
Approved^ F'ihruary 20M, 1835.
INDIANS
An act to restrain intercourse wilh Indians.
Sec. 1, Trade and infcrcoursc with Indians ^c, prohibited; penalty,
2. Certain trade with Indians within this state prohibited.
S. Penalty to sell, exchange or give to any Indian, spirituous liquora, ^t.
4. Penalties and lines under this act appropriated.
5. General and Cold ofTicers of militia, when to order Indians to be removed out
6. Militia thus ordered; to be placed under a commisaio.'i-* -T. -
Gk For such services no compensation to be allowed.
■Be it enacted by the general assenihhj of the state
§ 1. Any person who sliall reside or attempt to reside as a™
camp of any Indian tribe, not permaneiitly settled within this state,
merchaiidize found in his possession and offered for sale to the Indians, and si
\:lred dollars, or be imprisoned not exceeding thirty
/li to come within this state for the pur-
•han is hereinafter pentiitlod, or shall purchase or reccivt
of any Indian v.i li'c way of trade or otherwise, a horse or gun, he shall be finei
in a sum not exceeding fifty dollars.
3. Any person who shall sell, exchange, or give to any India- yirituous
or vinous liquors, shall forfeit a sum not less than thirty, nor more than one hundred
and fifty doUai-s, or shall be imprisoned not exceeding thirty days nor less than
ten.
§ 4. All penalties and fines accruing under t: -r the use of the
county in which tlie indictment is found.
§ 5. Whenever any general or field officer of the iniliti 'ory
information that any Indians arc h4|q^ng or roamin
cers command, he may'' order out d sufficient portio:
'euch Indians out of the white Ectt^mcr!''-.
§ 6. When any pof tio^i
placed tinder the command ot ::>aiyc co..
power, audit shall be his dutv/fb ni-
without delay.
§ 7. For rendering services require*! ^ T-'^y
«1.'h11 be allowed.
i^pproved^ March 2th, 1830.
IJN JUNCTIONS. 31^
INJUNCTIONS.
A?i act regulating injunctions.
Sbc. 1. Who may graut injunctions.
2 When county court, or any two Justices thereof, in vacation, may grant injunctions.
3. What proof necessary under the second sub-division of the preceding section.
4. Injunctions, to what court returnable.
5. To stay proceedings at law, where to be had ; subpoena, where directed.
6. Notice of application for injunction to be given; to whom.
7. Notice may be put up in the clerk's office; when and under what circumstances.
8. what the notice shall contain, and how served.
9. Extent of injunctions to stay proceedings at law.
10. To operate as a release of errors.
11. Bond to be given, condition of the bond.
12 Bond when filed, when it may be entered into before the clerk, .^'•c.
13- Damages to be awarded upon dissolution.
14. Decree according to the circumstances of the case, how enforced.
15. Notice of application not required in certain cases.
16. Application overruled, certificate to be granted ; effect thereof.
17. To disobey or violate injunction after service, how punished; proceedings thereon.
18. After answer filed, motion for dissolution always in order; proceedings on the motion.
19. Continuance of motion may be granted on affidavit.
20- Testimony on such motion to he by deposition.
21. May be read on final hearing.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. The supreme and circuit courts, and any judge tiiereof in vacation, may
grant injunctions.
§ 2. The county court, or any two justices thereof in vacation, may grant in-
junctions in the following cases: First, To stay judgments, or proceedings thereon
before any justice of the peace within the county. Second, In all other cases, if
there be not within the county any court in session, or any judge authorized by
the first section of this act to grant injunctions, at the time of the application
therefor.
3 § Whenever an application for an injunction, in any of the cases mentioned in
the second sub-division of the last section, shall be made to a county court, or any
two justices thereof, the applicant shall produce satisfactory proof that there is not
then any supreme or circuit court in session, nor any judge thereof withm such
^„ty, and if such proof is not produced, the application shall be denied.
§ 4. Injunctions shall be returnable to the circuit court of the proper county.
§ 5 Proceedinc^s on an injunction to stay a suit or judgment at law, shall be had
:u the county where the judgment was rendered, or the suit is pending, and the
subpoena may be directed in the first instance into any county where the defendant
^^^l r*Before an injunction shall be granted to stay any proceeding at law, the
applicant shall give reasonable notice in writing to the adverse party, if withm the
state, or to his known agent or attorney, if he has any in the state.
§ 7. If he does not reside in the state, and has no known agent or attorney
therein, notice shall be put up, ten days before the application for the injunction,
41
count
m
314 INJUNCTIOJNS.
in the office of the clerk of the circuit court of the county where the proceedings
at law were had.
§ 8. The notice shall state the time and place of applying for the injunction, and
shall be proved by the return of an officer, the evidence of a witness, or the ac"
knowledgment of the adverse party, his agent or attorney, endorsed thereon.
§ 9. No injunction shall be granted to stay any judgment or proceedings at law,
except so much of the recovery or cause of action as the complainant shall shew
himself equitably entitled to be relieved against, and so much as will cover costs.
§ 10. Every such injunction shall operate as a release of all errors in the pro-
ceedings at law that are prayed to be enjoined.
§ 11. No injunction shall issue in any case until the complainant execute a bond,
with sufficient security to the other party, in such sum as the court or judge shall
deem sufficient to secure the amount, or other matter to be enjoined, and all dama-
ges that may be occasioned by such injunction, conditioned that the complainant
will abide the decision which shall be made therein, and pay all sums of money,
damages and costs that shall be adjudged against him, if the injunction shall be
dissolved.
§ 12, {Such bond shall be filed with the clerk of the circuit court of the county
to which the injunction is returnable, and the bond may be entered into before
said clerk, if the court or judge granting the injunction shall first approve of the
security.
§ 13. Upon the dissolution of an injunction in whole or in part, damages shall
be assessed by a jury, or if neither party require a jury , by the court; but if money
shall have been enjoined, the damages thereon shall not exceed ten per centum on
the amount released by the dissolution, exclusive of legal interest and costs.
§ 14. The court shall enter a decree, according to the circumstances of the case,
including the damages so expressed, and may award execution thereon, or other-
wise enforce such decree according to the rules and practice in chancery.
§ 15. Where an injunction to stay proceedings' at law is prayed in the same
court where proceedings Avere had. no notice of the application shall be necessary,
unless prescribed by rule of court.
0 16. When any application for an injunction shall be overruled, the court or
judge shall grant to the defendant in the bill, a certificate thereof, and no judge shall
afterwards grant an injunction in the same cause in vacation.
§ 17. If any person disobey or violate an injunction after it shall be served on
him, the court, or any judge thereof in vacation, shall issue an attachment against
him for a coRtempt, and unless he shall disprove or purge the contempt, the judge
may commit him to jail, until the sitting of the court in which the injunction is
pending, or take bail for his appearance in said court, at the next term thereof, to
answer for the contempt and abide the order of the court.
§ 18. After the answer is filed, a motion may be made at any time in term to
dissolve the injunction, and upon such motion the parties may introduce testimony
to support the bill and answer, and the court shall decide the motion upon the
weight of testhnojiy, without being bound to take the answer as true.
INNS AND TAVERNS. 315
§ 19. If after a motion for dissolution is made, the plaintiff in the bill will satisfy
the court by his own affidavit, or that of any disinterested person, that any mate-
rial specified part of the answ^er is not true, that ho has witnesses, whose testimo-
ny he believes he can procure at th3 next term, who will disprove the same, and
that he has not been able to procure such testimony, since the coming in of the
answer, the court may continue the motion until the next term.
§ 20. In addition to the bill and answer, and the affidavits filed therewith, all
testimony on such motions shall be depositions taken as in other chancery pro-
ceedings.
§ 21. Depositions taken to support or dissolve an injunction may be read on
the final hearing of the cause in which they have been taken.
Approved^ February 25th, 183 5.
INNS AND TAVERNS.
An act to regulate inns and taverns.
S^EC. 1. Wine or spirituous liquors not to be sold without a tavsrn license
2. No person to keep tavern vvitliout such license, &c.
3. Penalty for violation of the two preceding sections; how sued for
4. Licenses to inn-keepers, granted, ^-c , by the several county courts.
5. Application for license to be in writing; whatfacts to be stated.
6. Duty of each justice of the court on application for license.
7. Tax on licenses to be levied and collected to the use of the state.
8. The sums to be paid, to be ascertained and fixed by the court.
9. Not to be granted to keep an inn, unless applicant is prepared to accommodate guests.
10. Facts to be contained in the order granting a license; copy to be delivered to applicant.
11. Clerk to issue license according to order, on production of collector's receipt, and bond filed by applicant.
12. Bond, liow taken; condition of the bond.
13. If license be for keeping an inn and tavern, what further condition shall be in the bond.
14. What facts shall be recited in the license issued by the clerk ; how authenticated.
15. License expire in vacation, may be extended by the clerk till the next term of court.
16. How to proceed to extend license under the preceding section.
17. Fees of the clerk for issuing license and extension of licens«, to be paid by the applicant.
18. Effect and extent of license granted under this act.
19. Innkeepers having a tavern license, to keep good entertainment, bedding, &c,
20. Penalty for failing to keep articles mentioned in the preceding section; how recovered, &;c.
21. Penalty for failing to keep an inn or tavern according to the true intent and meaning of this act.
22. Penalty for harboring, i\c., apprentice, minor, ^-c, or to sell liquor, &c., to such servant, apprentice, &c.
23. Penalty to harbor, &c. non-commissioned officer or soldier of the U. S. army, or to sell spirituous liquors to, &c
without written permission, &c.
24. Violating provisions of the two preceding sections, deemed guilty of keeping disorderly house.
25. Convicted of keeping a disorderly house, or of permitting unlawful gaming, penalty , .^-e.
26. Violation of the provisions of this act deemed a breach of tho bond, ^c.
27. Fines and penalties under this act, how appropriated.
28> Construction of this act, in selling meat or drink under certain circumstances.
29. Construction and extent of this act affecting persons keeping private entertainment on the road.
30. List of tavern license to be furnished to the attorney general, &c,, at eaoh term of the court.
31. Duty of civil officers to give information for violations of this act.
32. Attorney general and circuit attorney to prosecute for violations of this act.
33. This act not to apply to persons dealing as a grocer.
316 INNS AND TAVERNS.
Be it enacted by the general assembly ofjfie state of Missoim, as follows:
§ 1. Hereafter no person ,'within this state shall, without a tavern license con-
tinuing in force, directly or indirectly "sell, barter or'deliver, or knowingly permit
to be sold, bartered or delivered, for, or on his or her account, any wine or spiritu-
ous liquor, by less' quantity than one quart, or any composition of which wine or
spirituous liquor shall be a part, by less quantity than one gallon, to be delivered to
one person at one time, without collusion or fraud.
5 2. No person without such tavern license shall,'under any color or pretence,
keep a tavern, or knowingly suffer or permit any wine or spirituous liquor, or any
composition of which wine or spirituous liquor forms a part, to be sold, bartered or
delivered by him or her, or on his or her account, to be used or drank in his or her
house, shop, store or out house, shed, booth, stall, shelter, boat, yard, plantation^
lot or other premises occupied by him or her, or under his or her control.
k 3. Every person who shall violate the provisions of either of the two preceding
sections, shall forfeit and pay a sum not exceeding two hundred dollars for each
offence, to be recovered by action of debt in the name of the state.
§ 4. The several county courts are authorized to grant tavern licenses to inn-
keepers and others within their respective counties, to continue in force for one
year, and to renew the same, from time to time, in the manner prescribed by this
act, and not otherwise.
§ 5. Every application for a tavern license shall be in writing, and shall state
whether the applicant intends to keep an inn and tavern, or a tavern only, and
shall designate particularly the place at which the same is proposed to be kept.
§ 6. Upon every application for a tavern license, it shall be the duty of each
justice or member of the court, to make known any facts or objections within his
knowledge, if any there be, why the application should not be granted, and there-
upon the court may, in its discretion, grant or refuse the application.
§ 7. There shall be levied and collected to the use of the state, on each tavern
icense, as follows: First, if granted to an inn-keeper, not less than ten nor more than
thirty dollars. Second, if to a person not an inn-keeper, a sum not less than ten nor
more than one hundred dollars.
§ 8. The sums to be paid shall be ascertained and fixed by the court granting
the license, taking into consideration the place where the inn or tavern is to be
kept, as affording more or less profit to the applicant, and the advantages or disad-
vantages to the public.
§ 9. No tavern license shall be granted to any person as an inn-keeper, unless
the court shall be well satisfied that the applicant is prepared to keep an inn for the
accommodation of guests, within the true intent and meaning of this act.
§ 10. Every order granting a license shall specify whether the same is to be for
an inn and tavern, or tavern only, the place where, and the name of the person by
whom the same is to be kept, and the amount of tax to be assessed, and the clerk
shall deliver to the applicant a copy of such order. '
§ 11. If the applicant shall pay to the collector of the county the sum assessed.
INNS AND TAVERNS. 317
such collector shall make out and deliver to him a receipt therefor, and on such re-
ceipt being delivered to the clerk of the court making the order, and a bond entered
into and filed with the clerk as hereinafter directed, such clerk shall issue a license
according to the order of the court.
§ 12. The bond of the applicant shall be to the state of Missouri, in such sum as
the county court shall direct, with sufficient securities to be taken and approved by
the clerk, conditioned that the applicant will, during the term for which he is to be
licensed, keep an orderly house, and not permit or suffer any unlawful gaming thereinj
nor in any out-buildings, nor elsewhere on the premises in his possession or under his
control, and that he will in all things observe the direction of the laws regulating
inns and taverns.
5 13. If the applicant is to be licensed to keep an inn and tavern, the bond shall
contain the further condition, that the applicant shall constantly find and provide
in the inn and tavern to be kept by him, good and wholesome diet and lodging for
travellers and other guests, and also provide and furnish sufficient stabling and
provender for horses, as the season shall require, during the continuance of the
license.
§ 14. The license to be issued by the clerk shall recite the order of the court,
the payment of the tax, and the filing the bond, and shall authorize the person in
the order named to keep an inn and tavern, or a tavern only, at the place and for
the period in the order specified, and then and there to vend wines and spirituous
liquors, which license shall be authenticated by the seal of the court.
} 15. If any license, granted and issued pursuant to the provisions of this act,
shall expire at a time when the county court for the proper county shall not be in
session, the same may be extended until the next term of such court, in the man-
ner hereinafter next provided.
5 16. The person having a license which may be extended according to the pre-
ceding section, may apply to the clerk for that purpose, who shall ascertain the
amount which ought to be paid for such extension, accoi'ding to the rate of tax
imposed in the license by the court, and such amount being paid to the collector,
and satisfactory evidence of the payment being deposited with the clerk, he shall
endorse on the license a certificate of the extensi/jn until the next term of the
county court, stating therein the amount paid for such extension.
§ 17. The several clerks shall be entitled to receive the sum of fifty cents for
every license and every extension of a license issued by them, which sum shall be
paid by the applicant.
§ 18. No license granted by virtue of this act, shall authorise the keeping a tav-
ern, or the sale of wines or spirituous liquors, at any other place than that which
shall be therein designated, nor shall such license be assignable, but as to all places
and persons not named in the license the same shall be inoperative.
§ 19. Every inn-keeper having a tavern license, shall have, and, at all times
during the continuance of his license, keep in his house at least two good beds,
with good and sufficient bed clothing for the same, for the use and accommodation
of guests, and shall provide and keep good and sufficient diet for travellers and
318 INNS AND TAVERNS.
other guests, and stabling, with good provender of hay and grain, or pasturage and
grain for horses, as the season shall require.
§ 20. If any person, who as an inn-keeper has a tavern license, shall fail or
ne""lect to keep any of the articles mentioned in the pi'eceding section, he shall
forfeit and pay the sum of twenty dollars, to be recovered in the name and to the
use of any person v/ho will sue for the same, by action of debt; and every such
nealect or refusal shall moreover be deemed a breach of the condition of the bond.
§ 21. If any person having obtained a license to keep an inn or tavern under the
provisions of this act, shall not, according to the true intent and meaning of this
act, keep an inn for the accommodation of travellers and other guests, furnished
and provided with house room, lodging and diet for men, and stables and proven-
der for horses, but shall, under pretence of keeping such inn, sell wine or spirit-
uous liquors, or any composition of which wine or spirituous liquors shall be a
part, such person shall not only forfeit the penalty of his bond, but shall also pay
twenty dollars, to be recovered in the name of the state by an action of debt.
§ 22. If any licensed keeper of an inn or tavern shall receive, habor, entertain
ordeal with any minor, apprentice, servant or slave, knowing or having reason to
believe him to be such, or shall sell, barter or deliver, or knowingly permit to be
sold, bartered or delivered to any such minor, apprentice, servant or slave, any
wine or spirituous liquor, or any composition of which wine or spirituous liquor
forms a part, without the consent in writing of the parent or guardian of such mi-
nor, or the master or mistress of such apprentice, servant or slave, the person so
offending shall forfeit and pay for every such offence, a sum not less than ten nor
more than fifty dollars to the parent or guardian of such minor, and the master or
mistress of such apprentice, servant or slave.
5 23. If any such licensed keeper of an inn or tavern shall receive, harbor or
entertain any non-commissioned officer or soldier of the army of the United States,
knowing or having reason to believe, him to be such, or shall sell, barter or deliver,
or knowingly permit to be sold, bartered or delivered to such non-commissioned
officer or soldier, any wine or spirituous liquor, or any composition of which wine
or spirituous liquor forms a part, without the written permission of some commis-
sioned officer of such army, the person so offending shall forfeit and pay a sum not
less than five, nor more than thirty dollars, to be recovered by action of debt in
the name of the state of Missouri.
5 24. Every licensed keeper of an inn or tavern, who shall be guilty of a violation
of any of tlie provisions of either of the two next preceding sections, shall be
deemed guilty of keeping a disorderly house.
§ 25. Every such keeper of an inn or tavern, who shall be convicted of keeping
a disorderly house, as declared by this act or otiierwise, or who shall suffer or per-
mit unlawful gaming therein, shall be fined in a sum not exceeding five hundred
dollars, or imprisoned not exceeding six months, or both, according to the nature
and aggravation of the offence; and the court before which the conviction is had,
may, in its discretion, revoke and annul the license of the person so convicted
INNS AND TAVERNS. 319
and such person shall not be deemed qualified to obtain a tavern license for the
period of two yea^ps.
§ 26. Every violation of the provisions of this act by ary person havino- a tav-
ern license, shall be deemed a breach of the condition of his bond, and such bond
may be sued on and recovery had, in addition to the penalties by this act imposed
for such violations.
5 27. All fines, penalties and forfeitures, which may be recovered for the viola-
tion of any of the provisions of this act, unless herein-before otherwise expressly
appropriated, shall be paid into the treasury of the county in which the conviction
is had.
§ 28. Nothing in this act contained shall be construed to prevent any person
having a tavern license continuing in force, from vending meat and drink in the
same manner and under the same restrictions as at his own inn or tavern, at any
place distant one mile or more from any licensed tavern, there being at such place
a muster, public sale, or other lawful meeting.
§ 29. The provisions of this act shall not be construed to prevent any person
whol ives on any road, from^ keeping a house of private entertainment and furnish-
ing diet and lodging to travellers and others, and provender and pasturage for hor-
ses, without obtaining a tavern license, so that such person do not vend or barter,
or suffer to be sold or bartered on his account, any wine or spirituous liquor.
§ 30. It shall be the duty of each clerk of a county court, to make out and deliver
to the attorney general or circuit attorney prosecuting for the circuit, at the com-
mencement of each term of the circuit court of the county, a list of all tavern li-
censes continuing in force.
§ 31. It shall be the duty of all civil ofiicers to give information to the attorney
general or circuit attorney prosecuting in their respective circuits, of all violations
of this act coming within their knowledge, or which they may have cause to sus-
pect.
§ 32. The attorney general and circuit attornies respectively, shall, within their
respective circuits, prosecute in all, cases of violations of the provisions of this act,
not otherwise provided for.
§ 33. This act shall not apply to any person dealing as a grocer, having a license
so to deal.
Approved, March IQth, 1835.
320 INQUESTS.
INQUESTS.
A71 act for holding inquests.
Stc. 1. in case of death by violence or casualty, coroner to Issue liis warrant for summoning a Jury, &c.
2. Duty of constable to whom warrant is directed, &c.
3. Penalty on constable for failing to execute or return the warrant.
4. Penalty on jurors failing to attend without reasonable excuse; bow sued for, &c.
5. Coroner to administer oath to jurors; form of the oath.
6. When the jury are sworn, charge to be given them by the coroner.
7. When the jury are sworn, they shall remain together; what proclamation to be made.
8. Coroner authorized to issue subpoenas for witnesses.
9. Shall have power to administer oath to witnesses; form of the oath.
10. Testimony to be reduced to writing and witness recognized in certain cases; verdict to be delivered to the coroner;
return of inquest, &c.
11. Duty of the coroner if death found by felony; proceedings to apprehend the felon.
12. When a justice of the peace, or a judge or justice of a court of record, may perform the duties of coroner.
13. Constable unable to attend, some other person to do his duty, subject to the same penalties, &c.
Be it enacted by the general assembly of the state of Missouri, as follows:
} 1. That every coroner, so soon as he shall be notified of the dead body of any
person, supposed to have come to his death by violence or casualty, found within
his county, shall make out his warrant, directed to the constable of the township
where the dead body is found, requiring him fordiwith to summon a jury of six
good and lawful men, householders of the same township, to appear before such
coroner at the time and place in his warrant expressed, and to enquire upon a
view of the body of the person then lying dead, how^, and by w4iom, he came by
his death.
§ 2. Every such constable to whom such warrant ^ shall be directed shall forth-
with execute the same, and shall repair to the place where the dead body is at the
time mentioned, and make return of the warrant, wuth his proceedings thereon, to
the coroner who granted the same.
§ 3. Every constable failing to execute such warrant, or to return the same, shall
forfeit and pay the sum of eight dollars.
§ 4. Every person summoned as a juror, who shall fail to appear or make a
reasonable excuse to the coroner for his non-attendance within five days after the
time appointed in the warrant, shall forfeit and pay the sum of five dollars, which .
fine shall be recoverable in an action of debt, at the instance of the coroner and
in the name of the state, before any justice of the peace, and be applied to the use
of the county.
^ 5. The coroner shall administer an oath or affirmation to the jurors, in the
following form: "You solemnly swear (or affirm) that you will diligently enquire^
and true presentment make, how, and by whom, the person who here lies dead
came to his death, and you shall deliver to me, coroner of this county, a true
inquest thereof, according to such evidence as shall be laid before you, and accord-
ing to your knowledge."
§ 6. As soon as the jury shall be sworn, the coroner shall give them a charge,
upon their oaths, to declare of the death of the person, whether he died of felony
or accident; and if of felony, who were principals, and who were accessories, and
1
INQUESTS. 321
all the material circumstances relating thereto; and if by accident, whether by the
act of man, andthe manner thereof, and who was present, and who was the finder of
the body, and whether he was killed in the same place where the body was found,
and if elsewhere, by whom and how the body was brought there, and all other
circumstances relating to the death; and if he died of his own act, then the manner
and means thereof, and the circumstances relatinsf thereto.
§ 7. When the jury are sworn, they shall remain together, and proclamation
shall be made for any person who can give evidence to draw near, and they shall
be heard.
§ 8. Every coroner shall be empowered to issue his summons for witnesses
commanding them to come before him to be examined, and to declare their
knowledge concerning the matter in question.
§ 9. He shall administer to them an oath, or affirmation in form following: "You
■do swear (or affirm) that the evidence you shall give to this inquest, concerning the
death of the person here lying dead, shall be the truth, the whole truth, and nothing
but the truth."
} 10. The evidence of such witness, shall be taken down in writing, and
subsciubed by them, and if it relate to the trial of any person concerned in th©
death, then the coroner shall bind such witnesses, by recognizance, in a reasonable
sum for their appearance before the circuit court of the county, where the felony
appears to have been committed, at the next term thereof, there to give evidence,
and to commit to the common jail of the county any witness refusing to enter into
such bond; and shall return to the same court the inquisition, written evidence,
and recognizance by him taken; and the jury having received the body, heard the
evidence, and made all the enquiry in their power, shall draw up and deliver to the
coroner their verdict upon the death under consideration, in writing, under their
hands, and the same shall be signed by the coroner.
§ 11. The coroner, upon an inquisition found before him, of the death of any
person by the felony of another, shall speedily inform one or more of the justices
of the peace of the proper county, or some judge or justice of some court of record,
and it shall be the duty ot such officer forthwith to issue his process for the appre-
hension, and securing for trial of such person.
§ 12. If the coroner is not able to take the inquest, or if he resides at a greater
distance than fifteen miles from the place where the dead body is found, any
justice of the peace, or any judge or justice of some court jof record of the
proper county, may take the inquest and perform all the duties hereby enjoined
on the coroner.
§ 13. If the constable of the proper township is unable to execute the duties
required by this act, the officer taking the inquest may direct his warrant to any
householder of the county, wlio shall perform the duties of constable, be subject
■ to the same penalties, and entitled to the same fees.
Approved, Fehritary 'z&th, 1835.
42
322 INSANE PERSOFS.
INSANE PERSONS.
An act relative to insane persons,
8lC. 1. County courts have the power to appoint, and control over, guardians of insane persons, &c.
2- On information in wrriting, Sfc, court to cause insane person to be brought before them, and the facts to b«
enquired into by a jury.
3. Duty of justice of the county court, justice of the peace, sheriff, coroner or constable, relative to insane persona
in their county; proceedings thereon.
4. On verd'ct of the jury, when court to appoint guardian for such insane person.*
5. Costs of proceedings under this act, how paid.
6. If the person alleged to be insane be discharged; costs how to be paid.
7. Inquisition may be set aside and new jury empannelled; when, and effect of.
8. Guardian of insane person to enter into bond; condition of the bond.
9. New bond or additional security may be required of the guardian by the court ; in default thereof, gtiardiansbSp
may be revoked.
10. Bond, when depositrd; certified copy of bond evidence, i^-c.
11. Notice of such guardianship to be published; when, how, i^c.
12. Guardian to take charge of insane person, to provide for his support, &c.
13. Guardian to take charge of the goods, chattels, monies, effects, &c., of such insane person.
14. Inventory of the effects of such insane person to be filed by the guardian; when, S^c.
15. Additional inventory to be filed; when.
16. Inventories to be made in the presence of, and attested by two credible witnesses, to be verified by oath o*
guardian.
17. Guardian to prosecute and defend suits brought by and against his ward.
18. To collect debts, give acquittances, &c., to adjust, settle, and pay demands, i^-c, on behalf of the ward.
19. Power and duty of the county court to make order touching the estate of insane persons, &c.
20. When personal estate not sufficient to pay debts, maintenance, educate children, &c. guardian to apply hy
petition to court for leave to mortgage real estate, &C'
21. What facts the petition shall contain.
22. On exaniina'ion, court may order the mortgage, sale or leasing, &c., of the real estate.
23. Time, terms of sale, mortgage, yc, to be fixed by the court, and the application of the proceeds.
24. Time, terms of sale, &c.,tobe published; when and how.
25. Sale to be made at public vendue to the highest bidder; proceedings to be reported to court.
26. Report to be accompanied by the affidavit of the guardian; what facts it shall contain.
27. If the report be confirmed, proceedings under it.
28. If the report be disapproved, proceedings and order of the court.
29. Deed by guardian not to be made, until ordered by the court.
30. Conveyance, &c., made by order of court under this act, shall be valid, &c.
31. Guardian to make settlement of his guardianship, by order of the court, when, S^c:
32. Contract of ward not binding without consent of guardian ; money, property, &e., sold or disposed of by ward*
may be recovered by guardian.
33. Insane person not to be held to bail, Sfc.
34. Suits against insane persons, process to be served on the guardian, proceedings, S;c.
35; When the guardian may apply for an appropriation from the county to support his ward.
36. What facts shall be contained in a petition to the county court for that purpose.
37. When court may make an appropriation out of county treasury to support such insane person.
38. Allowance not to be made for more than one year, and not until the guardian has accounted, Set.
39. Allegations, verified by oath, that insane person has been restored, &c., facts to be tried by a jury.
40. If it be found that such person has been restored, he shall be discharged; guardian to settle, &c.
41. In case of death of insane persons, guardianship to cease &c.; accounts to be settled, Sec.
42. County court shall have power to remove guardian, &c.
43. When guardian is removed, he shall settle his accounts, and render to his successor the estate and effeets of
his ward.
44. County court shall have control over guardians of insane persons; their powers, <5c.
45. When insane person may be confined, duty of court and guardian.
46. Insane person not confined by his guardian, or if no person have charge of him, duty of a Judge of a eovt ^
record or two justices of the peace.
47. Expenses attending such confinement, how to be paid.
48. Appropriations made out of the county treasury, how and out of whom they may be recovered.
INSANE PERSONS. 323
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. The several county courts within their respective counties shall have power
and jurisdiction to appoint and possess a superintending control over guardians?
to take the care, custody and management of idiots, lunatics and persons of un-
sound mind, who are incapable of conducting their own atTairs, and their estates,
real and personal, and to provide for the safe keeping of such insane persons, and
the maintenance of themselves and their families, and the education oi their chil-
dren, in the manner hereinafter directed.
§ 2. If any person shall give information in writing to the county court, that
any person in their county is of unsound mind, as in the preceding section is
mentioned, and pray that an enquiry thereof be had, the court, if satisfied that there
is good cause for the exercise of its jurisdiction, shall cause the person alleged to
be insane to be brought before such court, and enquire into the facts by jury.
{ 3. Whenever any justice of the county court, justice of the peace, sheriff,
coroner or constable, shall discover any person resident in his county, to be of
unsound mind, (as in the first section of this act mentioned,) it shall be his duty to
make application to the county court for the exercise of its jurisdiction, and
thereupon the like proceedings shall be had, as in the last preceding section is
directed.
§ 4. If it be found by the jury that the person so brought before the court is of
unsound mind, and incapable of managing his or her own affairs, the court shall
appoint a guardian of the person and estate of such insane person.
§ 5. When any person shall be found to be insane, according to the preceding
provisions, the costs of the pi'oceeding shall be paid out of his estate, or, if that be
insuflicient, by the county.
5 6. If the person alleged to be insane shall be discharged, the costs shall be
paid by the person at whose instance the proceeding is had, unless said person be
an officer acting officially, according to the provisions of this act, in which case the
costs shall be paid by the county.
§ 7. The court may, if just cause appear at any time during the term at which
an inquisition is had, set aside the same, and cause a new jury to be empannelled
to enquire into facts; but when two juries concur in any case the second verdict
shall not be set aside.
{ 8. Every such guardian shall, before entering upon the duties assigned him,
enter into bond to the state of Missouri, in such sum and with such security as the
court shall approve, conditioned that he will take due and proper care of such
insane person, and manage and administer his estate and effects to the best advan-
tage, according to law, and will faithfully do and perform all such other acts, matters
and things, touching his guardianship, as may be prescribed by law or enjoined on
him by the order, sentence or decree of any court of competent jurisdiction.
§ 9. The court may at any time require of any such guardian to give a new
bond or additional security, as the circumstances of the case shall require; and
if any order for that purpose be not complied with within a reasonable time to be
therein mentioned, the appointment of the guardian may be revoked, and another
appointed, who will give the bond and security required.
324 INSANE PERSONS.
§ 10. Every bond given by such guardian shall be deposited with the clerk of the
court making the appointment, and a copy thereof, duly certified" by such clerk,
shall be evidence in all respects as the original.
§ 11. It shall be the duty of every such guardian, within thirty da} s after his
appointment, to cause a notice thereof to be published in some newspaper printed
in this state, and continue such publication for four weeks successively, or other-
wise publish such notice at such time and in such manner as the court shall order.
5 12. Every such guardian shall take charge of the person committed to his
charge, and provide for his support and maintenance as hereinafter directed.
{ 13. It shall be the duty of such guardian to collect and take into his possession
the goods, chattels, monies, efiects, books and other evidences of debt, and all
writing touching the estate, real and personal, of the person under his guardianship.
§ 14. Within three months after his appointment, such guardian shall make out
and file in the oflice of the clerk of the county court by which he was appointed,
a just and true inventory of the real and personal estate of his ward, stating the
income and profits thereof, and the debts, credits, and effects, so far as the same
shall have come to the knowledge of such guardian.
5 15. Whenever any property belonging to such estate shall be discovered, after
the filing any inventory, it shall be the duty of the guardian to file as aforesaid an
additional inventory, containing a just and true account of the same, froin time to
time, as the same shall be discovered.
5 16. All such inventories shall be made in the presence of, and attested by, two
credible witnesses of the neighborhood, and shall be verified by the oath or affirma-
tion of the guardian.
§ 17. It shall be the duty of every such guardian to prosecute all actions com-
menced at the time of his appointment, or thereafter to be commenced, by or on
account of his ward, and to defend all actions pending, or which may be brought
against such ward.
§ 18. Every such guardian is authorized and required to collect all debts due or
becoming due to his ward, and give acquittances and discharges therefor; to
adjust, settle and pay all demands due, and becoming due from his ward, so far as
his estate and effects will extend, as hereinafter provided.
} 19. Every county court by whom any insane person is committed to guardian-
ship, may make order for the restraint, support and safe keeping of such person, for
the management of his estate, for the support and maintenance of his family, and edu,
cation of his children, out of the proceeds of such estate, to set apart and reserve
to the use of such family any property, real or personal, not necessary to be sold
for the payment of debts; and to let, sell, or mortgage any part of such estate, real
Or personal, when necessary for the payment of debts, the maintenance of such
insane person or his family, or the education of his children.
§ 20. Whenever the personal estate of any such insane person shall be insufficient
for the discharge of his debts, the maintenance of himself and his family, or the
education of his children, it shall be the duty of the guardian to apply by petition
to the court by which he was appointed, praying authority to mortgage, lease or
INSANE PERSONS. 825
sell the whole or so much of the real estate of such person, as shall be necessary
to supply the sufficiency.
§21. The petition shall set forth the particulars, the amount of the estate, real
and personal, of such insane person, and of the debts by him owing, accompanied
by a full, true, and perfect account of the guardianship of the petitioner, shewing
the application of the assets which may have come to his hands.
§ 22. If it appear to the court upon examination of the matter, that the personal
estate is insufficient for the purposes above mentioned, and that the assets have
been applied as far as the circumstances of the case rendered proper, the court
shall make an order, directing the mortgage, leasing or sale of the w^hole, or such
part of the real estate as may be necessary.
§ 23. The court making such order shall direct the time and terms of sale, the
mortgage or lease of such estate, and the manner in which the proceeds shall be
secured, and the income or produce thereof appropriated.
§ 24. When a sale of real estate shall be ordered, the guardian shall cause notice
of the time, place, and terms of sale, a description of the property to be sold, to be
published four weeks successively in some newspaper printed in or nearest to the
county in which the premises to be sold are situate, and shall, also, put up like
notices at six of the most public places in such county, six weeks before the day of
sale.
§ 25. Such guardian shall at the time and place appointed for the sale thereof, sell
such lands at public vendue, to the highest bidder, and make report of his proceed-
ings to the county court making the order, at the next term thereof.
§ 26. The report shall be accompanied by the affidavit of such guardian, verify-
ing the report, and stating that such guardian did not directly nor indirectly
become the purchaser of the property sold, or any part thereof; that the same was
not purchased for his use or benefit, and that he is in no wase interested in the
purchase thereof.
§ 27. If the court approve the proceedings, the guardian shall execute a deed to
the purchaser, reciting the order of sale, and conveying to the purchaser all the
estate, right, title and interest of such insane person to the estate sold.
§ 28. If the report be disapproved, the court may set aside the sale, and order
all money paid to be refunded, and all securities given to be cancelled, and may
renew the order of sale as often as may be necessary, until the proceedings are
approved.
§ 29. When the court shall order a lease or mortgage of any estate, no deed or
instrument of writing shall be executed for that purpose, until the court shall have
approved the agreement made by the guardian under such order.
} 30. Every conveyance, mortgage, lease and assurance, made under the order
of a county court, pursuant to the provisions of this act, shall be as valid and as
effectual as if the same had been executed by such insane personnwhen of sound
memory and understanding.
5 31. Every such guardian shall, once a year, or oftener if thereto required by
326 INSANE PERSONS.
the court appointing him, render to such court a just and true account of hisr
guardianship, and make settlement thereof with such court.
§ 32. No contract of any person found to be of unsound mind, as herein-before
specified, which shall be made without the consent of his guardian, shall be valid
or binding, and such guardian may sue for and recover any money or property
which may have been sold or disposed of by his ward, without his consent.
5 33. No such insane person shall be held to bail, nor shall his body be taken in
execution on any civil or penal action.
{ 34. In all actions commenced against such insane person, the process shall be
served on his guardian and on judgments against such insane person or his guardian
as such, the execution shall be against his property only, and in no case against his
body, nor against the body or estate of such guardian, unless he shall have ren-
dered himself liable thereto by false pleading or otherwise.
§ 35. If the estate of any such insane pei'son shall be insufficient to pay his
debts, to maintain himself and family, or educate his children, his guardian may
apply to the county court of the proper county by petition, setting forth the par-
ticulars, and praying for an appropriation from the county treasury for the support
of his ward.
§ 36. The petition shall be accompanied by a true and perfect account of the
guardianship, an inventory of the estate and effects, and a list of the debts due
from sur^h insane person, and shall be verified by the affidavit of the petitioner.
§ 37. If the county court shall be satisfied that such estate and effects are insuffi-
cient for the purposes above specified, such court may order such sum to be paid
to the guardian, out of the county treasury, as shall be sufficient to provide for the
support of such insane person, and cause a warrant to be issued therefor accord-
ingly.
} 38. But no allowance shall be made at any one time for a period longer than
one year; nor shall such order be made at any time unless the guardian shall have
duly accounted for and settled with such court for the monies and eflfects which
shall have come to his hands, for the support of his ward, out of the county
treasury or otherwise.
§ 39. If any person shall allege in writing, verified by oath or affirmation, that
any person declared to be of unsound mind has been restored to his right mind,
the court by which the proceedings were had, shall cause the facts to be enquired
into by a jury.
{ 40. If it be found that such person has been restored to his right mind, he shall
be discharged from care and custody, and the guardian shall immediately settle his
accounts, and restore to such person all things remainining in his hands belonging
or appertaining to him.
§ 41. In case of the death of any such insane person while under guardianship,
the power of the guardian shall cease, and the estate shall descend and be distribut-
ed in the same manner as if such person had been of sound mind, and the guardian
shall immediately settle his accounts and deliver the estate and effects of his ward
to his personal representative.
INSOLVENT DEBTORS. 327
§ 42. The several county courts shall have power to remove any such guardian
at any time, for any neglect of duty, misconduct or mismanagement, or for disobe"
dience to any lawful order, and appoint another in his place.
§ 43. Whenever any such guardian shall be removed from his trust, he shaU
immediately settle his accounts, and render to his successor the estate and effects
of his ward.
§ 44. The county courts, respectively, shall have full power to control the guar-
dian of any such insane person in the management of the person and estate, and
the settlement of his accounts, and may enforce and carry into execution their
orders, sentences and decrees, in the same manner as a court of chancery.
§ 45. If any person, by lunacy or otherwise, shall be furiously mad, or so far
disordered in his mind as to endanger his own person, or the person or property of
others, it shall be the duty of his or her guardian or other person under whose
care he or she may be, and who is bound to provide for his or her support, to confine
him or her in some suitable place, until the next setting of the county court for the
county, who shall make such order for the restraint, support, and safe keeping of
such person, as the circumstances of the case shall require.
§ 46. If any such person of unsound mind, as in the last preceding section is
specified, shall not be confined by the person having charge of him, or there be
no person having such chuige, any judge ofacouit uf lecurd, oi ctii_y two justices of
the peace, may cause such insane person to be apprehended, and may employ any
person to confine him or her in some suitable place, until the county court shall make
further order therein, as in the preceding section specified.
§ 47. The expenses attending such confinement shall be paid by the guardian
out of his estate, or by the person bound to provide for and support such insane
person, or the same shall be paid out of the county treasury.
§ 48. In all cases of appropriations out of the county treasury, for the support
and maintenance or confinement of any insane person, the amount thereof may
be recovered by the county from any person who, by law, is bound to provide for
the support and maintenance of such insane person, if there be any such of suffi-
cient ability to pay the same.
Approved, March 3 J, 1835.
INSOLVENT DEBTORS.
An act for the relief of insolvent debtors,
Bbc. 1. Application for relief how made, and to whom.
2. Order to issue to bring applicant before judge, justice or clerk.
3. If the debtor be not imprisoned, a day for hearing h's application to be set.
4. Schedule to be annexed to and accompany the petition, what the schedule shall contain.
5. Affidavit to be annexed to the petition, account and inventory, form of the affidavit.
6. Copy of schedule to be delivered by petitioner to sheriff, together wiih his property, books, &c.
7. The same to be certified by the sheriff to the judge, justice or clerks ; portion exempi by law from execu-
tion to be reserved and set apart to the applicant.
32» ' INSOLVENT DEBTORS.
B. Applicant complying with the foregoing provisions, to be discharged from arrest; extent and effect of.
9. Sheriff to be ordered to sell the perishable property; terms of the order; notice to be given by the sheriff.
10. Papers and proceedings had under this act; to be filed by the jud:;e, justice or clerk; when, where, &c.
11. Applicants to publish notice before final hearing and discharge; when, how, &c.
12. Failing to comply with the fore»oing provisions, not to be discharged, unless bond be entered into to answer
allegations made against him by his creditors.
13. Trustee for the benefit of creditors, may he ap;iointed by the court or judge in vacation.
14. Trustee, before i-ntering on the duties of his office, to take oath and give bond; condition of the bond.
15. On the filing such bond with the clerk, property, &c., of the debtor, to be vested in the trustee.
16. Sheriff to deliver property, &c., in his hands, to the trustee.
17. Trustee may sue for property, &c. vested in him; prosecute and defend suits on behalf of laid debtor.
18. Circuit court may order sale of property of the debtor; when, &c.
19. Money arising from the estate of such debtor, how distributed and disponed of by the trustee.
20. Judgments and executions, their lien on the estate of the debtor before application for discharge, &,c.
21. Time and- place of adjusting demands to be fixed by the trustee; notice to be published.
22. Debtor and creditor may be examined on oath, by the trustee, touching any claim, whose decision shall b«
finsil, unless requested to be referred to a jury.
23. In such case, the same to be certified by the trustee to the circuit court, where it shall be tried.
24. Dividends to be made from time to time by the trustee, reserving part to abide claims referred to a jury.
25. Creditors failing to exhibit demands, Sfc, precluded from any benefit in said estate.
26. Misconduct or insolvency of trustee, duty and power of the court in such case.
27. Compensation of trustee.
28. Money or property of the debtor, after paying debts and expenses, how disposed of.
29. Sheriff to be trustee until one is appointed; sheriff or trustee authorized to administer oath, &.e.
30. Creditors may exhibit allegations of fraud, when ; proceedings thereon; defendant to be summoned, ^e.
31- SnTOmoiiB rtiurnett served, deiendant not appearing, now the court shall proceed.
32. If the del)tor_ appear, what proceedings shall be had by the court.
33. Debtor fomd guilty of fraud or deceit, &c., forever deprived of the benefit of this act.
34. Creditors may file allegations against other persons; facts to be alleged.
35. Proceedings on such allegations to be had as in case of the debtor, and determined in the same way.
36. Liability and penalty on such person, if found guilty of fraud or collusion with the debtor.
37. Final discharge how obtained, and effect.
38. If arrested or imprisoned after final discharge, on view of his certificate to be discharged again.
S9. On original process under this act, common appearance without bail to be accepted.
40. The estate of the debtor liable for his debts contracted both before and after his discharge.
Be it enacted by tjie general assembly of the state of Missouri^ as follows:
§ 1. Any debtor imprisoned, or liable to be imprisoned for debt, naay make
application in writing to any judge of the supreme court, judge of the cireuit
court, or justice or clerk of the county court of the county in which he may be,
offering to deliver to the use of his creditors all his property, (wearing apparel for
himself and family excepted,) and praying to be permitted to take the benefit of
this act.
§ 2. The judge, justice, or clerk, shall immediately issue his order in writing»
directed to the officer in whose custody such^ person may be, commanding him toj
bring such debtor before him on a day therein named, which shall not exceed five]
days from the date of the order.
5 3. If the debtor shall not be imprisoned, the judge, justice or clerk shall set a|
day forbearing such application, not exceeding ten days after the same is made.
} 4. Every such debtor shall annex to, and deliver with his petition to the officei
to whom it shall be presented, a schedule, contaming:
First, A full and true account of all his creditors.
INSOLVENT DEBTORS. 32g
Second, The place of residence of each creditor, if known to such debtor,
and if not, the fact to be stated.
Third, The sum owing to each creditor, and the nature of each debt or
demand, whether arising on written security, on account, or other-
wise.
Fourth, The true cause and consideration of such indebtedness in each case,
and the place where such indebtedness accrued.
Fifth, A statement of any existing judgment, mortgage, or collateral or other
security for the payment of any such debt.
Sixth, A full and true inventory of all the estate, both real and personal, and
mixed, in law and equity, of such debtor; of the circumstances
existing thereon, and of all the books, vouchers and securities
relating thereto.
5 5. An affidavit, in the following form, shall be annexed to said petition, account
and inventory, and shall be sworn to and subscribed by such debtor, in the
presence of such judge, justice or clerk, who shall certify the same: "I do swear
(or affirm) that the account of my creditors and the inventory of my estate, which
are annexed to my petition, and herewith delivered, are in all respects just and
true; and that I have not, at any time, or in any manner whatsoever, disposed of or
made over any part of my estate for the future benefit of myself or my family, or
in order to defraud any of my creditors; and that I have in no instance credited or
acknowledged a debt for a greater sum than I honestly and truly owed, and that I
have not paid, secured to be paid, or in any way compounded with any of my
creditors, with a view fraudulently to obtain the benefit of this act."
} 6. The petitioning debtor shall deliver to the sheriff of the county, a copy of
such schedule, and all his pi'operty in possession therein mentioned, together with
his books, titlfe papers, evidences of debts, and contracts of every kind whatso-
ever.
§ 7. The sheriff shall certify the same to the judge, justice or clerk to whom the
application is made, who shall thereupon cause to be delivered or reserved to such
debtor, such goods, chattels and property as shall, for the time being, be by law
exempt from execution.
§ 8. The judge, justice or clerk, as soon as such debtor shall have complied with
the foregoing provisions of this act, shall make an order, discharging and exempt-
ing such debtor from arrest and imprisonment, until the end of the term of the
circuit court next to be holden for such county, after the expiration of six weeks
from the date of such order.
§ 9. The judge, justice or clerk, shall make an order, directed to the sheriff,
requiring him to sell the perishable property of such debtor, to be specified in such
order, and prescribing the terms of sale; and the sheriff shall sell the same, giving
twenty days notice of the time and place, in some newspaper, or by advertise-
ment set up in six public places in the county.
§ 10. The judge, justice or clerk, shall cause the papers, and all proceedings had
43
330 INSOLVENT DEBTORS.
before him, to be certified and filed in the office of the clerk of the circuit court of
the proper county, on or before the first day of the circuit court to be held for
such county, next after such proceedings are had.
§ 11. Every petitioning debtor who shall have surrendered his property, and
taken the oath by this act prescribed, shall cause a notice of the proceedings had,
and of his intention to apply for a final hearing and discharge on a day therein
named, to be published in some newspaper printed in, or most convenient to, the
county in which he shall reside, for four weeks successively.
§ 12. If any insolvent debtor shall fail to comply with the foregoing provisions
of this act, he shall not be discharged from arrest or exempt from imprisonment
for any debt contracted before his application, until the final hearing of his appli-
cation, unless he shall enter into bond with security to the state of Missouri, in a
sum to be specified by the court, judge, justice or clerk, conditioned that the said
debtor shall appear at the proper term of the circuit court, and then and there
answer all allegations which his creditors may make against him*
§ 13. The circuit court, or judge thereof in vacation, may appoint a trustee or
trustees for the benefit of the creditors of any petitioning debtor.
§ 14. Every such trustee shall, before entering upon the duties of his office, take
an oath faithfully to discharge the duties thereof, and give bond in such amount
and with such security as the court or judge may approve, conditioned for the
faithful discharge of his duties.
§ 15. Upon filing such bond with the clerk of the circuit court, all the property,
and all claims due, or to become due to such debtor, shall be vested in such trustee
for the benefit of creditors.
§ 16. The sheriflf or other person, in whose hands any property of the insolvent
debtor may be, shall deliver the same to such trustee, and also, all books, writings,
contracts, title papers, and evidences of debt.
§ 17. The trustee so appointed, may sue for, and recover in his own name, any
property or debt assigned to or vested in him by this act, and may prosecute to
judgment, any suit commenced by such debtor, and defend all actions arising, or
contracts which said debtor might have defen-ded.
§ 18. The circuit court may, from time to time, order the sale of any property of
such debtor, in such manner and upon such tei-ms as they shall deem expedient.
§ 19. The money ai-ising from the estate of such debtor, shall be divided among
his creditors according to the amount of their respective demands allowed by the
trustee, after paying all expenses accruing in the settlement of the estate, and fees
of all officers concerned therein.
§ 20. No judgment which shall be entered up, or contpact entered into, after the
application of the debtor as aforesaid, shall be a lien upon real property, nor shall
any execution have any effect upon the real or personal estate of such- debtor,
except execution actually delivered to the officer to be levied before such applica-
tion.
§ 21. The trustee shall appoint a day, which shall be at least six, and not more
tfian twelve, months after the application of the debtor, upon which he will proceed.
INSOLVENT DEBTORS. 331
publicly, to adjust and liquidate the demands against the estate of such debtor;
notice thereof shall be given to all concerned, by advertisements published in some
newspaper printed in or nearest the county, for two months.
§ 22. The trustee may examine the debtor and creditors, and any other person
on oath, touching any claim, and his decision shall be final, unless a creditor or
some other person interested, shall, before decision is made on any particular claim,
request the same to be referred to a jury.
§ 23. The trustee shall certify all such cases to the circuit court of the county,
who shall order the same to be tried on an issue framed for that purpose.
§ 24. The trustee shall, from time to time, make fair and just dividends according
to the provisions of this act, reserving a proportionate part of the debtor's estate,
to abide the event of the contested claims referred to a jury.
§ 25. All creditors who, after being notified as aforesaid, shall not attend at the
time and place of adjusting and ascertaining demands against such estate, and, on
oath, lay before such trustee the nature and amount of their demands, shall be
precluded from the benefit of said estate.
§ 26. If any trustee shall become insolvent, or shall misbehave in any manner,
the court may enquire into the same in a summary way, and shall make such rules
and orders as may be necessary; may punish such trustee for contempt, or remove
him from office and appoint another.
§ 27. The circuit court may allow to the trustee such compensation as they may
deem rea-sonable, not exceedmg ten per centum on the whole amount of the estate.
{ 28. All money and property which may be left out of any debtor's estate, after
payment of all debts and expenses, shall be paid to such debtor, his heirs or
assigns.
{ 29. Until a trustee shall be appointed, the sheriff of the proper county shall
do and perform all the duties enjoined by this act, and shall be subject to the like
proceedings as trustees are; and the trustee or sheriff is authorized to administer
all oaths required to be taken or made before them as trustees.
§ 30. If any creditor, at or before the time appointed for the final hearing of any
debtor's application for a discharge under this act, or within two years thereafter,
shall allege on oath, and in writing, to the court to which such application is made,
if before final discharge, and if after, then to any court within whose jurisdiction
such debtor may be found, either of the following facts.
First, That the said creditor hath, directly or indirectly, sold, conveyed, con-
cealed, or otherwise disposed of, or purchased in trust for himself or
any person, any part of his property, or any part of his debts, rights
or claims, with intent to deceive or defraud his creditors, or to secure
the same, or to receive or expect any profit or advantage thereby.
Second, That he has passed bonds or other evidences of debt, either without
consideration, or on improper consideration; or,
Third, If he hath assigned, conveyed or delivered any of his property, or any
of his debts, rights or credits, to any other person, with latent of
taking the benefit of this act; or,
332 INSOLVENT DEBTORS.
Fourth, If he give any undue or improper preference to any creditor, or to
any security, the clerk of the court before whom such allegations
are filed, shall issue a summons, requiring the debtor to appear and
answer such allegations.
§ 31. Upon a return of the summons served, the court, if the debtpr do not
appear, shall direct an issue or issues to be made up and tried by a jury in a
summary way, without the form of an action, to determine the truth thereof.
\ 32. If such debtor appear, the court may, at the election of the creditor filing
allegations, require the debtor to answer interrogatories touching the matter
alleged against him on oath, or direct an issue to be made up and tried in a summary
way, to determine the truth of the same.
§ 33. Any debtor who shall be found guilty of anj fraud or deceit, or of having
given any undue preference as aforesaid, shall be forever deprived of the benefit
of this act.
5 34. Any creditor may, in like manner, file allegations in writing against any
other person, alleging either of the follow^ing facts:
First, That such debtor hath, directly or indirectly, conveyed or disposed of,
or intrusted to such person, any property, or any part of his debts
or effects, rights or claims, with intent to deceive or defraud his
creditors, or to secure the same, or any profit or advantage to such
debtor; or,
Second, That he has received bonds or other evidences of debt, either without
consideration, or on improper consideration; or,
Third, That such debtor hath conveyed or delivered to such person, by his
collusion, any property, goods, debts, rights or claims, or the
evidence thereof, with the intent to conceal or secure the same from
his creditors.
§ 35. The proceedings in such allegations shall be had in the same manner as
against the debtor, and determined in the same way.
§ 36. If such person, upon answer to interrogatories or by verdict, shall be
found guilty of any fraud or deceit, or collusion therein, with any debtor, he shall
pay to the creditors filing the allegations, the whole amount due to them by the
debtor, with costs of suit, and shall be liable in like manner to pay all other credi-
tors; and if himself a creditoi', shall lose his debt, and be excluded from all distribu-
tion.
§ 37. Upon the final hearing of any petitioning debtors application, if no fraud
be established, and he shall have complied witii the provisions of this act, the court
shall grant him a certificate of final discharge, and exemption from arrest and
imprisonment for all contracts, debts, judgments and liabilities of whatsoever
nature, contracted or entered into before the application, which certificate shall be
attested under the seal of the court.
§ 38. If any such discharged debtor shall thereafter be arrested or imprisoned,
on any process served out on any judgment or decree obtained, or for any debt.
INTEREST. 333
damages or costs due, or upon any contract entered into before such application,
he shall be discharged upon application to any judge or justice of the peace, upon
view of such certificate.
§ 39. The court before whom such original process shall be returnable, shall
accept common appearance to the action without bail.
§ 40. The estate, property and effects of such debtor, at the time of his dis-
charge, and all which he shall thereafter acquire, shall be liable to execution for the
payment of debts contracted before and after such discharge.
App7'oved, March I4ih, 1835.
INTERES T.
An act regulating interest of money.
Sec, 1. When no rate of interest is agreed upon, six per cent the legal interest.
2. Special contract may Ije made for payment of interest, not to exceed ten per cent.
;?. Judgments and decrees sliall bear the same interest, if more tlian si.t per cent, that is borne by such
contracts; other judgments and decrees to bear six per cent.
4. If more than legal interest be contracted for, what facts and how the defendant may plead; proceed"
ings and eflect of, S;z.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. Creditors shall be allowed to receive interest at the rate of six per centum
per annum, when no other rate of interest is agreed upon, for all monies after they
become due by any instrument of the debtor in writing, ov money lent, or money
due on settlement of accounts, from the day of liquidating accounts and ascertain-
ing the balance; on money received for the use of another, and retained without
the owner's knowledge of the receipt; on money due and withheld by an unrea-
sonable and vexatious delay of payment or settlement of accounts; and on all other
money due or to become due, for the forbearance of payment whereof an express
promise to pay interest has been made.
§ 2. The parties may agree in writing for the payment of interest, not exceed-
ing ten per centum per annum, on money due or to become due upon any con-
tract.
§ 3. Interest shall be allowed on all money due by judgment at law, or decrees
in equity, from the day of rendering them until satisfaction be made by payment,
or sale of property; judgments and decrees for money, upon contracts bearing
more than six per cent, interest, shall bear the same interest borne by such con-
tracts, and all other judgments and decrees for money, shall bear si^ per centum
per annum until satisfaction made as aforesaid.
§ 4. No person shall, directly or indirectly, take for the use or loan of money
or other commodity, above the rates aforesaid, for the forbearance or use of one
hundred dollars, or the value thereof, for one year; and if any person shall, directly
or indirectly, receive any obligation, promise, money or other commodity, as a pre-
334 JAILS AND JAILORS.
mium of reward, or by any other name, to the end of obtaining any higher rate of
interest than before provided, on any contract which shall hereafter be made, and
shall institute a suit upon such contract, it shall be lawful for the defendant in the
suit to set forth the special facts in pleading, as a bar of so much of the real sum
of money, or price of the commodity, actually due, lent, advanced or sold, as shall
be the amount of such premium, reward or sum so received or secured, above the
rates aforesaid; and if the plea of the defendant be sustained, the plaintiff shall
recover no more than the remainder of the amount really due, after deducting such
premium, or excessive reward or interest, without allowing any interest on the
principal; and if the premium, or usurious interest and costs, exceed the principal
or real sum of money, or price of the commodity actually due, lent, advanced or
sold, the excess shall be deemed a debt of record, upon which the defendant mayi
on motion, have judgment.
Approved^ December lU//, 1834.
JAILS AND JAILORS.
An act concerning jails and jailors.
'Bec. 1. Jail to be kept in good and sufficient repair at the county seat of each county.
^. Sheriff to have the custody and lieeping of the jail; may appoint a jailor; liable for his acts.
3. Sheriff and jailor to receive prisoners and persons committed to jail; refusal deemed a misdemeanor, punichable
by fine.
4. Debtors and criminals to be confined in different rooms, if practicable.
5. Female prisoners to be kept separate and apart from male prisoners.
6. Convicts to pay expenses of commitment and support in prison; property bound therefor from the time of eom-
mitment; may be sold by order of court.
7. Prisoners detained for fine and costs only, may be discharged; how.
8. Before his discharge, he shall take the oath of an insolvent debtor; proceedings tliereon.
9. Poor prisoners in criminal cases, how provided for.
10. Expenses of criminal prisoners before and after conviction, how to be paid.
11. Prisoners, (except convictions for felonies,) to have certain liberties.
12. Grand juries to examine jails and make report thereof at each term of the court-
13. Duty of the circuit court at each term, to inquire and see that criminals are humanely treated.
14. Prisoner for debt to be maintained by plaintiff, if unable to maintain himself.
15. If the plaintiff refuse to pay for maintenance, sheriff may discharge the prisoner; when.
16. Plaintiff may recover amount of fees paid for maintenance from defendant; when and how.
17. Keepers of jail to receive prisoners committed under authority of United States.
18. Liability of jailors on failure of duty in case of United States prisoners.
19. United States to pay for use of jails, jailor's fees, &c.
20 Duty of the sheriff when jail is out of repaii; duty of the court in such case; allowance may be made by th«
court for deputy jailor; when.
21. Such depiAv to be appointed by the sheriff, and removeable by him at pleasure
22. Guard may be tuiploycd to guard prisoners if jail is insufficient; when, how, &c.
23- Expenses of said guai^s, how audited and paid.
24. If there is no jail, or insufiv-jent one, prisoner may be committed to the jail of some other county.
25. Prisoner committed to jail of a different county, notice to be given to the judge ; to be removed for trial by
habeas corpus.
28. Sheriff or keeper of the jail to obey the writ of habeas corpus.
27. Sheriff or keeper failing to obey the writ, punishable as for contempt ; to be fined, and liable to the prisoner for
damages.
JAILB AND JAILORS. 335
flsc. 28k Sheriff or keeper of the Jail, may also be removed from office at the discretion of the court.
29. Fees of sheriff for committing prisoner or esecutlng writ of habeas corpus.
30. Trisoners committed from another county, how expenses paid.
81. Sheriff may be imprisoned in the jail of his own county.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. There shall be kept and maintained in good arid sufficient condition and
repair, a common jail in each county within this state, to be located at the perma-
nent seat of justice for such county.
§ 2. The sheriff of each county in this state shall have the custody, rule, keep-
ing and charge of the jail within his county, and of all prisoners in such jail, and
may appoint a jailor under him, for whose conduct he shall be responsible.
§ 3. It shall be the duty of the sheriff and jailor to receive from constables and
other officers, all persons who shall be apprehended by such constables or other
officers, for offences against this state, or who shall be committed to such jail by
any competent authority; and if any sheriff or jailor shall refuse to receive any
such person or persons, he shall be adjudged guilty of a misdemeanor, and, on con-
viction, shall be fined at the discretion of the court.
^ 4. It shall not be lawful for any sheriff or jailor to confine or keep debtors oi'
criminals together in the same room, but they shall be confined and kept separate
and apart from each other, in distant rooms, when practicable.
§ 5. Female prisoners shall in like manner be confined and kept in apartments
Separate and apart from male prisoners.
§ 6. Every person who shall be committed to the common jail within any county
in this state, by lawful authority, for any offence or misdemeanor, if he shall be
convicted thereof, shall bear the expense of carrying him or her to the said jail,
and also of his or her support while in jail, before he or she shall be discharged;
and the property of such person shall be subjected to the payment of such expen-
ses, and shall be bound therefor, from the time of his commitment, and may be
levied on and sold, from time to tmie, under the order of the circuit court, to satisfy
such expenses.
§ 7. The attorney prosecuting for and on behalf of the state in such county,
may, by and with the advice and consent of the circuit court, discharge from im-
prisonment any person convicted of an offence below the grade of felony, and
holden only for the payment of fine and costs, who hath no property or means of
satisfying the same.
§ 8. Before any such person shall be discharged, he shall take the oath, and sur-
render his property and effects, as required by law in the case of insolvent debt-
or^; and the property and effects which may be surrendered, shall be first applied
to the payment of the fine and costs for which he was imprisoned.
§ 9. Whenever any person, committed to jail upon any criminal process under
any law of this state, shall declare on oath that he is unable to buy or procure ne-
cessary food, the sheriff or jailor shall provide such prisoner with food, for which
he shall be allowed a reasonable compensation, to be fixed by law; and if from the
inclemency of the season, the sickness of the prisoner, or other cause, the sheriflf
336 JAILS AND JAILORS.
shall be of opinion that fuel, additional clothes or bedding,-are necessary for such
prisoner, he shall furnish the same, for which he shall be allowed a reasonable com-
pensation.
§ 10. The expenses of imprisonment of any ci'iminal prisoner, such as accruiS^
before conviction, shall be paid in the same manner as the other costs of prosecu"
tion are directed to be paid, and those which accrue after conviction, shall be paid
as is directed by the act regulating criminal proceedings.
§ 11. Every sheriff and jailor, and other person or persons whatsoever, to whose
custody or keeping any person or persons shall be committed by virtue of any
writ or process, or for any criminal offence, except on conviction for felony, shall
permit and suffer him, her or them so committed, at his, her or their will and
pleasure, to send for and have any necessary drink or food, from what place, and
whom they please, and also to have and use such bedding, linen and other things,
as he, she or they shall think fit, without detaining the same, or any part thereof,
or enforcing or requiring him, her or them to pay for the having or using thereof,
or putting any manner of restraint or difficulty upon him^ her or them in using
thereof, or relating thereto.
§ 12 It shall be the duty of the grand jury at each term, or a committee to con-
sist of at least three members thereof, to visit the jail of their county, and examine
the condition thereof, and enquire into the treatment of the prisoners and make
i-eport thereof to the court.
§ 13. It is hereby made the special duty of the circuit court, at each term, to
enquire and see that all prisoners, civil and criminal, are humanely treated.
§ 14. When any person is confined in jail on execution or mesne process, or on
Surrender by his bail in any civil suit, and property or nroney of the person im-
prisoned cannot be found sufficient to pay for his maintennnce, the plaintiff, at whose
suit such person may be imprisoned, shall pay for his maintenance at the rate of
twenty-five cents per day, to be paid to the sheriff or jailor, to furnish such prisoner
with provisions, to the full amount thereof.
§ 15. In case the said plaintiff shall refuse, by himself, agent or attorney, to pay
the money as aforesaid, and shall be in arrear for two weeks, the sheriff or jailor
may discharge the prisoner, and recover the same, together with his costs, before
any justice of the peace having jurisdiction thereof, in the same manner as other
debts are collected before a justice of the peace.
§ 16. The plaintiff shall always be entitled to recover from the debtor in an
action of debt, or on promise, the fall amount of such money he may have paid
for his maintenance, out of any property that he may thereafter possess.
§ 17. It shall be the duty of the keeper of the jail in every county within this
state, to receive into his custody any prisoner or prisoners who may be, from time
to time, committed to his charge, under the authority of the United States, and to
safely keep every such prisoner or prisoners, according to the warrant or precept
of such commitment, until he or they shall be discharged by due course of laws of
the United States.
§ 18. The keeper of every jail aforesaid, shall be subject to the same pains andl
JAILS AND JAILORS. 337
penalties, for any neglect or failure of duty herein, as he would be subject to by the
laws of this state for the like neglect or failure in the case of a prisoner committed
under the authority of the said laws.
§ 19. The United States shall pay for the use and keeping of such jails, at the
rate of one dollar per month for each person that shall, under their authority, be
committed thereto, and also to the jailor such fees as he would be entitled to for
like services rendered in virtue of the existing laws of this state, during the time
such prisoner shall be therein confined, and shall support such of said prisoners as
shall be committed for offences.
§ 20. Whenever the sheriff of any county in this state shall be of opinion that
the jail of his county is insufficient to secure the prisoners that shall be confined
therein, it shall be his duty to give notice thereof to the county court, and the said
court, if they cannot immediately repair the same, may, if they deem it expedient,
allow any sum not exceeding one hundred and fifty dollars per annum for the pay
of a deputy jailor.
§ 21. Such deputy shall be appointed by the sheriffs, and shall be under their
sole direction, and be removable by them at pleasure.
§ 22. Whenever any sheriff shall have in his custody any person or persons
charged with any felony of this state, and the jail of his county shall be insufficient?
or if there shall be no jail in his county, he may, with the sanction of any of the
judges of the circuit, or any two justices of the county court of his county, em-
ploy a guard sufficient for the guarding and safe keeping of such prisoner or pris-
oners in his own county; the said guard not to exceed, however, in any instance,
more than three persons.
§ 23. The expenses of said guard to be audited and paid as other county ex-
penses.
{ 24. It shall be lawful for the sheriff of any county of this state, when there
shall happen to be no jail, or where the jail of such county shall be insufficient, to
commit any person or persons in his custody, either on civil or criminal process, to
the nearest jail of some other county; and it is hereby made the duty of the sheriff
or keeper of the jail of said county, to i^eceive such person or persons so com-
mitted as aforesaid, and him, her or them safely keep, subject to the order or orders
of the circuit judge' for the county from whence said prisoner was brought.
§ 25. It shall be the duty of the sheriff, so committing any person or persons as
aforesaid for any criminal offence, forthwith to notify the circuit judge for the cir-
cuit where such person or persons so committed is or are to be tried, of the com-
mitting of such person or persons to the jail of such other county, and transmit,
at the same time, to such circuit judge, a copy of the day and cause of the caption
and detention of such person or persons; whereupon it shall be the duty of such
circuit judge, within fifteen days next preceding the first day of the circuit court of
the county where such person or persons is or ai'e to be tried, to issue a writ or
writs of habeas corpus, directed to the sheriff" or keeper of the jail of the county
where such person or persons is or are committed, commanding him or them to
have the body or bodies of such person or persons thus committed, together with
44
338 JUDGMENTS AND DECREES.
the day and cause of his, her or their caption and detention, before the circuit
court of the said county for the trial of such offences, on the first day of the next
term of the said court.
§ 26. It shall be the duty of the said sheriff or keeper of the jail, to bring, or
cause to be brought, the said person or persons thus committed as aforesaid, on the
day and at the place mentioned in the said writ.
§ 27. Any sheriff or keeper of the jail as aforesaid, failing or neglecting to make
return as aforesaid, and to bring the body or bodies of such person or persons ac-
cording to the command in the said writ, shall be deemed guilty of a contempt to
the said court, and shall be liable to be attached and be committed to the jail of the
county, there to remain, without bail or mainprize, until he snail obey said writ;
and shall, moreover, forfeit to the prisoner or party grieved, a sum not exceeding
five hundred dollars, to be apportioned according to the nature, aggravation, and
circumstances of the case, and the injury which th.e party aggrieved may sustain
thereby, to be recovered by the prisoner or party grieved, his executors or admin-
istrators, in an action on the case, founded upon this statute.
§ 28. The said sheriff or keeper of the ja.l may, also, in the discretion of the
said court, be removed from office, and rendered incapaole of holding or executing
the same thereafter.
5 29. The sheriff, for committing any prisoner as aforesaid, or for executing any
writ of habeas corjms under this act, shall be entitled to the like fees as are provided
by law for similar services.
$ 30. In all cases where a person is committed from another county, for a crim-
inal offence under this act, such county, or the prisoner, or the state, shall pay the
expenses in the same manner as if the commitment had been in the county where
the offence was committed; and in civil suits, the plaintiff or defendant shall pay
the expenses in the same manner as if the imprisonment had ta,ken place in the
county where the suit was commenced.
5 31. The sheriff may be imprisoned in the jail of his own county, and, for the
time that he shall be confined, the coroner shall have the custody, rule, keeping and
charge of the said jail, and shall, by himself and his sureties, be answerable for the
faithful discharge of his duties in that office.
Approved^ February 26th, 1835.
JUDGMENTS AND DECREES.
An act regulating judgments and decrees.
S>c. 1. Lien of JudgmentB and decrees in the supreme court, extent of
2. Lien of judgments and decrees in ttie circuit and county courts, extent of.
3. Lien sball commence from tlie rendition of tlie judgment or decree, and continue for three years, lubjtct
to be revived-
4- Sale under junior judgment, sball pass tbe title, subject to prior liens.
S. Money arising fron sucli sale, bow applied.
A
JUDGMENTS AND DECREES. 339
BUo. 6. FlaintifT, or his legal representative, may euc out a sdre far.ias to revive Judgment or decree.
7. Scire facias upon vvliom to be served, how directed and executed.
8. If defendant cannot be found, order of publication to be made.
9. Tlie order shall be publislied in some newspaper; when and how.
10. Upon service or publication of the scire facias, tc, judgment or decree to be revived.
11. If one or more plaintiiTsdic, judgment survives, wlicn to the executor, &c., and when to the heir.
12. In each of tl.e preceding cases, how execution may be sued out.
13. If several defendants, and some die, judgment, &c., survives, and against whom.
14. How execution may be issued in each of tlie cases mentioned in the preceding section.
15. How such judgments or decrees may be revived.
16. Executions in such cases, liow they may be sued out.
17. Executor or administrator who is a party, die, &c., judgment, ^c, revived against the adminietratwr
de bonis non,
18. PJaSntiff receiving satisfaction, to acknowledge the same; in what manner.
19. Satisfaction may be entered \>y the plainlitT, his attorney of record, or agent.
20. If made before the court to be entered on the record; if in vacation, how to be done.
21.- If made by an agent, his authority to be filed with the clerk.
22. Acknowledgment so made, shall forever discharge the judgment or decree.
23. If a person receiving satisfaction refuses, after request, to acknowledge the same, on notice given, partjr
may apply to the court to have satisfaction entered.
24. Court may order satisfaction to be entered; effect of.
25. Costs attending the same by whom paid, and how recovered.
26. In recording judgments and decrees, margin to be left.
27. What entries to be made thereon by the clerk.
28. Docket of judgments and decrees to be kept by the clerk.
29. Clerk to enter therein all final judgments and decrees; when and how.
30. What facts such docket shall contain, and how entered and noted.
31. Penalty on the clerk for failing to comply with the provisions of the four preceding sections.
32. Decree for conveyance of land to be recorded in the recorder's ©.lice, i^c.
33. Construction of the term " real estate," as used by this act.
Be it enacted by the general assembly of the state of Missouri^ as follows t
§ 1. Judgments and decrees obtained in the supreme court, shall, upon the filing
of a transcript thereof in the circuit court of any count}'' in the judicial district
for which the court is held, be a lien on the real estate of the person against whom
such judgment or decree is rendered, situate in the county in which such transcript
is filed.
§ 2. Judgments and decrees rendered by the circuit and county courts shall be
alien on the real estate of the person against whom they are rendered, situate in
the county for which the court is held.
§ 3. Liens shall commence on the day of the rendition of the judgment or
decree, and shall continue for three years, subject to be revived as hereinafter
provided.
} 4. The sale of lands under a junior judgment, shall pass the title of the defend-
subject to the lien of all prior judgments or decrees then in force.
5 5. The money arising from such sale shall be applied to the payment of the
judgment under which it may have been made.
§ 6. The plaintiff, or his legal representative, may, at any time before the expira-
tion of the lien, sue out a scire facias to revive the same.
§ 7. The scire facias shall be served on the defendant or his legal representatives,
terre-tenants or other person occupying the land, and may be directed to, and
executed in, any county in this state.
340 JUDGMEx\TS AND DECREES.
§8. If the defendant cauiioi be found, the court may make an order, setting forth
briefly the nature of the case, and requiring all persons interested to shew cause
why such judgment or decree should not be revived, and the lien continued, on or
before the third day of the next term of such court.
§ 9. The order shall be published in some newspaper printed in this state, for three
weeks, the last insertion to be two weeks before the commencement of the term
at which the parties are required to appear.
§ 10. If upon service or publication of the scire facias, the defendant, or any of
his creditors, donotappear and shew cause against reviving the judgment or decree,
the same shall be revived, and the lien continued for another period of two years,
and so on, from time to time, as often as may be necessary.
5 n* If one or more plaintiffs in a judgment or decree shall die, before the same
is satisfied or carried into effect, the judgment or decree, if for money, or concern-
ing personal property, shall survive to the executors or administrators pi such
deceased party, and if concerning real estate, to his or their heirs or devisees.
§ 12. In each of the preceding cases, execution may be sued out in the name of
the surviving plaintiff or plaintiffs, for the benefit of himself or themselves, and the
legal representatives of the deceased party; or the judgment or decree may be
revived in the name of such legal representatives and surviving plaintiffs, and
execution sued out by them jointly.
§ 13. Where there are several defendants in a judgment or decree, and some
of them die before the same is satisfied or carried into effect, the judgment or decree,
if for m.oney or personal property, shall survive against the executors or adminis-
trators of such deceased party; and if concerning real estate, against his heirs or
devisees.
§ 14. In each of the cases mentioned in the preceding section, execution may be
issued in the name of the surviving plaintiff or plaintiffs, for the benefit of himself
or themselves, and the legal representatives of any deceased plaintiff or plaintiffs,
or in the name of the surviving plaintiff or plaintiffs, and the representativesof any
deceased plaintiff or plaintiffs, against any surviving defendant or defendants.
§ 15. Such judgment or decree may be revived against the representatives of
any or all such deceased defendants, by scire facias, in the name of the surviving
plaintiff, and the representatives of such as are deceased.
§ 16. Executions may be sued out against the surviving defendant or defendants
and the representatives of such deceased defendants, or such of them as are made
parties jointly.
§ 17. If an executor or administrator be plaintiff or defendant in a judgment or
decree, and shall die, resign or be dismissed before the same is satisfied or carried
into effect, the judgment or decree may be revived by or against the administrator,
de bonis noil, in manner aforesaid.
{18. When any judgment or decree is satisfied otherwise tlian by execution,
the party in whose favor the same was rendered shall, immediately thereafter, enter
an acknowledgment of satisfaction thereof in the court where the same was
obtained, or before the clerk of such court in vacation.
JUDGMENTS AND DECREES. 34 1 '
f 19. Satisfaction may be entered by the plaintiff in person, by his attorney of
record, or by his agent, duly authorized in writing, under the hand and seal of the
plaintiff.
§ 20. If the acknowledgment is made in court, it shall be entered of record;
if made before the clerk in vacation it shall be entered on the minutes, signed by
the party making it, and attested by the clerk.
$ 21. When made by an agent, his authority shall be filed in the office of the clerk
of the court where the acknowledgment is made.
§ 22. The acknowledgment so made, shall forever discharge and release the
judgment or decree.
§ 23. If a person receiving satisfaction of a judgment or decree, shall refuse,
within a reasonable time after request of the party interested therein, to acknowl-
edge satisfaction on the record, or cause the same to be done, in the manner pointed
out by this act, the person so interested may, on notice given, apply to the court
to have the same done-
{ 24. The court may thereupon order the satisfaction to be entered by the clerk,
with the like effect as if acknowledged as aforesaid.
{ 25. The costs attending the same shall be recovered of the party refusing, by
execution, as in other cases.
} 26. The clerks of courts of record, in recording judgments or decrees, shall
leave a space or margin on the record, for entering a memorandum of the satisfac-
tion or setting aside of such judgment or decree.
§ 27. When satisfaction of a judgment or decree shall be acknowledged, or enter-
ed by order of the court, or satisfaction shall be made by execution, or such judg-
ment or decree shall be set aside, the clerk shall enter upon the margin of the
judgment or decree, a memorandum of the disposition thereof, the date, the book
and page in which the evidence is entered or recorded.
5 28. The clerks of courts of record shall keep in their several offices, a well
bound book, for entering therein an alphabetical docket of all judgments and
decrees.
§ 29. They shall, during every term, or within thirty days thereafter, enter in
such docket all final judgments and decrees rendered at such term, in alphabetical
order, by the name of the person against whom the judgment or decree was entered,
§ 30. Such docket shall contain, in columns ruled for that purpose, 1. The name
of the parties. 2. The date. 3. The nature of the judgment or decree. 4. The
amount of the debt, damages and costs. 5. The book and page in which it is
entered. 6. A blank column for entering a note of the satisfaction or other dispo-
sition thereof.
} 31. Any clerk tailing to comply with the provisions of the four preceding
sections, shall forfeit and pay any sum not exceeding one hundred dollars, at the*
discretion of the court of which he is clerk, for the use of the county.
§ 32. In all cases where any court of chancery shall decree a conveyance of
real estate, or that any real estate pass, the party in whose favor the decree is
established, shall cause a copy thereof to be recorded in the office of the recorder
342 JURORS.
of the county wherein the lands passed or to be conveyed lie, within one year
after such decree or conveyancs is mads; and if such decree be not sorecorded,
it shall be void as to al! subsequent purchasers, without notice.
} 33. The terms "real estate," as used in this act, shall be construed to include
all estate and interest in lands, tenements and hereditaments, liable to be sold upon
execution.
Approved, March 19th, 1835.
JURORS.
An act concerning grand and petit Jurors,
B«C. 1. Courts may direct jurors to be summoned.
2. Qualification of grand jurors.
3. Grand jurors to be summoned six days before tlie term ; how and by whom summoned.
4. Non-attendance of grand juror after lie is qualified, others to be sworn.
5. Grand juror may be indicted by the jury of which he is a member; proceedings.
6. Qualification of petit jurors.
7. Grand or petit juror, when he may be challenged and discharged for want of qualification.
8. Exception not to be allowed after the jury are sworn.
9. Who exempt- from serving.
10. Service to be equalized; persons of ill-fame, &c., to be avoided ; "grand juror not to serve on petit Jury at
the same term.
11. Penalty for non-attendance, unless a satisfactory excuse be offered.
12. Penalty on officers receiving reward to excuse any person from service.
13. Peremptory challenge allowed; eighteen jurors to he returned, if required.
14. Court has power to order a special jury; duty of the sheriT, and right of the parties in such case.
15. When and under what circumstances elisor to be appointed by the court ; his duties and compensation..
Be it enacted by the general assembly of the state of Missouri, as follows:
5 1. All courts before whom juries are required, may order the sheriff or other
officer to summon a sufficient number of jurors.
§ 2. Every grand juror shall be a citizen of the state, resident in the county,
over twenty-one years of age, be a house-holder or freeholder, and otherwise Quali-
fied.
} 3. Every grand juror shall be summoned by the civil officer, either personally,
or by a writing left at the dwelling of such juror, six days before the first day of
the court.
§ 4 In case of the non-attendance of any grand juror, after he shall have been
qualified, the court may cause another to be sworn.
§ 5. Any grand juror may be indicted or presented by the grand jury of which
he is a member; but when any complaint shall be lodged against any grand juror,
the foreman shall inform the prosecuting attorney of the same, and if on examina-
tion there are grounds for proceeding against such juror, he shall inform the court
thereof, and the court shall discharge the juror and cause another to be sworn, if
necessary.
JURORS.
343
§ 6. Every petit juror shall be a free white male citizen of this state, resident in
the county, above the age of twenty-one years, and not otherwise disqualified.
§ 7. If any person be summoned as a grand or petit juror, who is not qualified
as required by law, he may be challenged and discharged, upon such challenge be-
ing verified according to law, or by his own oath.
{ 8. No exception against any juror, on account of his citizenship, non-residence,
state or age, or other legal disability, shall be allowed after the jury are sworn.
§ 9. No person exercising the functions of a clergyman, practitioner of physic,
attorney at law, clerk or other officer of a court, ferry- keeper, overseer of a road,
constable, or judge of any court of record, or any person above the age of sixty-
five years, shall be compelled to serve on a jury.
§ 10. Service on juries shall be equalized, as nearly as practicable, among the
citizens liable to be summoned on juries; and all officers shall avoid persons of ill
fame, or those who are under the undue influence of either party, and grand jurors
shall not be compelled to serve on a petit jury during tlie same term.
§ 11. If any person, summoned as a grand or petit juror, fail to attend, he shall
be fined not exceeding ten dollars, unless a satisfactory excuse be offered.
§ 12. If any civil officer, directly or indirectly, take, accept or receive any mo-
ney, reward or other thing, to excuse any person from serving or being returned
to serve on any jury, or under that pretence, he shall forfeit one hundred dollars for
every such offence, one half to the state, and the other half to the party suing for
the same, to be recovered with costs, by an action of debt, in any court havmg cog-
nizance thereof.
§ 13. In all civil and criminal trials by jury, either party- may challenge, peremp-
torily, three jurors, and either party may require the officer to return eighteen in
the first instance.
§ 14. The court shall have power to order a special jury for the trial of any
civil cause; in such case the sheriff"shall summon eighteen jurors, according to the
order of the court, and make out and deliver to each party or his attorney, a list
of the jury so summoned, and each party shall have the right to strike off three of
the names on such list.
§ 15. If any party to a cause, his attorney or agent, shall make affidavit that he
fears said party will not have a fair and impartial jury to try said cause, on account
that the sheriff and coroner are personally unfriendly to, or prejudiced against, the
said party, or his attorney in said cause, it shall and may be lawful for the court
before which such cause is pending, to appoint some disinterested and impartial
person, who shall act as elisor, and proceed to summon a fair and impartial jury, for
which service he shall receive the same compensation as now is, or hereafter shall
be, allowed to sheriffs for summoning special juries.
Approved^ March 11 ih, 1835.
344 JUSTICE OF THE PEACE.
JUSTICE OF THE PEACE.
An act to provide for the election of justices of the peace, and to prescribe their
powers and duties,
Sbc. 1. Not exceeding four to be elected in each township, except, &;c.
2. Clerk of a circuit court, or his deputy, not eligibie.
3. Justice in office, to remain till his commission expire, and liis successor elected and qualified.
4. Vacancies to be filled by election ; by whom ordered, &c.
5. Who elisiulc to the office of justice of the peace.
6. By whom commissioned, and the tenure of their offices.
7. In the order for lioldiiig an election, time and place, and vacancy to be filled, to bo specified.
8. Order and notice of election to be put up in tlie township; wben and how.
9. Elections, how conducted ; returns of, how made.
10. In case of a tie or contested election, how decided.
11- Duty of the county court when tliey ascertain who are elected; certificate of election, how made out, to bo
delivered, tc.
12. Clerk to endorse on the back of certificate, that the same to he void if the justice do not qualify, Uc.
13. Justice to qualify, and take oath, within twenty days, &c.; form of the cath.
14. Certificate and oath to be recorded ; wlien and where ; what deemed an acceptance and what a refusal of th«
ofiice.
15. Clerk to certify to the governor the acceptance of commission by the justice ; when.
16. When a township is divided, efi'ect of, on justice of the original, who falls in the new township.
17. In what cases justices have power and jurisdiction throughout the'/ counties.
18. Failing to give security if required, under the preceding section, may be committed.
19. Recognizance taken for keeping the peace, or good behavior, to be certified to court.
20. Justice not to act as such until liis commission has been recorded.
21. Penalty for acting in violation of the preceding section ; and all acts void.
22. Cases in which a justice may punish as for contempt.
23. Punishment as for contempt ; what it shall be.
24. Not to be punished until the party is heard in his defence ; warrant may issue, &c.
25- Kecord of proceeding on conviction for contempt, to be made up ; how.
26. Warrant of commitment for contempt ; what facts to contain.
27. Power of justices to grant subpoenas for witnesses to the circuit or county court. Sec.
28. Also for witnesses before referees, arbitrators, and taking depositions.
29. Convicted of infamous crimes, shall be removed from office.
30. Resignation ; how made and addressed.
31. Resigning, or other disqualification, docket papers, &c., to be delivered to the clerk.
32. Clerk to give person delivering the same a receipt, and the same to be delivered to some other Justice of th»
township.
Be it enacted by the general assembly of the state of Missouri, as follows,
§ 1. Each municipal township in this state shall be entitled to four justices of
the peace, (except when an additional number is allowed by law,) to be elected and
commissioned in the manner hereinafter provided.
§ 2. No clerk of the circuit court, or his deputy, shall hold or exercise the office
of justice of the peace.
5 3. Each justice of the peace now in office, shall continue to act as such until
the expiration of his commission, and until his successor shall be duly elected and
qualified.
§ 4. Whenever a vacancy shall occur in the office of justice of the peace, the
same shall be filled by election, and to that effi2ct the county court, or the clerk
thereof in vacation, shall immediately order an election to be held by the township
in which such vacancy shall have occurred, for the purpose of filling the same.
JUSTICE OF THE PEACE. ' 345
J 5. No person shall be eligible to the office of justice of the peace, who is not
a citizen of the United States, who shall not have been an inhabitant of this state
twelve months, and of the township for which he is chosen six months next before
his election, if such township shall have been so long established; but if not, then
of the township from which the same shall have been taken.
§ 6. Justices of the peace are to be commissioned by the county court, and
shall hold their offices for four years, and until their successors are elected and
qualified.
§ 7. The court or clerk, when making an order for an election, shall specify the
time and place of holding the same, and what vacancy is to be filled.
§ 8. The court shall cause such order to be put up, at least fifteen days before the
election, in three public places in the township, together with a notice requiring
the qualified voters of such township to attend at the time and place mentioned,
and vote for some person to fill the vacancy.
§ 9. The election of justices of the peace, shall in all, respects, be conducted as
other elections, and the returns made as for other state officers.'
§ 10. Whenever two or more persons shall have an equal number of votes for
justice of the peace for any township, or there is a contested election, the county
court shall decide the same.
§ 1 1. The county courts, as soon as they ascertain who are elected to act as jus-
tices of the peace in their respective counties, shall cause certificates thereof to be
made out, and," under the seal of the court, signed by the president, and witnessed
by the clerk, who shall immediately cause the same to be delivered to the persons
entitled thereto.
§ 12. The clerk shall endorse on the back of every certificate that the person,
for whom it is intended, shall qualify according to law, within twenty days after the
receipt of the same, arid in default thereof such certificate shall be void.
§ 13. Every justice of the peace, shall, within twenty days after the receipt of
his certificate of election, take an oath to support the constitution of the United
States, and of this state, and faithfully demean himself in office.
{ 14. Every person who receives a certificate of election as a justice of the
peace, shall, within thirty days thereafter, and before entering upon the discharge
of his duties, cause the same, together with the oath required by this act endorsed
thereon, to be recorded in the office of the clerk of the county court, which shall
be deemed an acceptance of such appointment; and in case of his failing so to do,
it shall be deemed a refusal thereof.
} 15. The clerk of the county court, when he records the certificate of election
of any justice of the peace, in the manner pointed out by this act, shall certify to
the governor the acceptance of such commission.
§ 16. When a township shall be divided, and any justice of the peace of the
original township shall fall into the new township, he shall continue to discharge
the duties of justice of the peac(5, until hrs commission expire, as if the township
had not been divided.
45
346 • JUSTICE OF THE PEACE.
^17. Justices of the peace shaH have power and jurisdiction throughoat their
respective counties, as follows:
Firsts Jointly and severally, to cause to be kept, all laws made for the preserva-
tion of the peace.
Second, To cause to come before them, or any of them, persons who break
the peace, and commit them to jail, or bail them, as the case may re-
quire.
Third, To arrest and cause to come before them, persons who attempt to break
the peace, or who are not of good fame, and compel them to give se-
curity for their good behavior, or to keep the peace, or both.
} 18. If such persons refuse to give security, they shall be committed to prison
until they find the same.
§ 19. Every recognizan<:e so taken for the keeping of the peace, or for good be-
havior, shall be certified to the next circuit court of the county.
^ 20. No person commissioned as justice of the peace, shall, under any pretence
whatever, be permitted to act as justice of the peace, until his commission shall
have been recorded.
§ 21. Any person- who shall act in violation of the preceding sectiony^ shall, upon
conviction thereof, by indictment, be fined in any sum not exceeding one hundred
dollars, and all acts done by him shall be null and void.
§ 22. In the following cases, and in no others, a justice of the peace may punish
as for contempt, persons guilty of the following acts:
Fir sty Disorderly, contemptuous, insolent behavior towards such justice^-whilst
engaged in the trial of a cause, or in rendering judgment, or in any
judicial proceeding, which shall tend to inteiTupt such proceeding,
or to impair the respect due to his authority.
Second, Any breach of the peace, noise or other disturbance, tending to inter-
rupt the official proceedings of such justice.
Third, Resistance, unlawfully oflered to any person, in the presence of the
justice, to the execution of any lawful order or process, made or
issued by him.
§ 23i Punishments for contempts in the foregoing cases may be by fine, not ex*
ceeding twenty dollars, or by imprisonment irt the county jail not exceeding two-
days, at the discretion of the justice; but no person shall remain in- prison for the
non-payment of a fine.
§ 24. No person shall be punished for a contempt, before a justice of the peace,
until an opportunity shall have been given' him to be heard in his defence, and for
that purpose the justice may issue a warrant to bring the offender before him.
§ 25. Upon the conviction of any person for a contempt, the justice shall make
up a record of the proceedings, on such conviction, stating therein the particular
circumstances of the offence, and the judgment rendered thereon.
§ 26. The warrant of commitment for any contempt, shall set forth the par-
ticular circumstances of the offence, or it shall be void.
§ 27. Justices of the peace are empowered to grant subpoenas for witnesses in
JUSTICES* COURTS. 347
all cases cognizable before the circuit or county courts, and in all cases cognizable
before justices of the peace.
§ 28. And in all matters submitted to referees and arbitrators, and in all cases
where it may be necessary for the taking depositions.
§ 29. Every justice of the peace who shall be convicted of bribery, perjury, or
any other infamous crime, or convicted of any wilful misdemeanor in office, by
indictment, shall be removed from oflice.
§■ 30. All resignations of justices of the peace shall be in writing, and addressed
to the county court, or the clerk thereof in vacation.
^ 31. Whenever a justice of the peace shall resign, move out of his township,
or be otherwise disqualified, he shall immediately thereafter deliver to the county
court or clerk thereof, all dockets, records, books, papers and documents, apper-
taining to his office, or relating to any suit, matter, or controversy, committed to
him in his official capacity.
5 32. The clerk of the county court shall give the person delivering him such
■docket and papers, a receipt therefor, and shall immediately thereafter cause the
same to be delivered to sonue justice of tlie peace of the township in which the
vacancy happened.
This act to take effect from and after the 4th July next.
Approwd, March QOth, 1835.
JUSTICES' COURTS.
An act to establish justices^ courts^ and to regulate proceedings therein,
ART. I. Of the jurisdiction of justices conrts.
ART. II. of the commencement of splits, and the service and retarn of process.
ART. III. Of the appearance and pleadings of the parties, and of adjouramenta.
ART. IV. Of witnesses and depositions.
ART. V. Of judgments of non-suit, and by defanlt, and of trials.
ART- VI. Of judgments and filing transcripts th£reof, and x)f the stay of executions.
ART. VII. Of executions and proceedings thereon.
ART. VIII. Of appeals and proceedings thereon in the circuit court-
ARTICLE I.
Of the jurisdiction of Justices coui-iSf
Sic. 1. Justice of the peace authorized to hold courts for the trial of actions in the two next eectiona enamerat«d.
2. Exclusive jurisdiction in civil cases.
3. Concurrent jurisdiction -with the circuit court In civil cases.
4. Suit in the circuit court, properly cognizable before justice, may have judgment, but shall pay cost.
5. Enumerated cases in which justice shall not have cognizance-
6. Justices' jurisdiction co-exteiisive with the county.
7. In what township, actions, either on summons or warrant, to be brought; if the defendant Is a non-resident, ^c,
where brought.
8. Actions by attachment, in what township brought,
9. Several defendants, jointly liable, residing in different townships, how the suit may b« brought; tuft on attaeb-
ment and property in different townships, how it may issue.
W- Where (here is no justice, or all in the township inter«8ted, SfC., wbere and bow suit to be brought.
348 JUSTICES' COURTS.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Every justice of the peace is authorized to hold a court for the trial of all
actions in the two next sections enumerated, and to hear, try, and determine the
same according to law and equity.
§ 2. Every justice of the peace shall have jurisdiction over the following actions
and proceedings:
First, Actions of debt, covenant and assumpsit, and all other actions founded
upon contract, when the debt or balance due, or damages claimed,
exclusive of interest, shall not exceed ninety dollars.
Second, Actions of trespass and trespass on the case, for injuries to persons or
to real or personal property, wherein the damages claimed shall not
exceed twenty dollars.
Third, All actions for any penalty not exceeding ninety dollars, given by any
statute of this state; and.
Fourth, To take and enter judgment on the confession of a defendant, where
the amount confessed shall not exceed the amount for which a
justice is authorized to render judgment in an action.
§ 3. Justices of the peace, and the circuit courts, shall have concurrent juris-
diction over the following actions:
First, All actions on bonds and notes, for the payment of any sum of money
exceeding ninety dollars, exclusive of interest, and not exceeding
one hundred and fifty dollars.
Second, All actions of trespass and trespass on the case, for injuries to persons,
or to personal or real property, wherein the (lamages claimed shall
exceed twenty and not exceed fifty dollars.
§ 4. If any suit, properly cognizable before a justice of the peace, be brought in
auy court of record, the plaintiff may recover judgment therein, but the costs of
such suit shall be adjudged against him.
$ 5. No justice of the peace shall have cognizance.
First, Of any action against any rightful executor or administrator, or any
corporation; nor,
$eeond, Of any action of detinue or replevin; nor.
Third, Of any action of slander, malicious prosecution or false imprisonment;
por.
Fourth, Of any action where the title to any lands or tenements shall come
in question, except an action of trespass.
§ 6. Every justice of the peace shall have jurisdiction co-extensive with the
county for which he shall be elected or appointed.
§ 7. Every action, cognizable before a justice of the peace, instituted by sum-
mons or warrant, shall be brought before some justice of the township, either.
First, Wherein the defendant resides; or,
Second, Wherein the plaintiff resides, and the defendant may be found; but
if the defendant in any action is a non-resident of the county, or
JUSTICES' COURTS. 349
has absconded from his usual place of abode, the action may be
brought before some justice of any township where lie may be
found.
{ «. Every action instituted by attachment, shall be brought before some justice
of the township wherein the property of the defendant may be found.
§ 9. If there are several persons jointly liable to a suit, residing in different
townships in the same county, the suit may be brought in any such township
against all such persons; and if any defendant in a suit instituted by attachment^
has property in several townships in the same county, such attachment may be
issued against the property of such defendant, wherever it may bo found in the
county.
§ 10. Whenever there shall be no justice within the township where any suit,
cognizable before a justice, ought to be brought, or, wherever all the justices of
such township are interested in any such suit, or otherwise disqualified by law from
trying the same, every such suit may be brought before some justice of any adjoin-
ing township in the same county.
ARTICLE II.
Of Ihe commencement of suits, and the service and return of process.
Sec. 1. Justice to appoint one day in each montii fertile return of summons, &c.
2. Justice to keep a docket ; what he shall enter therein.
3. Items enumerated in the preceding section, &c., to be entered in the docket; how and in what manner the entries
to be made; justice may make other entries; when, i^-c.
4. By ^'hat kind of process suits maybe commenced; voluntary appearance by agreement maybe entered.
5. Non-resident plaintiff to give security for costs, if required, or suit to be dismissed.
6. Instrument of writing upon which suit is brought, signed by the defendant, to be filed with the justice before
process issues.
7. If the instrument be alleged to be lost or destroyed, how plaintiff to bring suit.
8. Proceedings, if any lost instrument of writing be relied on in any suit or set-off.
9. In suits on account, bill of items to be filed before process issues.
10 Process to run in the name of "The State of Missouri," to be dated, &c., and signed by the justice.
11. In cases not specially provided for, process to be a summons; to what constable directed, and what it shall
command him to do.
12. The form of the summons.
13. Proceedings where plaintiff has a joint cause of action against several persons in different townships; summons,
how directed and serveti.
14. Service of summons, when and how executed.
15. Justice shall issue a warrant in a civil suit on affidavit of the plaintiff; when, &c.
16. To what constable warrant to be directed; shall command the constable to take the defendant, &c.
17. Form of the warrant.
18. How to be served, returned, i^c; wlien to be returned before another justice.
19. Defendant taken on warrant, how long he may be detained in custody.
20- Justice may deputize persons to serve process in certain cases; how to bo done; power, duty and fees of such
person.
21. After suit commenced, defendant pays debt and costs, suit to be discontinued; if prosecuted further, plaintiff to
pay all further costs.
22. Return of constable on process e-tecuted by him, how to be made.
23- Penalty on constable if he fail to execute and and return process, or make false return, &c.
350 JUSTICES' COURTS.
. § 1. Every justice of the peace shall appoint one day in each month for the
return of all summons by him issued, and every summons shall be made returnable
on such day, except in cases where it is otherwise specially provided.
§ 2. Every justice of the peace shall keep a docket, in which he shall enter,
Firsts The titles of all causes commenced before him.
Secondf The time when the first process w^as issued against the defendant, and
the particular nature thereof.
Third, The time when the parties appeared before him, either without process
or upon the return of process.
Fourth^ A brief statement of the nature of the plaintiff's demand, and the
amount claimed, and (if any set-off was pleaded,) a similar state-
ment of the nature of the set-off, and the amount claimed.
Fifth, Every adjournment, stating at whose request and at what time^
Sixth, The time when the trial was had, stating whether the same was by a
jury, or by the justice.
Seventh, The verdict of the jury, and when rendered..
Eighth, The judgment rendered by the justice, and the time of rendering the
same.
Ninth, The time of issuing execution, and the name of the officer to whom
delivered, and an account of tlie debt, damages and costs, as the same
was endorsed on the execution.
Tenth, The fact of an appeal having been made and allowed, and when made
and allowed.
5 3. The several items in the preceeding section enumerated, together with all
other entries specially required by this act to be made in the docket, shall be
entered under, or opposite to, the title of each cause to w^hich they respectively
relate, and in addition thereto, the justice may enter any other proceeding had
before him in the cause, which he shall think it useful to enter in such docket.
{ 4. Suits may be instituted before a justice, either by the voluntary appearance
and agreement of the parties, or by process; and the process for the institution of
a suit before a justice shall be either a summons, a warrant against the person,
or attachment against the property of the defendant.
§ 5. Whenever the plaintifi' is a non-resident of the county, the justice may
require of him security for the costs before the institution of the suit; and when-
ever a suit has been instituted by a non-resident of the county, the justice shall, on
the application of the defendant, and 7nay, without such application, order the
plaintiff to give security for the costs, and if the plaintiff' refuse to comply with
the order, the justice shall dismiss the suit.
§ 6. Whenever any suit shall be founded on any instrument of writing, purport-
ing to have been executed by the defendant, such instrument shall be filed with the
justice, before any process shall be issued in the suit.
§ 7. But if such instrument be alleged to be lost, or destroyed, it shall be sufficient
for the plaintiff to file with the justice, the affidavit of himself, or some other
JUSTICES' COURTS. 351
credible person, stating such loss or destruction, and setting forth the substance of
such instrument.
{ 8. If any suit, or set-off, be founded upon any lost or destroyed instrument of
writing, the party relying upon such lost or destroyed instrument, shall be required,
upon the trial or hearing of the cause, to prove such loss or destruction, either by
his own oath, or by other competent testimony; and if upon such trial or hearing,
it appears the same was intentionally put away or destroyed, the demand, or set-
off, founded on such instrument, shall be rejected.
§ 9. In every suit founded on an account, a bill of the items of such account shall
be filed with the justice, before any process shall be issued in the suit.
$ 10. All proces sissued by justices of the peace, shall run in the name of "The
state of Missouri," be dated on the day it is issued, and shall be signed by the justice
granting the same.
§ 11. In all cases not otherwise specially provided for, the process in all suits
shall be a summons, and every summons shall be directed to the constable of the
township in which the justice who granted the same resides, (except where it is
otherwise specially provided) and shall command him to summon the defendant to
appear before the justice Avho issued the same, at a time and place to be named in
the summons, not less than six nor more than forty days from the date thereof, to
answer the complaint of the plaintiff.
§ 12. The summons may be in the following form:
"The state of Missouri, to the constable of — — township, in county,
greeting: We command you to summon , to appear before the undersigned,
one of the justices of the peace of township, in county, ,on the
day of , 18 — , at ten of the clock in the forenoon, at , in the same
township, to answer the complaint of . Given under my hand, this day
of , 1 8 — . A. B. justice."
§ 13. If any plaintiff files with the justice the affidavit of himself or some other
credible person, stating that such plaintiff has a joint cause of action against several
persons, inserting their names therein, and that such persons reside in different
townships in the same county, specifying therein the township in which they respec-
tively reside, and that the plaintiff desires to bring a joint action against them, the
summons shall be directed to any constable of the township in which such
defendants are alleged to reside, and the direction of such summons may be in the
following form: "The state of Missouri, to any constable of the township of
and in the county of , greeting." Every summons so directed may be served
by any of the constables therein described, in all the townships to which such
summons is directed.
§ 14. Every summons shall be served at least fifteen days before the day of
appearance therein mentioned, on all sums in which the circuit court and justices
of the peace have concurrent jurisdiction, and six days where they have not, and
shall be executed, either.
First, By reading the same to the defendant; or.
Second, By delivering a copy thereof to the defendant; or^
352 JUSTICES' COURTS.
Thii'd, By leaving a copy of such summons at the usual place of abode of the
defendant, with some white person of the family above the age
of fifteen years.
{ 15. A justice of the peace shall issue a warrant in every case where he is
satisfied from the affidavit of the plaintiff^ or of any other person, that the plaintiff
has a subsisting and unsatisfied cause of action against the defendant, and that
the defendant is about to remove from the county, or to abscond from his usual
place of residence, or that the plaintiff will be in danger of losing his demand,
unless such warrant be granted.
§ 16. A w^arrant shall be directed to the constable of the township wherein the
justice resides, and shall command him to take the defendant, and bring him forth-
with before the justice who issued the same, at a place to be named in such
warrant, to answer the complaint of the plaintiff.
§ 17. The warrant may be in the following form:
"The state of Missouri, to the constable of township, in county,
greeting: We command you to take , and bring him forthwith before the
undersigned, one of the justices of township, in county, at , in the
same township, to answer the complaint of . Given under my hand this ^
day of ,18 — . A. B., justice."
§ 1 8. A warrant shall be served by arresting the defendant and taking him forth-
with before the justice who issued the same; if such justice be, on the return
thereof, absent, or unable to try the cause, or it be made to appear to the justice,
by the affidavit of the defendant, that such justice is a material witness for the
defendant in the cause, or is near of kin to the plaintiff in suit, stating therein in
what degree, the Constable shall forthwith take the defendant to the nearest justice
m the same township, who shall take cognizance of the cause, and proceed therein
as if the warrant had been issued by himself.
§ 19. When a defendant is brought before a justice on a warrant, he shall be
detained in the custody of the constable, until the justice shall direct his release;
but in no case shall the defendant be detained longer than six hours, from the time
he shall be brought before the justice, unless within that time the trial of the cause
be commenced, or unless it be delayed at the instance of the defendant.
§ 20. Every justice issuing any process authorized by this act, upon being
satisfied that such process will not be executed for want of an officer to be had in
time to execute the same, may empower any suitable person, not being a party to
the suit, to execute the same, by an endorsement upon such process to the follow.
ing effect: "At the request and risk of the plaintiff, I authorize to execute
and return this writ. E. F., justice of the peace;" and the person so empowered,
shall thereupon possess all the authority of a constable in relation to the execution
of such process, and shall be subject to the same obligations, and shall receive the
same fees for his services.
$ 21. If, at any time after the commencement of a suit, the defendant pay to the
constable the full amount of the claim, and the costs which have then accrued, the
JUSTICES' COURTS. 353
«uit shall be discontinued; or, if it be further prosecuted, the plaintiff shall pay all
costs that may accrue after such payment.
§ 22, Exrery constable serving any process authorized by this act, shall return
thereon in writing, the time and manner of the service, and shall sign his name to
such return.
j 23. If any constable fail to execute any process to him delivered, and make due
return thereof, unless for good cause, or make a false return, such constable, for
every such offence, shall pay to the party injured ten dollars, and all the damages
such party may have sustained by reason thereof, to be recovered in an action of
debt founded upon this statute,
ARTICLE III.
Of the appearance and pleadings of the parties^ and of adjournmmts.
C«c, 1. Plaintiff over 21 years of age may appear and conduct his suit by himself or agent.
2. Next friend to be appointed to bring suit for infant ; how appointed; liable for costs.
3- Defendants over 21 years of age may defend suits, cither in person or by agent.
4. After service and return of procees on infant defendant, guardian to be appointed; how, &c.
5. Guardian for defendant not liable for costs; consent of next friend and guardian to be filed with the justice.
6. Agents how appointed; tlieir authority may be verbal or written; how proved.
7. Summons returned duly served, justice to proceed to trial; W'len, &.c.
8. On the appearance of both parties before the justice, brief verbal statement of the nature of plaintiflf'a
demand may be required, S^c.
"Q. Defendant may, in all cas-!s, set-off demands against the plainti-f, except where the demand exceeda justice's
jurisdiction, or on instruments executed by the plainti.T, and assigned, &c.
10. To entitle defendant to set-off any demand, how he shall proceed.
11. If the instrument intended to be set-otf, be alleged to he lost or destroyed, how defendant to proceed.
12- Judgment, &c , how awarded, if defendant's set-o.T be less, or ei|ua!, or more than plaintiT's demand.
13. Judgment, ^c, how rendered against executors or administrators, if defendant's set-off exceeds their demand.
14. In trespass, if title to land is drawn in question, proceedings to be certified to the circuit court.
15. How to proceed in the cause in tlie circuit court; plaintiff's proof, defendant's plea.
16. When the justice may adjourn a cause; how long, &.C.; cause on warrant not to be adjourned; when.
17. When and how long justice may adjourn a cause on the application of either party, or by consent of both
parties.
18. Cause not to be adjourned on application of either party, unless upon affidavit, &c.; how and by whom made.
19. Adjournment to be made for a reasonable time at the cost of the applicant.
20. Suit on warrant adjourned by consent, or on application of the plaintiff, defendant to be discharged from custody
suit to proceed as on summons, i^-c.
21. If afljournedon application of defendant, to remain in custody, or give recognizance, &c.
22. Recognizance given on prior adjournment, new recognizance on subsequent adjournment need not be given
unless required by the justice, or bail on the first recognizance.
23. In what cases plaintiff may recover on suits brought on such recognizance.
\ 1. Any plaintiff in any suit, except persons under twenty-one years of age,
may appear and conduct his suit either in person, or by agent.
§ 2. No suit shall be instituted by an infant plaintiif, until a next friend for such
infant shall have been appointed. Whenever requested, the justice shall appoint
some suitable person, who will consent thereto in writing, to be named by such
plaintiff to act as his next friend in such suit, who shall be responsible for the costs
therein.
46
354 ' JUSTICES' COURTS.
§ 3. Every defendant in a suit, except persons under twenty-one yearsTjf age,
may appear and defend the same in person or by agent.
§ 4. After the service and return of process against an infant defendant, the
suit shall not be any further prosecuted, until a guardian for such defendant be
appointed; upon the request of such defendant, the justice shall appoint some per
son, who will consent thereto in writing, to be the guardian of the defendant in
the defence of the suit, and if the defendant shall not appear on the return day of
such process, or if he neglect or refuse to nominate such guardian, the justice may,
on the motion of the plaintiiT, appoint any discreet person as such guardian.
^ § 5. The consent of such nest friend or guardian shall be filed with the justice
—the guardian for the defendant shall not be liable for any costs in the suit.
5 6. A party authorized to appear by agent, may appoint any person to act as
suchacrent, and the authority of the agent may be either written or verbal, and
shall, in all cases where the justice requires proof, be proven either by the agent
himself, or other competent testimony, unless admitted by the opposite party.
{ 7. Upon the return of a summons duly served, the justice shall wait three hours
after the time specified in such writ for the appearance of the parties, unless they
shall sooner appear.
§ 8. When both parties first appear before the justice, either upon the return ot
process, or upon their voluntary appearance without process, the justice shall, on
the application of the defendant, and may without such application, require of the
plaintiff a brief verbal statement of the nature of his demand.
§ 9. A defendant may set-off any demand which he has against the plaintiff, m all
cases* where such set-off is allowed by the statute of this state regulating set-off,
except in the two following cases: ^
First, Where the demand to be set-off exceeds the jurisdiction of a justice s
court; or,
Second, Where it is founded upon an instrument of writing, executed by the
plaintiff and assigned to the defendant, and it shall not be made to
appear on the trial of the cause that the defendant had, before the
commencement of the suit, given the plaintiff notice of such assign-
ment.
5 10. To entitle a defendant to set-off any demand, he must give notice thereof
in court, either verbal or written, before the jury is sworn, or the trial submitted to
the justice; and when the set-off is founded upon an instrument of writing executed
by the plaintiff, or by his testator or intestate, or upon an account, he must, at the
time of giving such notice, file with the justice, such instrument, or a bill of the
items of such account.
§ 11. If such instrument be alleged to be lost or destroyed, it shall be sufficient
for the defendant, to file with the justice en affidavit similar to that required of a
plaintiff upon instituting a suit in a justice's court, on a lost or destroyed instrument
of writing.
§ 12. If the amount of the set-off, duly established, be equal to the plaintiff's debt,
judgment €hall be entered for the defendant wiUi costs; if it be less than the
JUSTICES' COURTS. 355
plaintiff's debt, the plaintiff shall have judgment for the residue only, v/ith costs-
and if it be more than the plaintiff's debt, the defendant shall have judgment for the
excess, with costs, and execution shall be awarded and be subject to the same
stay as upon a judgment in a suit brought by such defendant.
§ 13. Whenever a set-off is established in a suit brought by executors or admin-
istrators, exceeding the demand of the plaintiff, the judgment shall be against them
in their representative character, and shall be evidence of a debt established, but
no execution shall issue thereon.
§ 14. If in a suit for trespass upon any lands or tenements, the defendant, before
the jury is sworn, or the trial submitted to the justice, justify the trespass by a plea
of title, the justice shall immediately make an entry thereof in hisdocket, shall cease
all further proceedings in the case, and certify and return to the circuit court of the
same county, a transcript of all the entries made in his docket relating to the case
together with all the process and other papers relating to the suit and liled therein,
in the same manner and within the same time as upon an appeal.
§ 15. Upon the filing of the proceedings and papers in the office of the clerk, the
court shall become possessed of the cause and proceed therein to final jud'-mient as
upon an appeal; but upon the trial in such court, the plaintiff shall only be required to
prove himself entitled to, or in possession of, the lands or tenements, on which the
trespass is alleged to have been committed, and no other bar to the action shall be
pleaded by the defendant, except the plea of title,
§ 16. A justice of the peace, v/ithout the application or consent of either party,
may, if it be necessary, adjourn a cause, not exceeding forty days for any one ad-
joui'nment; but a justice shall in no case adjourn a cause commenced by warrant,
upon his own motion.
§ 17. A justice of the peace, on the application of either party, with good cause
shewn, may adjourn a cause not exceeding sixty days for any one adjournment
and may adjourn for a longer period, with the consent of both parties.
§ 18. No adjournment shall be allowed upon the application of a party, unless
such party satisfy the justice, by his own oath or affidavit, or the oath or affidavit
of some other person, that he cannot safely proceed to trial for want of some
material testimony or witness; that he has used due diligence to obtain the same
and that if an adjournment be allowed, he will be able to procure such testimony or
witness in time to be used upon the trial.
§ 19. Every such adjoui'nment shall be for such reasonable time as will enable
the party to procure such testimony or witness, not exceeding sixty days, and
shall be at the cost of the party applying therefor, unless otherwise ordered by
the justice.
§ 20. If a cause commenced by warrant be adjourned on the consent of both par-
ties, or on the application of the plaintiff, the defendant shall be discharged fromcus,
tody, but the cause shall not be discontinued by such discharge; and at the adjourned
day, the same proceedings shall be had as on the return of a summons duly served.
§ 21. But if such cause be adjourned upon the application of the defendant, he
shail continue, during the time of the adjournment, in the custody of the .constable,
356 JUSTICES' COURTS.
finless he shall enter into a recognizance before the justice, with such security a»
the justice approves, in a penalty sufficient to secure the plaintiff's demand and
costs, conditioned, that if judgment be given in the suit against him, and execution
be issued against his person, he Mil! render himself upon such execution before the
return day thereof; or, in default thei'eof, that he or his security will pay the
judgment so recovered.
§ 22. If any such recognizance shall have been given upon any prior judgment^
[adjournment] it shall ilot be necessary to enter into a new recognizance upon a
subsequent adjournment, unless such recognizance be required by the justice, or by
the bail of the defendant in such prior recognizance.
§ 23. In any suit brought upon such recognizance, the plaintiff shall not be
entitled to recover unless he shew an execution upon the judgment obtained in the
suit, in which such adjournment was had, duly issued within ten days after the
time when the same could have been issued against the person of the defendant^
and a return thereon that such defendant could not be found.
ARTICLE IV.
Of witnesses and depositions^
Sec 1.. gubpoena valid for witness in the county, or out of the county, if within 20 miles of the place of trisr.
2. Subpoena, how and by whom served.
3. Witness subpoenaed falls to attend, <5-c-, attachment, on oath of party, tc, may issue &c
4. Attachment, to whom issued; how executed; fees and costs on, by whom paid.
5. Penalty to the county on witness eubpceiiaed, who fails to attend; proceedings of the justice to judgment aac
execution thereon, to lie paid by co'istaMes into the county treasury.
6. Witness may appear and sliow cause against ti.e im;.osition of such tine; when. &c.
7. Witness in such case, also lialile to the party; wiio i;ad hiiu sunpoenaed, to all damages, &c.
8. Either party in a civil suit, t;y giving notice, may take depositions: liefore whom taken, &c .
9. Deposition not to be taken, unless notice of time and place of taking s-irae be given; when, how, *c>
10. Notice l;ow served, and upon whom: if the party reside oat of the county; how nolidcd.
11. Deposition how taken and certified; if taken out of the state, how certiSed.
12. Depositions taken under this act, to be read on all trials; when and under what circumstance*
§ A subpcEna, issued by a justice of the peace, shall be valid to compel the
attendance in a justice's court of a witness being in the same county where the
cause is to be tried; or being in an adjoining county, and within twenty miles of
the place of trial.
§ 2. A subpoena may be served either by a constable or by any other person,
and it shall be served by reading the same to the witness, "Tjr by delivering to him a
copy theieof.
5 3. Whenever it shall appear to the satisfaction of the justice, by proof made
before him, that any person duly subpoenaed to appear before him in a suit, shall
have failed, without just cause, to attend as a witness in conformity to such subpoena,
and the party in whose behalf such subpoena was issued, or his agent, shall make
oath that the testimony of such witness is material, the justice shall have power to
issue an attachment to compel the attendance of such witness.
{ 4. Every such attachment may be directed to any constable of the county in
which the justice resides, and shall be executed in the same manner as a warrant;
JUSTICES' COURTS. 357
and the fees of the officer for issuing and serving the same, shall be paid by the
person against whom the same shnll have been issued, unless he shew reasonable
cause, to the satisfaction of the justice, for his omission to attend, in which case the
party requiring such attachment shall pay all costs of such attachment and the
service of the same.
§ 5. Every person duly subpoenaed as a witness, who shall not appear, shall
forfeit for the use of the county in which he is subpoenaed to appear (unless some
reasonable excuse shall be shewn on his oath, or the oath of some other person)
such fine, not exceeding ten dollars, as the justice shall think reasonable to impose,
and the justice shall make an entry in his docket of the conviction and of the cause
thereof; at the expiration of thirty days from the entry of such conviction, shall be
deemed a judgment in all respects at the suit of such county, and execution shall
be issued thereupon as upon other judgments in a justice's court, and the constable
shall pay the fine, when collected to the treasurer of the county.
§ 6. The person upon whom such fine shall be imposed may, at any time before
the expiration of the thirty days, appear before the justice and shew cause against
the imposition thereof; and upon the hearing of such cause, the justice may remit
or mitigate such fine.
§ 7. Every person subpoenaed as aforesaid, and neglecting to appear, shall also
be liable to the party in whose behalf he may have been subposnaed, for all dama-
ges which such party may have sustained by his non-appearance.
§ 8. Either party, in any civil suit depending before a justice, may, upon notice,
cause the deposition of any witness therein to be taken by any judge or justice of
the peace of this state, or by any judge or justice of the peace of the state or
county wherein such witness may be.
§ 9. No such deposition shall be taken, unless notice in writing of the time and
place of taking the same shall have been previously served on the other party,
three days before the taking thereof, with one additional day for eveiy twenty -five
miles of distance from the place of such service to the place of taking.
§ 10. Such notice may be served in like manner as an original summons, and
the service may be on the party or his agent in the suit, and when such party
resides out of the county and has no agent in the suit therein, the service of such
notice may be by filing a copy thereof with the justice before whom the suit is
pending.
§ 11. The deposition shah betaken and certified according to the statute of this
state regulating the taking of depositions, and shall be sealed up and returned so
sealed to the justice before wliom the suit, in which it is taken, is pending; and.
when such deposition is taken without this state, the official character of the officer
by whom it is taken shall be certified under the seal of the state or country where
such deposition is taken, or under the seal of some court therein.
§ 12. The justice shall allow every deposition taken and returned according to
the provisions of this act, to be read on the trial of the cause in which it is taken,
in all cases where the same testimony, if^given verbally in court, could have been
358 JUSTICES' COURTS.
received, but no such deposition shall be read on the trial unless it appear to the
justice that the witness whose deposition is offered,
First, Is dead, or resides out of the county; or,
Second, Is unable to, or cannot safely, attend before the justice, on account of
sickness, age, or other bodily infirmity ; or.
Third, Has gone out of the county without the consent or collusion of the
party offering the deposition.
ARTICLE V.
Of judgments of nonsuit, and hy default, and of trials.
Sic. 1. Judgment by default, when to lie rendered against the defendant; judgment, wlien to be given for the defendants
though plaintiff appear; judgment of non-suit against the plaintiff, when.
2. In cases not specially provided for, if plaintiff, ^c, do not appear, judgment of non-suit to be entered.
3. Judgment by default and of non-suit may be set aside; application for, when and how made; proceedings of tba
justice in sucli cases, and his duty.
4. If such judgment be set aside, notice of time and place of new trial to be made out and served on the adverse
party; when, how, .^c; fees for, allowed.
5. Suits to be determined on the return of process, unless adjourned.
6. When both parties appear, justice to hear tlie allegations and proofs of each; cause to be determined according,
to right.
7. Trial of suit on contracts to be determined on its merits; consideration of bond or note may bo impeached;
when, how, i^-c.
8. Before the trial of a cause is commenced, cither party may demand a jury,
9. Jury to consist of six, but the parties may agree upon a less numlier.
10. Justice to issue summons for a jury to the constable nf the township; what the summons shall contain.
11. How the summons shall be executed by the constable; list of jurors to be certified with the summons, If a,
sufliciejit number cannot be had from the pannel, others to be summoned.
12. If the summons be not returned, or a jury obtained, as by the preceding section, new summons to issue.
13. Oath to tie administered by the justice to each juror; form of the oath.
14. After the jury are sworn, they shall sit togetlier and hear the proofs of the parties, &c.
15. Witness objected to as incompetent, to be determined by the justice; witness to be sworn; form of the oath.
16. Either party may be examined as a witness on suits on contract; after such examination, no further evidence t»
be given.
17. Either party may, in suits upon contract, have the other party subpoenaed as a witness; if he fail to attend, other
party may be examined.
18. Instrument of writing signed by the opposite partj', when to be received as a set-off, unless denied on oath by
affidavit, &c.
19. Preceding section not to apply to'cases of set-off against executor or administrator, &c.
20. When the jury agree, their verdict to be delivered publicly; to be entered on the justice's docket.
21. If jury cannot agree, they mny be discharged; new summons to issue, when; justice may enter judgment on the
evidence before him; when, &c.
22. Penalty on persons summoned as a juror who fails to attend; how collected and appropriated.
§ 1. When a defendant who has been duly served with process, and when a
defendant who has once appeared to a suit, the trial of which hns been adjourned
shall neglect to appear within three hours after the return of the process, or the'
adjourned time, the justice sliall proceed in the cause in the followinij manner:
First, If the suit be founded upon an instrument of writing, filed with the jus-
tice at the commencement of the action, and purporting to.Jiave
been executed by the other party, and the demand of the plaintiff is
liquidated by such instrument, the justice shall, whether the plaintiff
appear or not, render judgment against the defendant, by default, for
JUSTICES' COURTS. 359
the amount which shall appear by such instrument to be due to the
plaintiff, after allowing the proper discounts for all payments endorsed
thereon, with costs.
Second, If the suit be not founded on an instrument of writing, as is declared
in the preceding clause of this section, and the plaintiff appears in
person, or by his agent, the justice shall proceed to hear his allegations
and proofs, and shaH determine the cause as the very right thereof
shall appear from the testimony; and if it appear from such testi.
mony that the plaintiff is entitled to recover, judgment shall be ren-
dered by default, against the defendant for so much as the testimony
shews the plaintiii' entitled to, together with costs; if it do not ap-
pear that the plaintiff ought to recover, judgment shall be given for
the defendant as upon a verdict against the plaintiff.
Third, If the plaintiff fail to appear, except where the suit is founded upon an
instrument of writing, as is declared in the first clause of this section,
the justice shall render judgment of non-suit against the plaintiff,
with costs.
{ 2. In all cases not otherwise specially provided for, if the plaintiff fail to ap-
pear in person, or by agent, within three hours after the time appointed for the
trial of the cause, the justice shall render judgment of non-suit against him, with
costs.
§ 3. Every justice of the peace shall have power, on the application of the party
aggrieved, or his agent, and for good cause shev»^n, to set aside judgment of non-
suit and by default, upon such terms as shall be just. Every such application shall
be made within ten days after the rendering of the judgment, and if in the mean-
time any execution has b?en issued, the justice may revoke the same in the man-
ner hereinafter provided for revoking an execution after an appeal has been al
lowed, and with the like effect. The justice shall, in all casqs, make an entry in his
docket of every such application, and of the day on which it was made, together
with his orders thereon.
§ 4. If any such judgment be set aside and a new trial granted, the justice shall
fix a time for such trial, and make out, under his hand, a notice to the opposite party,
stating the fact that such judgment has been set aside, and specifying therem the
time and place fixed for the trial; the notice shall be served on the party, or his
agent in the suit, six days before the trial, and shall be executed and returned in
like manner as a summons,' and the same fees shall be allowed therefor.
§ 5. Every suit instituted by summons or warrant, shall be determined on the
return of the process duly served, unless the cause be ad' jurned.
§ 6. When both parties appear before the justice in persMi, or by agent, at the
time appointed for the trial of the cause, the justice shall proceed to hear the alle-
gations aad proofs of the parties, and to determine the suit as the very right of the
case shall appear.
§ 7. On the trial of all suits upon contracts before any justice of the peace, or
in any circuit court, by appeal or otherwise, whether brought by the original claim-
360 JUSTICES' COURTS.
ant, Of any persons for his use, or by the payee or obligee of any bond or note, or
his assignee, it shnll be the duty of said justice, or court, to hear and determine such
cause on its merits, and to hear parole, or other legal evidence, to impeach the con-
sideration or validity of any bond or note; and if it shall be ascertained by the
justice, or court, or verdict of the jury, (if one be required) that the consideration
of such bond or note hos failed in whole or in part, judgment shall be given accord-
ing to the finding of the justice or court, or the verdict of the jury, notwithstanding
the defendant may hold a warranty or other instrument of v/riting on the payee
or obligee of said bond or note, purporting to be an agreement to make good the
consideration of said bond or note, if the same should fail.
§ 8. Before the justice shall commence an investigation of the merits of the
cause by an examination of witnesses, or the hearing of any other testimony,
either of the parties may demand of the justice that the cause be tried by a jury.
§ 9. The jury shall consist of six persons, but the parties may agree upon any
number of jurors less than six, to try the cause, and in that case the jury shall
consist of such number, not exceeding six, as the parties may agree upon.
§ 10. The justice shall issue a summons directed to- the constable of the town-
ship wherein the cause is to be tried, commanding him to summon six (or such less
number as the parties may have agreed upon) good and lawful men of the township,
qualified to serve as jurors in the circuit court of the same county, who shall be no-
wise of kin to either party, nor interested in the suit, to appear before such justice
at a time and place to be named therein, to make a jury for the trial of the action
between the parties named in such summons.
§ 11. The constable shall execute such jury summons fairly and impartially, and
shall not summons any person whom he has reason to believe is biassed or preju-
diced for or against either of the parties; he shall summon the jurors personally,
and shall make a list of the persons, which he shall certify and annex to the sum-
mons and return to the justice. If a sufficient number of competent jurors cannot
be obtained from the pannel returned, the constable shall immediately summon
others to serve in their place.
§ 12. If the constable, to whom the jurj summons shall have been delivered, do
not return the same as thereby required, or if a full jury be not obtained in the
manner declared in the preceding sections, the justice shall issue a new jury sum-
mons.
§ 13. To each juror the justice shall administer an oath, well and truly to try
the matter in difference between plaintiff, and defendant, and unless dis-
charged (by the justice) a true verdict to give, according to the evidence.
§ 14. After the jury are sworn, they shall set together and hear the allegations
and proofs of the parties, which shall be delivered publicly in their presence.
§ 15. If a witness, on being produced, shall be objected to as incompetent, such
objection shall be tried ^nd determined by the justice. Every person offered as a
witness, before any testimony shall be given by him, shall be duly sworn or affirmed,
that the evidence he shall give, relating to the matter in issue between plain-
JUSTICES' COURTS. 361
tiff, and defendant, shall be the truth, the whole truth, and nothing but the
truth.
§ IG. If there shall be no evidence given to establish any demand founded upon
contract, or to establish any set-off, or if the evidence given be insufficient for that
purpose, the justice may, upon the application of the party offering such demand
or set-off, order the opposite party to be sworn as a witness in relation thereto?
if the party thus required refuse to testify^ the justice shall allow the party offer-
ing the demand or set-off to be sworn and examined in relation to the same matter.
After an examination of either party, no further evidence shall be given in relation
to such demand or set-off.
§ 17. Either party, in any suit founded on contract, may cause the opposite party
to be subpoenaed as a witness in the cause, in the same manner and with the like
effect as any other person. If the party, after being duly subpoenaed, fail to attend
the trial personally, and such failure be not accounted for, the justice may allow the
other party to be sworn and examined as a witness in all cases and with like effect
as if such subpoenaed party had been personally present and had refused to testifv.
§ 18. If any suit or set-off be founded upon any instrument of writing, purport-
ing to have been executed by the opposite party, and the same shall have been filed
with the justice according to the preceding provisions of this act, such instrument
shall be received in evidence on the trial, unless the party, before the jury, is sworn
or the trial submitted to the justice, charged to have executed the same, shall deny
the execution thereof on oath, taken before such justice, or by an affidavit filed with
the justice and taken before any court or officer authorised to administer oaths.
§ 19. The preceding section shall not be construed to authorize any instrument
of writing to be received in evidence, without proof of its execution, against an
executor or administrator, or any other person representing the person charged to
have executed such instrument.
§ 20. When the jurors have agreed on their verdict, they shall deliver the same
to the justice, publicly, who shall enter it on his docket.
§ 21. Whenever a justice shall be satisfied that a jury, sworn in any civil cause
before him, after having been out a reasonable time, cannot agree on their verdict,
he may discharge them, and shall issue a new jury summons, unless the parties con-
sent that the justice may render judgment upon the evidence already before him,
which, in such cases he may do, unless they consent that ihe trial upon a new
hearing of the evidence shall be by the justice.
§ 22. Every person who shall be duly sui^imoned as a juror and shall not appear,
nor render a reasonable excuse for his default, shall be subject Co the same fine, to
be prosecuted for and collected with costs in the same manner, and applied to the
same use, as herein-beforc provided in respect to a person subpoenaed as a witness
and not appearing.
ARTICLE VI.
Of Judgments andjiling transcripls thereof, and nf the slay of execulions.
Sec. I. Judgment by confession may bo entered by the justice.
2, ItJ what cases and <vlioii judgmomt by confession nmy Ic rcndcicri.
47
362 JUSTICES' COURTS.
Sec. 3. One Jndgment may bo set-off against another, on reasonable notice given; when, how, &c.
4. If the judgment proposed to be set-off be rendered before another justice, how the party shall proceed.
5. If one judgment is set-off against another, justice to make an entry thereof in his docket; duty of justice in such,
cases; set-off not allowed on transcript, &c., to be so certified.
6. On affidavit of either party, before trial is submitted, cStc, that the justice is a material witness or of kin, &C-;
cause may be discontinued without costs.
7. In what cases judgment of non-suit may be rendered with costs against the plaintiff.
8. In what cases judgment with costs shall be rendered for the defendant.
9. In what cases judgment with costs shall be rendered for the plaintiff.
10. In what cases the justice shall forthwith render judgment, &c.; in what cases allowed three days for final
decision.
11. Judgment for more than justice's jurisdiction, party may remit, (^-c, and take judgment for the residue.
12. Stay of execution upon a judgment.
13. To entitle such person to stay of execution, recognizance to be entered into, and how.
14. Perm of the recognizance.
15. If the debt is not paid at the expiration of such stay, how the execution to issue; proceedings and return of the
officer thereon.
16. On the return of the execution, if bail has paid the money, he is entitled to judgment on motion; motion, when
to be made, &c.
17. If judgment be stayed after execution issued, such csccntien !;otv ;o -evoked.
18. Transcripts may be filed, to be entered by the clerk in the docket of circuit court judgments eind decrees; time
of filing to be noted by the clerk.
19. Xiien of such judgment from the filing of such transcript; its extent, and how to be carried into effect.
§ 1. A justice of the peace may enter a judgment by confession of the defend-
ant in any case where the amount confessed shall not exceed the amount for which
a justice is authorized to render judgment in an action.
5 2. No confession shall be taken, or judgment rendered thereon, unless the fol-
lowing requisites be complied with :
First, The defendant must personally appear before the justice.
Second, The confession must be in writing, signed by the defendant, or by
some person by him thereto lawfully authorized, and filed with the
justice.
$ 3. If there be mutual justices judgments between the same parties, upon
which the time for appealing has elapsed, and on which there is no existing execu-^
lion, one judgment, on the application of either party, and reasonable notice of
such application to the adverse party, may be set-ofl' against the other, by the jus-
tice before whom the judgment against which the ofl-set is proposed may be.
§ 4. If the judgment proposed as a set-oif was rendered before another justice,
the party proposing such set-ofF must produce before the justice a transcript
of such judgment, upon which there is a certificate of the justice rendering the
judgment, that there is no appeal or existing execution thereon, and that such tran-
script was obtained for the purpose of being set-ofl' against the judgment to which
it is offered as a set-oIT; the justice granting such transcript shall make an entry
thereof in his docket, and all further proceeding on such judgment shall be stayed*
unless such transcript be returned, with the proper justice's certificate thereon, that
it has not been allowed in set-off.
§ 5. If any justice shall set-olf one judgment against another, he shall make an
entry thereof in his docket, and execution shall issue only for the balance which
may be due after such set-off. If a justice shall allow a transcript of a judgment
JUSTICES' COURTS.
363
rendered by another justice to be set-ofF, he shall file such transcript among the
papers relating to the judgment in which it is allowed in set-off; if he shall refuse
such set-off, he shall so certify on the transcript, and return the same to the party
who offered it.
§ 6. If upon the appearance of the parties on the return of process in any case,
(except when the defendant shall have been arrested by warrant,) the defendant
shall, before the jury is sworn, or the trial submitted to the justice, make affidavit
that the justice before whom the same is pending is a material witness for such
defendant, without whose testimony he cannot safely pi-oceed to trial, or that he is
near of kin to the plaintiff, stating therein in what degree, judgment shall be
entered that the cause be discontinued, but without costs against either party.
§ 7. Judgment of non-suit, with costs, shall be rendered against the plaintiff in
the following cases, in addition to the cases specially provided for:
First, If he withdraw his action.
Second, If he be non-suited upon the trial.
§ 8. Judgment for the defendant, with costs, shall be rendered, whenever a trial
or hearing has been had, and no sum shall be found by the verdict of the jury, or
by the decision of the justice, iniavor of the plaintiff.
§ 9. Judgment for the plaintiff, w^th costs, shall be rendered, whenever a trial
or hearing has been had, and any sum shall be found by the verdict of the jury or
decision of the justice, in favor of the plaintiff.
§ 10. In cases where a plaintiff shall be non-suited or withdraw his action, and
where judgment shall be confessed, and in all cases where a verdict shall be ren-
dered, or the defendant shall be in custody at the time of hearing the cause, the jus-
tice shall forthwith render judgment and enter the same in his docket. In all other
cases, he shall render judgment, and enter the same in his docket, within three
days after the cause shall have been submitted to him for his final decision.
§ 1 1. If any sum be found in favor of a party, either by the verdict of a jury or
upon a hearing of the cause before the justice, exceeding the sum for which the
justice is authorized to give judgment, such party may remit and release the excess
and take judgment for the residue.
§ 12. The execution upon a judgment rendered by a justice of the peace, may
be stayed in the manner hereinafter provided, and for the following periods of time,
to be calculated from the date of the judgment:
First, If the judgment be fn- nnj sum not exceeding ten dollars, exclusive of
costs, one month.
Second, If it be for any sum above ten dollars, and not exceeding thirty dollars,
exclusive of costs, two months.
Third, If it be for any sum above thirty dollars, exclusive of costs, four
months; but if all the parties to the judgment agree upon any other
period of time, the stay shall be for a time so agreed upon.
5 13. To entitle any person to such stay of execution, some responsible person,
to be approved by the justice and not being a party to the judgment, must, within
five days after the rendering of the judgment, enter into a recognizance before the
364 JUSTICES' COURTS.
justice, to the adverse party, in a sum sufficient to secure the payment of the judg-
ment, conditioned to be void upon such payment, at the expiration of the stay.
5 14. Such recognizance must be signed by the party entering into the same,
and may be in the following form; "I , acknowledge myself indebted to
in the sum of- dollars, to be void upon this condition: Whereas, obtained
a judgment before , a justice of the peace of tow-nship, in county,
on the day of, , 18 , against , now, if such judgment shall be paid
at the expiration of months from the time it was rendered, this recognizance
shall be void. A. B."
§ 15. If at the expiration of such stay, the judgment be not paid, the execution
shall issue against both principal and bail; if the principal do not satisfy the execu-
tion, and the officer cannot find sufficient property belonging to him upon which
to levy, he shall levy upon the property of the bail, and in his return shall state
what amount of the money collected by him upon the execution was collected
from the bail, and the time when the same was received.
§ 16. After the return of such execution, the bail shall be entitled, upon motion,
to a judgment before the justice for the amount collected from him in satisfaction
of such execution, with interest thereon at ten per centum per annum, and such
return of the officer shall, upon such motion, be evidence of the facts therein stated.
No such motion shall be made after the expiration of three months from the return
day of the execution.
5 17. If a judgment be stayed in the manner above prescribed, after an execution
shall have been issued thereon, the justice shall revoke such execution in the same
manner and with like effect as he is hereinafter directed to revoke an execution
after an appeal has been allowed.
5 18. Every justice, on the demand of any person in whose favor he shall have
rendered judgment for more than ten dollars, exclusive of costs, shall give to such
person a certified transcript of such judgment, and the clerk of the circuit court of
the same county in which the judgment was rendered, shall, upon the production
of any such transcript, file the same in his office, and forthwith enter such judg-
ment in the docket of circuit court judgments and decrees, and shall note therein
the time of the filing of such transcript.
} 19. Every such judgment, from the time of such filing of the transcript thereof,
shall have the same lien on the real estate of the defendant in the county as a judg-
ment of the circuit court of the same county, shall be equally under the control of
the circuit court, and shall be carried into execution in the same manner and with
the like eflTect as the judgments of such circuit court; but no execution shall be
sued out of the circuit court thereon, until an execution shall have been issued by
a justice, and returned, that the defendant had no goods or chattels whereof to
levy the same,
JUSTICES' COURTS. 365
xlRTICLE VII.
Oj executions and j^rucecdings thereon.
Sec. 1. Execution to issue, as licreinaftcr prescribed, upon demand.
2. E-tecution to what constable issued; when to be dated, wlien returnable, and against what property to issue, &c.»
3. Execution against the goods, chattels and body of the defendant, what it shall command the constable to do.
4. Form of such execution.
5. Against the goods and chattels of the person, form of as above, omitting the clause of capias.
6. Debt, damages and costs, &c., to be stated on the back of the execution, and entered in the docket before it issues,
time of the receipt of an execution to be endorsed by the officer.
7. In what cases justice may issue execution to the constable of another township.
8- Executions may be renewed by endorsement on the old execution; how made and effect of; entry of renewal to
be made on the docket.
9. Notice of sale under execution, how and when to be given.
10. Sale to be at public vendue to the highest bidder; constable to be ready to pay over the money at the return
day of the execution.
11. Officer not to purchase, directly or indirectly, at his own sale; such sales void.
12. Garnishees may be summoned by the officer; in what cases, and when; proceedings of the justice in such cases.
13. Defendant, when to be taken in execution; to be committed to jail until discharged, &c.
14. Property levied on, claimed by a third person, constable to summon a jury to appear, &c.
15. Constable to administer oath to jurors; how to be administered; jury to be judges of the law and the fact.
16. If the jury find the property to belong to the defendant, effect of; if for the claimant, effect of; costs, how paW.
17. Persons summoned as jurors in such cases, failing to attend, how to be proceeded against
18. Constables to give receipts for judgments, &c., when the money is tendered; extent and effect of the receipt;
remedy of the party against the constable, same as if collected on execution.
19. Payment of money upon a judgment to a justice, not good, unless by consent of the person to whom it is coming.
20. In what cases justice to issue summons against constable wlio has received money, &c.
21. In what manner the summons to issue; v/hen and how executed and returned.
22. If the constable fail to appear, or appearing, fail to show cause, &c., how the justice shall proceed; no. stay-
allowed, but appeal may be taken.
23. Party injured, may have the above remedy, or suit against him and security; proceedings, &c.
5 1. Upon every judgment rendered by a justice, execution shall be issued by
such justice in the manner hereinafter prescribed, at any time upon demand.
§ 2. The execution shall be directed (except where it is otherwise specially pro-
vided,) to the constable of the township where the justice resides, shall be dated
on the day it is issued, and be made returnable within thirty days from the date;
it shall be against the goods and chattels of the person against whom the same is
issued, and against the goods, chattels and body of such person, when specially
required.
§ 3. The execution against the goods, chattels and body of the person against
whom the same is issued, shall command the officer to levy the debt, damages and
costs of the goods and chattels of such person, and for want of sufficient goods
and chattels, to take the body of such person and convey him to the common jail
of the county, there to remain until the debt, damages and costs are paid, or he be
otherwise discharged according to law.
§ 4. Such execution may be in the following form : "The state of Missouri, to
the constable of township, in the county of , Greeting: Whereas, ,
on the day of , 1 8 , obtained judgment before the undersigned, justice
of the peace of the township of , in county, against , for dol-
lars, for his debt and damages (or damages) and also for dollars for his costs,
366 JUSTICES' COURTS.
You are therefore commanded to levy the same, of the goods and chattels of the
said , according to law; and for want of sufficient goods and chattels, you are
commanded to take the said , and convey him to the common jail of the county,
and deliver him to the sheriff or keeper thereof, who is hereby required to receive
and safely keep him until the debt damages and costs are paid, or he be otherwise
discharged according to law: You ai^e further commanded to return this writ to the
undersigned justice, within thirty days from the date. Given under my hand, this
day of 18 . A. B., justice."
§ 5. The execution against the goods and chattels of the person against whom
the same is issued, shall command the officer to levy the same of the goods and
chattels of such person, and may be in the form prescribed in the preceding sec-
tion, omitting the clause against the body.
5 6. Before any execution shall be delivered, the justice shall state in his docket,
and also on the back of the execution, an account of debt, damages and costs, and
of the fees due to each person, separately, and the officer receiving such exeeution
shall endorse thereon the time of the receipt of the same.
§ 7. In all cases where it shall be suggested to the justice that the defendant
resides out of the township where the judgment was rendered, or that he has not
.sufficient goods and chattels therein to satisfy such judgment, the justice shall issue
the execution, directed to the constable of any township in the same county
wherein the defendant or his goods and chattels are suggested to be.
§ 8. If any execution be not satisfied, it may, at the request of the plantift^, be
renewed from time to time, by the justice issuing the same, by an endorsement
thereon to that efl:ect, signed by him and dated when the same shall be made. If
any part of such execution has been satisfied, the endorsement of renewal shall
express the sum due on the execution; every such endorsement shall renew the
execution in full force, in all respects, for thirty days, and no longer, and an entry
of such renewal shall be made in the docket of the justice.
§ 9. The constable, after taking goods and chattels into his custody, by virtue of
an execution, shall, without delay, give public notice by at least three advertise-
ments, put up at three public places in the township, of the time and place, when
and where, they will be exposed to sale; such notice shall describe the goods and
chattels taken, and shall be put up at least ten days before the day of sale.
§ 10. At the time and place so appointed, if the goods and chattels be present for
the inspection of the bidders, the officer shall expose them to sale at public vendue,
to the highest bidder; he shall return the execution, and have the money before the
justice at the time of making such return, ready to be paid over to the persons
respectively entitled thereto.
§ 11. No constable or other officer shall, directly or indirectly, purchase any
goods or chattels at any sale made by him upon execution; but every such sale
shall be absolutely void.
§ 12. If the execution be against the goods and chattels only, and there is not
sufficient whereon to levy, the constable shall, upon the demand of the plaintiffi,
summon in writing, as garnishees, such debtors of the defendant in the execution
JUSTICES' COURTS. 36f
as may be named to him by the plaintiff, or his agent, to appear before the justice
at the return day of such execution, to answer such interrogatories as may be ex-
hibited against them, touching their indebtedness to such defendant; and the Hke
proceedings shall be had therein, before the justice, to final judgment and execution^
as in suits instituted by attachment in a justice's court.
§ 13. If the execution be against the goods, chattels and person, and there are
not sufficient goods and chattels whereon to levy, the officer shall take the body of
the person against whom the execution shall have been issued, and convey him to
the common jail of the county, the sheriff or keeper whereof is hereby required to
receive and safely keep him, until the debt, damages and costs be paid, or he be
thence discharged by due course of law.
5 14. If a constable levy an execution on any goods or chattels, and any person
other than the defendant in the execution claims such property, the constable may
summon six persons, competent to serve as jurors in a justice's court, to assemble
at such time and place in the township as he shall direct, not exceeding ten days
from the time he is notified of such claim, to try the right of property between the
defendant in the execution and such claimant.
§ 15. The constable shall administer an oath to each of the jurors, well and
truly to try and determine the right of property between the claimant and defend-
ant in the execution, to the goods and chattels in controversy, and report their
decision to the constable. The constable may administer the oaths to the witnesses
proposed to be examined. The jury shall be the judges of the law and the fact.
§ 16. If the jury find the goods and chattels to be the property of the defendant
in the execution, the verdict shall, as against the claimant, justify the officer in
selling such goods and chattels. If the verdict is for the claimant, the plaintiff in
the execution shall pay the costs of the trial; if it is against the claimant, the costs
shall be paid by such claimant, and the constable and witnesses shall be entitled to
the like fees as for similar services in a justice's court.
§ 17. If persons summoned as jurors upon such inquests fail to appear, or, ap-
pearing, refuse to serve, the constable shall forthwith summon others in their place
and shall have the same power to fine every such person that a justice of the peace
has in respect to jurors summoned to attend before him. If any person so fined,
aeglect to render to the constable a reasonable excuse for his failure or refusal,
within thirty days from the time of the imposition of such fine, the constable shall
proceed to levy the same, together with the costs, of the goods and chattels of tlie
person fined, as upon a justice's execution, and shall pay, as soon as the same shall
be collected, to the treasurer of the county, for the use of such county.
§ 18. The constable of the township shall receive all money that may be ten-
dered to him in payment of any judgment obtained before a justice of the peace of
such township, and shall give the person paying the same a receipt therefor, in
which shall be specified on what account the same was paid, and the payment shall
be valid against the judgment, and upon the production to the justice of the receipt
therefor, shall be credited thereto. The person entitled to the money paid, shall have
368 JUSTICES' COURTS*
the like remedies against the constable and his securities, for the recovery thereof,
as if such money had been collected by the constable on execution.
5 19. No payment of money upon a judgment made to the justice, either before
or after execution thereon, shall be valid against such judgment, nor credited thereto,
unless paid with the consent of the person to whom the same is due.
§ 20. In the following cases the justice shall, upon the demand of the party in-
jured, or his agent, issue a summons against any constable to whom any execution
has been delivered, or who has received any money upon any judgment of such
justice, whether with or without execution;
First, If the constable fail to make return of the execution according to the
command thereof;
Second, If he make a false return;
Third, If he fail to have any money, by him collected on execution, before
the justice, on the return day thereof, ready to be paid over to the
persons entitled thereto, or the receipts of such persons therefor;
Fourth, If he fail to pay over upon demand, to the person entitled thereto, or
his agent, any money by him received in payment of any judgment.
§ 21. Such summons shall require the constable to appear before the justice at
a place and time to be specified therein, not exceeding six days from the time of
issuing the same, and shew cause why execution shall not issue against him for the
amount due upon the execution, or for the amount received by him upon the judg-
ment, according to the nature of the cause. The summons shall be served at least
three days before the return day thereof, and may, in other respects, be executed
in like manner as an original writ of summons.
§ 22. If the constable fail to appear, or, appearing, fail to shew good cause to the
contrary, the justice shall render judgment against him for the amount due by the
execution, or for the amount received by him without execution, accoriiing to the
nature of the case, together with interest thereon at the rate of one hundred per
centum per annum, from the time such execution ought to have been returned, or
from the time such money ought to have been had before the justice, ready to be
paid over to the parties entitled thereto, or from the time the money received on a
judgment, without execution, was demanded by the party entitled thereto, or his
agent. Upon such judgment there shall be no stay of execution, but an appeal may
be had as in other cases and with like effec t.
§ 23. The party injured may proceed against the constable in the manner above
directed, or may institute a suit against him, and his securities on his official bond,
and in such suit shall be entitled to the like recovery as upon a summons against
the constable; and suits on such bond may be brought before a justice of the peace,
where the amount claimed does not exceed ninety dollars.
I
JUSTICES' COURTS. 3ti9
ARTICLE VIII.
Of appeals and j^roceedings thereon in the circuit court*
Ssc. 1. feraoiia aggrieved by the jadgmeni or luu jusiice may appeal, (((-c.
2. rroceediags before uppeal on judgment by default can be taken.
3- No appeal to be allowed unless certain requisites be complied with.
4. Recognizance, bow executed ; form of the recognizance.
5. Appeal allowed, entry of to be made on the docket ; further proceedings of the Justice Buspeuded, If execution
has issued, certificate of appeal to be granted, Sec-
6. On the production or service of sucli cercificate on the constable, &c., property or body of the debtor to bo released
7. Justice to return transcript of proceedings, &c., to the first day of the next circuit court.
8. On such return being filed in the Clerk's office, court to be possessed of tbfo cause; proceedings.
9- Upon appeal allowed, circuit court may, by rule and attachment, compel a return of papers by the Justice.
10. lu what cases and how the circuit court may compel justice to allow appeal, return papers, &c,
11. In what cases and how the circuit court may compel justice to amend his return.
12. Appeal not to bo dismissed if there is no recognizance, or a defective recognizance, if the oppellant will cnle'
Into recognizance, &c., and pay costs.
13. Appeal allowed ten days before court, to be tried at the first term, unless continued fbr cause.
14. Notice of appeal to be given, when and how served; if the appellee resides out of the county, how served.
15. Cause not to be dismissed for want of notice, but may be continued by the appellee at the cost of the appellant.
16. Same cause of action tried before the justice, to be tried on appeal ; no set-off not pleaded before the justice
shall be pleaded in the circuit court, if summons was served on the person of the defendant.
17. Judgment to be entered against tire appellant and security, on affirmance or trial anew, if judgineut be against
the appellant.
18. Execution on such jitdgmcnt to be paid by tlio piincipal, and if not, then by the security; officer to endorse on
his return by wlioiu paid.
19, Uemedy of the security against the principal by motion; motion when to be made; return of the officer, evidence
on such motion.
§ I. Any person aggrieved by any judgment rendered by a justice of the
peace, except a judgment of non-suit, may, in person or by his agent, make his
appeal therefrom to the circuit court of the same county where the judgment was
rendered.
§ 2. But no appeal can be taken from a judgment by default unless, within ten
days after the rendering of such judgment, application shall have been made to the
justice, by the party aggrieved, to set the same aside, and such application shall
have been refused.
§ 3. No appeal shall be allowed in any case, unless the following requisites be
complied with:
First, The appeal must bs made within ten days after the jud^-ment rendered,
or, when the judgment is by default, within ten days after the refusal
of the justice to set aside the default and grant a new trial.
Second, The applicant, or some person for him, together with one or more
securities to be approved by the justice, must, within the time pre-
scribed in the first clause of this section, enter into a .recognizance
before the justice, to the adverse party, in a sum sufficient to secure
the payment of such judgment, and the costs of the appeal, condi-
tioned that the applicant will prosecute his appeal with due diligence'
to a decision 5 and that if on such appeal the judgment of the justice
be affirmed, or if on a trial anew in the circuit court, judgment be
48
870 JUSTICES' COURTS,
given against him, he will pay such judgment, and that if his appeal
be dismissed he will pay the judgment of the justice, together with
the costs of the appeal.
- § 4. Such recognizance musi be slgued b_y tht; parties entering into the same'
and be attested by the justice, and may be in the form following: "We the under"
signed and , acknowledge ourselves indebted to in the sum of
dollars, to be void upon this condition : Whereas, has appealed from the
judgment of , a justice of the peace, in an action, between plaintiff, and
defendant; now, if on such appeal, the judgment of the justice be athrmed, or
if on the trial anew in the circuit court, judgment be given against the appellant?
and he shall satisfy such judgment, or if his appeal shall be dismissed and he shall
pay the judgment of the justice, together with the costs of the appeal, the recogni-
zance shall be void. A. B., C. D. Atteste, G. H., justice."
§ 5. Upon an appeal being made according to the foregoing provisions, the justice
shall allow the same, and immediately make an entry ofsuch.allowance in his docket,
and all further proceedings on the judgment before the justice shall be suspended
by the allowance of the appeal; and if in the meantime, execution shall have been
issued, the justice shall give to the appellant a certificate that an appeal in the
cause has been allowed.
§ 6. On such certificate being presented to the constable holding the execution,
he shall forthwith release the property and body of the defendant that may have
been taken in execution; and if the appellant shall have been committed to jail, the
jailor, upon the service of the like certificate on him, shall release the appellant
from imprisonment.
§ 7. On or before the first day of the circuit court next after the appeal shall
have been allowed, the justice shall file in the office of the clerk of such court a
transcript of all the entries made in his docket relating to the case, together with
all the process and other papers relating to the suit and filed with the justice.
§ 8. Upon the return of the justice being filed in the clerk's office, the court shall
be possessed of the cause, and shall proceed to hear, try and determine the same
anew, without regarding any error, defect, or other imperfection in the proceed-
ings of the justice.
§ 9. .Upon an appeal being made and allowed, the circuit court may, by rule arid
attachment, compel a return by the justice of his proceedings in the suit, and of the
papers required to be by him returned.
§ 10. If a justice fail to allow an appeal in the cause, where the same ought to be
allowed, the circuit court, on such fact satisfactorily appearing, may, by rule and
attachment, compel the justice to allow the same, and to return his proceedings in
the suit, together with the papers required to be returned by him.
§ 11. Whenever the court is satisfied that the return of the justice is substan-
tially erroneous or defective, the court may, by rule and attachment, compel him to
amend the same.
§12. No appeal allowed by a justice shall be dismissed on account that there
is no recognizance, or that the recognizance given is defective, if the appellant
JUSTICES' COURTS. 671
will, beforcthe motion to dismiss is determined, enter before the circuit com-t into
such recognizance as he ought to have entered into before the allowance of the
appeal, and pay all the costs that shall be incurred by reason of such defect or
omission.
5 13. All appeals allowed ten days before the first day of the term of the circuit
court, next after the appeal allowed, shall be determined at such term, unless con-
tinued for cause.
§ 14. If the appeal be not allowed on the same day on which the judgment is
rendered, the appellant shall serve the appellee, at least ten days before the first day
of the term at which the cause is to be determined, with a notice in writing, stating
the fact that an appeal has been taken from the judgment therein specified; the
notice may be served in like manner as an original writ of summons, and when the
appellee does not reside in the county, and has no agent in the suit therein, the
service may be by leaving a copy of such notice with the justice.
f 15. If the appellant fails to give notice of his appeal in a cause where such
notice is required, the cause shall, on the application of the appellee, be continued
as a matter of course, until the succeeding term, at the cost of the appellant; but
no appeal shall be dismissed for want of such notice.
§ 16. The same cause of action, and no other, that was tried before thg justice
shall be tried in the circuit court upon the appeal; and no set-off shall be pleaded
in the circuit court, that was not pleaded before the justice, if the summons was
served on the person of the defendant.
§ 17. In all cases of appeals from a justices' court, if the judgment of the justice
be affirmed, or if on a trial anew in the circuit court the judgment be against the
appellant, such judgment shall be rendered against him and his securities in the
recognizance for the appeal.
5 18. If upon an execution being issued upon such judgment, the principal shall
not pay such execution, and the officer cannot find sufficient property of such
principal to satisfy the same, such execution shall be enforced against the securi-
ties; and the officer shall specify in his return, by whom the money was paid, and
the time thereof.
} 19. After the return of an execution, satisfied in whole or in part out of the
property of the security, such security shall be entitled to a judgment, upon motion,
against the principal, for the amount so paid by liim, together with interest thereon
at ten per cent, per annum from the time of the payment. Such motion must be
made within one year after the return day of the execution, and the return of the
officer shall be evidence, upon the hearing of such motion, of the facts therein
stated.
Aj^pro ved, March 21 st, 1335.
372 JUSTICES' COURTS.
JUSTICES' COURTS,
IN CASES OF BREACH OF THE PEACE.
An act to define the jurisdiction, and regulate the proceedings of justices' cour's,in
cases of breach of the peace.
Bmc. 1. Assaults, batteries and affrays not indictable, cognizable before justice of the peace
2. Certain offences not cognizable before justice of the peace, but shall be punished by indictment.
3. On complaint made, justice to issue warrant for offences cognizable before hiro; by whom to be execntedw
-4. Offences in the last section, committed within the knowledge of the justice, warrant to issue and proceedings;
Buch offences committed, &c., in his presence, how to proceed.
a. Persons arrested under this act, justice to hear the complaint in a summary way.
6- Cause may be postponed by the justice; defendant to give recognizance; conditioa of tlio recognizance.
7. Failing to give recognizance, to he committed to jail.
8. 1t» case of breach of recognizance, the same to be certified to the circuit court; proceedings.
9. la the progress of the trial, if the justice believe the cause is not cognizable before him, Ijow he shall proceed.
10. Justice fo summon injured party, and others who may be material as witnesses on the trial.
11. Trials to be by jury; if they find the defendant guilty, what shall be the fine.
12. Proceedings commenced on complaint of injured party, liis name to be entered on the docket as prosecutor;
costs to be paid by the prosecutor and by the county; in what cases.
13. In case of convictions, judgment to be entered for fine and cost, may be committed; &c., or issue execution to
the use of the county-.
14. Defendant in execution may fake the benefit of the insolvent debtors' act; costs, how paid; proceedings, &c.
15. Appeals may be taken: affidavit to be filed; recognizance to be entered into, and how.
16. Appeals taken, when to be returned to the first, and when to the second term of the circuit court.
17. When appeal is perfected, witnesses to be recognized; duty of justice to certify proceedings, &;c.
18. Cause to be docketed and tried at first term, unless continued; costs to abide the trial.
19. Appeal not taken on the day of rendering judgment by the justice, judgment to be affirmed.
ZO. If judgment be affirmed, or on conviction, judgment to be for fine and costs in both courts against defendant and
pecurities.
21. If judgment be not satisfied, execution when to issue; out of what property to be satisfied.
22. Process and proceeding not specialty provided for, to be governed by the law regulating justices' courts in civil cases.
23. Justice to certify amount of fine to the county treasurer; duty of the county treasurer, constable, and the county
court, in such cases.
24. Penalty on officers refusing to perform duties required by this act; also on persons refusing lo aid in arresting
offenders.
25. Fines and penalties under^this act, how they may be recovered.
26. When justice continues a cause, witnesses present need not be summoned, but may be verbally notified to
attend, &c.
Be it enacted by the general assembly of the stale of Missouri, as follows:
§ 1. Hercafter,no assault, battery, or affray, shall be indictable ; but all such offen.
ces shall be prosecuted and punished in a summary manner, before justices of the
peace, as hereinafter provided.
§ 2. The jurisdiction of justices of the'peace shall not extend to trial or punish-
ment in any case of riot, rout, or unlawful assembly, nor to any assault or battery
which, by the then existing laws, may^be punished by imprisonment, or corporal
punishment, or by a fine exceeding one hundred dollars, but all such offences shall
be punished by indictment.
§ 3. Whenever a complaint shall be made to a justice of the peace, on the oath
or affirmation of any person competent to testify against the accused, that an
assault, battery, affray, or other brcacli of the peace, has been, or is about to be
committed, the justice shall forthwith issue a warrant for the arrest of the offender,
JUSTICES' CX)URTS. 373
•which warrant shall be executed by the sherifF of the county or constable of the
township, or by some competent person specially deputed by the justice for
that purpose.
§ 4. If any justice of the peace shall have personal knowledge that any of tho
offences mentioned in the last section, is [are] about to be committed, he shall issue his
warrant and proceed as is directed in that section; and if any such offence is com-
mitted, threatened, or attempted in his presence, he shall immediately arrest the
offender, or cause it to be done, and for this purpose no warrant or process shall be
necessary, but the justice may summon to his assistance any sheiiff, coroner, or
constable, and all other persons there present, whose duty it shall be to aid the jus-
tice in preserving the peace, arresting and securing the offenders, and all such as
obstruct or prevent the justice, or any of his assistants, in the performance of their
duty.
§ 5. When any person shall be brought before a justice of the peace under the
provisions of this act, it shall be the duty of the justice to hear and determine, in a
summary mode, the complaint alleged against the defendant.
§ G. Upon good cause shewn, the justice may postpone the trial of the cause to
a day certain, in which case he shall require the defendant to enter into recogni-
zance with sufficient security, conditioned that he will appear before the justice at
the time and place appointed, then and there to answer the complaint alleged against
him.
§ 7. If the defendant shall foil or refuse to enter into recognizance, the justice
shall commit him to the common jail of the county, there to remain until the day
fixed for the trial of the complaint alleged against him.
§ 8. In case of the breach of any recognizance entered into as aforesaid, the
same shall be certified and returned to the circuit court, to be proceeded on accord-
ing to law.
§ 9. If in the progress of any trial before a justice of the peace, under the pro-
visions of this act, it shall appear that the accused ought to be put upon his trial for
an ofTence not cognizable before a justice of the peace, the justice shall immediately
stop all further proceedings before him, and proceed as in other criminal cases
exclusively cognizable before the circuit court.
§ 10. In all cases arising under this act, it shall be the duty of the justice of the
peace, acting in the case, to summon the injured party, and all others whose testi-
mony may be deemed material as witnesses at the trial, and to enforce their attend-
ance by attachment if necessary.
511. All trials before a justice of the peace under this act, shall be by a jury of
twelve competent men, who, if they find the defendant guilty, shall assess the fine
to be paid by him, which shall not be less than one dollar, nor more than one hun-
dred dollars, according to the nature of the offence.
§ 12. Where proceedings are commenced under the provisions of this act, on
the information or complaint of the injured^'party, his name shall be entered by the
justice on his docket, as prosecutor, and if the defendant shall be discharged or
374 JUSTICES' COURTS.
acquitted, may be adjudged to pay costs; in other cases of discharge or acquittal,
the costs shall be paid by the county.
§ 13. In all cases of conviction under the provisions of this act, the justice shall
€nter judgment for the fine and costs against the defendant, and may commit him
until the judgment is satisfied, or issue execution on the judgment to the use of the
county.
§ 14. Any defendant who shall be committed or taken in execution on such
judgmp.nt, may, at any time after ten days actual imprisonment in jail, take the
benefit of the laws for the relief of insolvent debtors, and on taking the oath and
complying with the other requisitions of said law, may be discharged; and in that
case the county shall pay the costs* of the prosecution, and charges of imprison-
ment, and for the amount thereof shall be a privileged creditor of the defendant,
entitled to be first satisfied out of his property and cfiects.
§ 15. Any person convicted under this act may appeal to the circuit court, if he
shall, on the day of the rendition of the judgment, file an affidavit, stating that he
verily believes himself aggrieved by the verdict and judgment, and also enter into
recognizance, with sufficient sureties, householders of the county, which recogni-
zance shall be in the form and with the condition required in appeals from a justice
of the peace in civil cases.
5 16. All appeals taken fifteen days or more before any term of the circuit court
of the county, shall be returnable to that term, but if taken within fifteen days next
before the commencement of a term, shall be returnable to the second term.
§ 17. When an appeal is taken and perfected according to this act, it shall be
the duty of the justice to cause all material witnesses to enter into a recognizance
in the sum of fifty dollars each, conditioned for their appearance to testify in the
cause at the term to which the appeal is returnable, and shall, on or before the first
day of such term, file in the office of the clerk of the circuit court, a copy of the
entries on his docket, with a copy of the process and affidavit of appeal, and the
original recognizances of the defendant and witnesses, duly certified.
§ 18. The clerk of the circuit court shall enter the cause on his docket, and if
the appeal be regularly taken, the cause shall be heard on the merits at the return
term, unless good cause be shewn for a continuance, and the costs in both courts
shall abide the event of the trial in the circuit court.
§ 19. If the appeal be not taken and perfected on the day of rendering judgment
by the jusj:ice, the judgment shall be affirmed.
§ 20. If the judgment of the justice shall be affirmed, or upon atrial in the circuit
court the defendant shall be convicted, and any fine assessed, judgment shall be
rendered for such fine and the costs, in both courts, against the defendant and his
securities.
§ 21. If the judgment of the circuit court be not satisfied in thirty days after
the rendition thereof, execution may issue against the defendant and his securities
or the fine and costs aforesaid, which shall be made out of the property of the
defendant, if sulUcicnt thereof be found, if not, then out of the property of said
securities.
LANDLORDS AND TENANTS. 375
§ 22. In all cases not specially provided for by this act, the process and pro-
ceedings before the justice shall be governed by the law^s regulating proceedings in
justices' courts in civil cases.
§ 23. It shall be the duty of the justice be tore whom any conviction may be
had under this act, if ti^/^re be no appeal, to make out and certify, and, within ten
days after the date of the judgment, deliver to the treasurer of the county, a state-
ment of the case, the amount of the fine, and the name of the constable charged
with the collection thereof, and the county treasurer shall charge the constable
with the amount of such fine; and unless the same be paid into the county treasury
within thirty days after the date of the judgment, the county court shall, at their
next term, ten days notice being given to the constable in default, render judg-
ment against him for the amount due, and twenty per centum thereon, making,
however, proper deductions for insolvencies; on which judgment, execution shall
be issued, and the proceeds paid into the county treasury.
§ 24. Any justice of the peace, sheriif, coroner, or constable, who shall wilfully
neglect or refuse to perform any duty enjoined on him by this act, shall be deemed
guilty of a misdemeanor in office, and shall moreover pay the sum of fifty dollars;
and any person who shall, when summoned to aid in arresting or securing an
offender, refuse to give such assistance, shall pay five dollars.
§ 25. Fines and penalties incurred under this act, in cases not otherwise provi-
ded, may be recovered before any justice of the peace by action of debt.
§ 26. When a trial, under the provisions of this act, shall be continued by the
j ustice, it shall not be necessary for the justice to summon any witness who may
be present at the continuance, but said justice shall verbally notify such witnesses
as either'party,may require, to attend before him to testify in the cause, on th e day
set for trial, which verbal notice shall be as valid as a summons.
Approved, January 20th, 1835.
LANDLORDS A ND TENANTS,
An act concerning landlords and tenants.
Skc. 1. Executor or administrator of tenant for life, may recover rents; when.
2. Remedy by action, &c., for the rents dependant upon the life of another.
3. Freehold estate in rents in right of the wife, may he recov-ered after her death as though she were living.
4. Remedy for rents in arrear, upon lease for life.
5. Remedy of executor or administrator the same as the person deceased, for rents due at the time of his death,
6- Tenant in possession served with summons in ejectment, to give notice to landiord, .^-c; penalty for failure.
7. Tenant giving notice of intention to quit, and failing to do so, liable for double rent.
8. Double rent in such case, how and when to be recovered.
9. Tenants or persons holding under them, after the termination of their term, and after demand and notice given,
liable for double rent.
10. No relief in equity against any recovery liad under the preceding section.
11. Atlournmcnt of a tenant to a stranger void, except in certain cases.
12. Landlord may recover in an action on the case for use and occupation, under an agreement not made by
deed.
376 LANDLORDS AND TENANTS.
13. If a parol demise, &o., appear on the trial of such action, to be evidence of the amount of daraagea to be
recovered.
14. Landlord lias n Hen upon the crop grown, »^c., upon the premises cfor the rents, leln to continue for eiglxt
months.
15. Ejectment may lie brought if half year's rent be In orrear, and landlord have a right to re-enter.
16. Summons insuuU action, how it may be served.
17. Service of the summons shall stand instead of a demand for the rent, and of «. --entry on the premises.
18. Recovery of the demised premises and costs, when.
19. If before judgment in such action the rent an-i <»" costs be tendered, &c., further proceedings to cease.
20. If rent and costs be unpaid for sis r'<"itlis after writ of possession executed, and no bill filed for relief, &.c..
lessee barred.
21. Provision and reservation in favor of mortgagees of lease in such cases.
Be it enacted by the general assembly of the state of Missoui'i, as follows:
§ 1. The executors or administrators of any tenant for life, who shall have de-
mised any lands or tenements so held, and shall die on or before the day when any
rent on such demise shall become payable, may recover. First, If such tenant for
life die on the day, the whole rent. Second,l{he die before the day, 'such proportion
of the rent as shall have accrued before his death.
§ 2. Every person entitled to any rents dependant upon the life of any other,
may, notwithstanding the death of such other person, have the same remedy by
action for the recovery of all arrears of such rent that are due and unpaid at the
death of such other person, as he might have had if such other person was in full
life.
§ 3. Every person having in right of his wife any freehold estate in any rents,
may, if such rent is due and unpaid at the time of the wife's death, have the same
remedy by action for the recovery of such arrears as he might have had if the
wife was in full life.
§ 4. Any person having any rent due upon any lease for life, may have the same
remedy by action for the recovery thereof, as if such lease were for years.
§ 5. The executors or administrators of any person, to whom any rent shall have
been due and unpaid at the time of the death of such person, may have the same
remedy by action against the tenant, his executors or administrators, for the re-
covery thereof, that their testator or intestate might have had.
{ 6. Every tenant on whom a summons in ejectment to recover the tenements
held by him shall be served, shall forthwith give notice thereof to the person or
the agent of the person of whom such tenant holds, under the penalty of forfeiting
to such person the value of three years rent of the premises occupied by him.
§ 7. If any tenant shall give notice in writing of his intention to quit the pre-
mises held by him, at a time specified in such notice, and shall not deliver up the
possession thereof at such time, such tenant, his executors or administrators, shall,
from thenceforward, pay to the landlord, his heirs or assigns, double the rent
reserved during all the time such tenant shall so continue in possession.
§ 8. Such double rent shall be recovered in the same manner, at the same time
that the single rent is recoverable.
§ 9. If any tenant for life or years, or if any other person who may have come
into the possession of any lands or tenements under, or by collusion with such
LANDLORDS AND TENANTS. 377
tenant, shall wilfully hold over the same, after the termination of such term, and
after demand m.ade, and notice in writing given, requiring the possession thereof
by the person entitled thereto, such person so holding over shall pay to the person
so kept out of possession double the yearly value of the lands or tenements so
detained, for all the time he shall keep the person entitled out of possession.
§ 10. Tnere shall be no relief in equity against any recovery had at law under
the preceding section.
§ 11. The attornment of a tenant to a stranger shall be void, and shall not in
anywise affect the possesion of his landlord, unless it is made, First, With
the consent of the landlord; or, Second, Pursuant to, or in consequence of, a judg-
ment at law or a decree in equity; or, Third, To a mortgagee after the mortgage
has been foi-feited.
§ 12. A landlord may recover in an action on the case, a reasonable satisfaction,
for the use and occupation of any lands or tenements held by any person under
an agreement not made by deed.
§ 13. If a parol demise or other agreement, not by deed, by which a certain rent
is reserved, appears in evidence on the trial of such action, the plaintiff shall not
on that account be debarred from a recovery, but may make use thereof as evi-
dence of the amount of damages to be recovered.
5 14. Every landlord shall have alien upon the crop grown upon 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 payable, and no
longer.
§ 15. Whenever a half year's rent, or more, is in arrear from a tenant, the land-
lord, if he has a subsisting right by law to re-enter for the non-payment of such
rent, may bring an action of ejectment to recover the possession of the demised
premises.
§ 16. If the summons in such action cannot be served in the ordinary mode pro-
vided by law, it may be served by alRxing a copy of the declaration and summons
on a conspicuous part of the demised premises, where it may be conveniently
read.
5 17. The service of the summons in such action of ejectment shall be deemed
and stand instead of a demand of the rent in arrear, and of a re-entry on the
demised premises.
§ 18. If upon the trial of such action it is proved, or upon judgment by default
it appears to the court by. affidavit, that the plaintiff had a risht to commence such
action according to the provisions of this act, he shall have judgment to recover
the possession of the demised premises and costs.
^ 19. If the defendant, before judgment is given in such action, either tenders to
the landlord or brings into the court, where the suit is pending, all the rent then in
arrear and all costs, all further proceedings in the action shall cease.
§ 20. If the rent and costs remain unpaid for six months after execution upon
such judgment in ejectment is executed, and no bill for relief in equity is filed
within that time, the lessee and his assigns, and all other persons derivmg title
49
378 LAWS.
under the lease from such lessee, shall be barred from all relief in law or equity,
(except for error in the record or proceedings) and the landlord shall, from thence-
forth, hold the demised premises discharged from the lease.
§ 21 . A mortgagee of such lease, not in possession of such demised premises, who,
within six months after execution of any judgment in ejectment is executed, shall
pay all rent in arrear, and all costs, and the charges incurred by the landlord, and
shall perform all the agreements which ought to be performed by the first lessee?
shall npt be affected by the recovery in ejectment.
Approwd, March I9th, 1835.
LAWS.
An act concerning laws.
A£T. I. Common law and British statutes.
▲BT. 11. Of the authentication of statutes without the approval of the governor.
AKT. III. Of the taking effect, and of repealing acts.
ARTICLE L
Common law and Bi^itish statutes.
Ma«, 1. Common law and statutes of England declared in force.
% Punishment by the common law limited; British statutes for punishment of crimes, &:c., not in force.
Be it enacted hy the general assemhlij of the state of Missouri, as follows:
i 1. The common law of England, and all statutes and acts of parliament made
prior to the fourth year of the reign of James the first, and which are of a general
nature, not local to that kingdom, which common law and statutes are not repugn
nantto, or inconsistent with, the constitution of the United States, the constitution
of this state, or the statute laws in force for the time being, shall be the rule of
action and decision in this state, any law, usage or custom, to the contrary not-
withstanding.
§ 2. Punishment, by virtue of the common law, shall in nowise be other than
fine and imprisonment, and such fine shall not exceed one hundred dollars, and the
term of such punishment [imprisonment] shall not exceed two months; nor shall
any of the British statutes for the punishment of crimes or misdemeanors be in
force inthis state.
ARTICLE IL
Of the authentication of statutes, without tJie approval of the governor.
B»». 1. How authenticated, If the governor disapproves — Stale constitution, art. 3., sec. 10.
S. Law* not returned by tha governor, how authentioated.
LAWS.— REVISED STATUTES. 379
§ 1. When a bill, that has passed both houses of the general assembly, shall be
returned by the governor without his signature, and with objections thereto, [and
upon a reconsideration shall pass both houses by the constitutional majority, it
shall be authenticated as having become a law, by a certificate endorsed thereon, or
attached thereto, in the following form: "This bill having been returned by the
governor with his objections thereto, and, after reconsideration, having passed both
houses by the constitutional majority, it has become a law, this day of .''
Which, being signed by the president of the senate, and speaker of the house of rep-
resentatives, shall be deemed a sufficient authentication thereof; and the bill shal^
be again presented to the governor, to be by him deposited with the laws in the
office of the secretary of state.
§ 2. Every bill which has passed both houses of the general assembly, and shall
not be returned by the governor within ten days, having thereby become a law*
shall be authenticated by the governor causing the fact to be certified thereon by
the secretary of state, in the following form: "This bill having remained with the
governor ten days (Sundays excepted) and the general assembly beingin session, it
has become a law, this day of . J. B., secretary of state."
ARTICLE III.
Of the taking effect, and of repealing acts.
Sic. 1. Law repealing former act, being itself repealed, not to revive former act, nor to eft'ecf suits commeDeed uadt| Vktih
act.
2. Laws hereafter passed, take effect ninety days after the passage, unless otiierwise provided.
§ 1. When any law repealing any former act, clause or provision, shall be itself
repealed, it shall not be construed to revive such former act, clause or provision,
unless it be expressly otherwise provided; nor shall any act, repealing any former
act, clause or provision, be construed to abate, annLil, or in anywise effect any
proceedings had or commenced under, or by virtue of the law so repealed, but the
same shall be as effectual, and be proceeded on to final end and termination, as if
the repealing act had not passed, unless it be otherwise expressly provided.
} 2. All acts of the general assembly hereafter passed, shall take effect at the
end of ninety days after the passage thereof, unless a different time is therein
appointed.
Approved, March 14ih, 183S.
LAWS.— REVISED STATUTES.
An act concerning the revised statutes.
SkcI. Edition of the revised statutes authorized to ha published and distributed.
2. Contents of ttie revised statutes.
3. Acts passed during the present session and continued in force, and not to be publishe'l i n the revised statutM
380 LAWS.— REVISED STATUTES.
Sic. 4 MUJtlo law, how published, distributed, &c.; by wliom publ ished, end on what terms.
5. Constitution of U. States and of this slate, with their amendments, to be published with rerised statute*; bead
notes of contents to be at tlie liead of each cliapter or article, &c.; date of passage of each law, ^-c.
6. Statute laws to bo alphabetically arranged in the publication, S,'C.; complete index to the whole.
7. How laws to be published; type for the body of the work, index, .^-c.
8. Superintendent appointed to direct publication of the revised statutes, his duties; expenses, how paid; secretary
of state may receive portion of the laws, &c.
9. Vacancy in the office of superintendent, how supplied.
10. Secretary of state to copy the laws, ^c, and furnish them to the superintendent.
11. When revised statutes arc printed and bound, shall be delivered to the secretary of state, to be disrtribntcd, &e-,
12. Bevised statutes, how they shall be distributed to the officers of the general and stale governments, and oertaiB
Btate officers.
13. What number of copies to be transmitted to clerk of the circuit court of each county for distribution.
14. Four hundred copies to be distributed, S^c, according to representation, to be sold at cost.
15. For laws received clerk to execute to secretary of state duplicate receipts therefor.
16. Clerk to distribute the laws deposited with him as required, taking receipts therefor, &c.
17. The two copies to each clerk, one to be for the use of his office, the other for the use of the court.
18. Officer receiving copy, fcc, if he die, resign, &c., copy to be returned, i^c, to be delivered to the successor.
19. Laws not returned as required by the preceding section, penalty; duty of the clerk in guch case.
20. Acts passed at the present sessiou and not to be published in the revised statutes, how published and dlstributad
21. Acts mentioned in the preceding section to be delivered to the secretary of state.
22. Copies of the above to be delivered by the secretary of state to certain officers.
23. Copies of revised statutes, ^-c, that remain after distribution , fcc, to be preserved by secretary of state.
24 Construction of the term "heretofore," and the term "hereafter," when used in any statute.
25. Construction of words importing plural number.
26. Construction of words importing the singular number, or the masculine gender.
27. Rules prescribed in the two last sections, to what cases they shall apply.
28. Construction of repugnant provisions contained in the revised statutes.
29. The act concerning crimes and punishments, and to regulate proceedings in criminal cases, to take effect, whes, Ac
80. What acts shall be repealed after first day of December next, (1835.)
31. What acts to take effect from and after the fourth day of July next, (1835.)
82. What asts shall be repealed from and after that time.
33< All acts of a public, permanent and general nature, &c., repealed on the first of December next-
34. Last section not to be construed to repeal certain acts.
35. Acts of a local, private or temporary nature, not repealed, but shall expire by their own limitation .
86. Acts repealed not to aflect uny act done, right accrued, &c., but shall be as eflectual as if the act had not been
repealed.
37. Offences committed, fine, penalty or foiVoiturc incurred, not to be affected by repeal, .^c, but trial, 4'C-.«s though
act had not been repealed.
38. Actions, prosecutions, <\ c, pending at the time of repeal, &c., proceedings, how conducted.
89. Offence committed before, but convicted after taking effect of criminal code, how the prisoner may be punished.
4jp. Certain act repealed.
41. When this aet takes effect, to be published with the revised statutes.
Beit enacted by the general assembly of the stale of Missouri, as follows.
\ 1. There shall be published and distributed in the manner hereinafter provided,
au edition of two thousand five hundi'ed copies of the revised statutes of this state.
5 % The i-evised statutes shall contain all acts of a puolic, general and perma-
nent nature, passed during the present session of the general assembly, except as
hereinafter excepted, and such as were before passed and are continued in force
by the thirty-fourth section.
5 3. The acts passed during the present session, which are continued in force and
not to be published in the revised statutes, are the following: "An act to ascertain
the northern and southern boundary line of this state." "An act authorizing
persons owning paper-mills in this state, to peddle for rags without license." "An
LAWS.— REVISED STATUTES. 381
act providing for a call of a convention." "An act supplemental to an act to pro-
vide for the call of a convention." " An act for the relief of aliens." All acts
of incorporation. All acts for the appropriation of money. All memorials and
joint resolutions. All special acts organizing new counties, establishing or chang-
ing county lines, establishing or removing seats of justice. All special acts, provi-
ding for laying out state roads. All other acts of a private, local or temporary
nature.
§ 4. Three thousand copies of the act concerning the militia shall be separately
published, in small pica type, in a separate pamphlet, by the printer publishing the
private and local acts, on the same terms and under the same rules and regulations;
twenty-five hundred copies of which shall be distributed among the militia officers,
and five hundred copies shall be distributed to the civil officers, in the manner the
journals are to be distributed. This section to supersede a resolution passed for
that purpose, and that said act be not published in the revised code.
§ 5. The constitution of the United States and of this state, and the amendments
thereto, shall be prefixed to, and published with, the revised statutes. At the head
of each chapter or article, there shall be brief notes of the contents of the several
sections or clause thereof, in numerical order. At the end of each act, the date
of the passage and taking efiect thereof shall be noted, unless specified in the act,
omitting the signature of the governor, president of the senate, and speaker of the
house of representatives.
{ 6. The statute laws shall be alphabetically arranged in the publication, under
proper heads or titles, with such notes of reference and explanations as may be
necessary, and a complete index to the whole.
} 7. The edition of the laws hereby authorized, shall be printed on good paper,
the body of the work on small pica type, the notes and index on brevier or minion,
and shall be published in one volume of super-royal octavo size, well bound and
lettered. The printer shall not be restricted to the number of fifteen hundred em's
to a page in the publication of the revised statutes, but a proper quantity of matter
shall be put on a page, under the direction of the superintendent.
§ 8. The committee appointed to direct and superintend the publication of the
revised statutes, shall arrange the order of publication, prepare the notes and
index, examine and correct the proof sheets; and the expenses attending the same
shall be audited by the auditor and paid out of the contingent fund of the general
assembly. The secretary of state may receive such portion of the laws and
journals as it may be more convenient to distribute therefrom, at the office of the
printer executing the same.
§9. If any vacancy occur in the office of superintendent of the printing of the
revised statutes, the governor shall appoint some other person to discharge the
duties required by this act.
§ 10. The secretary of state shall copy all the statute laws passed at the present
session, and hereby directed to be published with the revised laws, and furnish them
to the superintendent in such order and at such time as he may direct.
382 LAWS.— REVISED STATUTES.
§ 11. As soon as the revised statutes are printed and bound, as required by this
act, they shall be delivered to the secretary of state, who shall cause the same to
be distributed and disposed of as in the next sec^tion is provided.
5 12. The revised statutes shall be distributed as follows:
First, To the secretary of state of the United States, for the use of the gen-
eral government, five copies.
Second, To the executive of each state and territory of the United States, for
the use of their respective governments, three copies.
Third, To the governor, auditor of public accounts, state treasurer, secretary
of state, attorney general, circuit attornies, warden of the peniten-
tiary, judges of the supreme and circuit courts, for the use of their
respective offices, each, one copy.
§ 13. The secretary of state shall transmit to the clerk of the circuit court of
each county, a sufficient number of copies, to be distributed among the officers
of the county, allowing one for each justice of the county court, justice of the
peace, sheriff, coroner and constable, within the county, and two for the office of
each clerk of a court of record.
{ 14. Four hundred copies of the revised statutes shall be distributed to the clerks
of the circuit courts, in proportion to their representation in the general assembly,
for sale at cost, to be determined by the superintendent.
§ 15. The clerks of the circuit courts, on receiving the revised laws for distribu-
tion, shall execute and deliver to the secretary of state, duplicate receipts therefor.
5 16. The several clerks of the circuit courts shall distribute the laws deposited
with them to the persons entitled thereto, according to the foregoing provisions, on
application to him for that purpose, and take receipts for the copies so distributed;
but in no case shall any officer be entitled to more than one copy for his own
use, although he may hold several offices.
§ 17. Of the two copies to be delivered to each clerk of a court of record,
one shall be for the use of the clerk in his office, and the other for the use of the
court of which he is clerk.
§ 18. Upon the expiration of the term of service, resignation or removal from
office, of any officer who shall have received a copy of the laws, he shall deliver
such copy to the clerk of the circuit court of his county; and in case of the death
of any such officer, his personal representatives shall return such copy to the clerk?
and the copy so returned shall be delivered by the clerk to the successor of such
officer.
§ 19. If any of the laws required to be returned by the last section, shall not be
returned within three months after the vacancyhappens, the delinquent shall forfeit
ten dollars, to be recovered by action of debt, in the name and to the use of the
state, and the clerk of the circuit court of the county in which any such delin.
quencies shall happen, shall prosecute a suit for the penalty.
§ 20. Five hundred copies of all acts passed, or which may be passed, at the
present session of the general assembly, not heretofore directed to be published
among the revised statutes, shall be published and distributed in the manner pre-
LAWS.— REVISED STATUTES. 3^3
scribed by an act to provide for the publicationof the laws and journals, and for other
purposes, approved eighth February, eigtheen hundred and twenty-five, except that
instead of marginal notes at the side, there shall be at the head of each chapter or arti-
cle, brief notes of the contents of the several sections thereof, in numerical order.
§ 21. The copies of the laws mentioned in the last section shall be delivered to
the secretary of state.
§ 22. The secretary of state shall cause to be delivered to the governor, auditor
of public accounts, state treasurer, attorney general, circuit attornies, each, one
copy, and to each clerk of a court of record two copies, one of which shall be
for the use of the court, and the other kept in the office of the clerk.
§ 23. All the copies of the revised statutes, and of the other laws, which shall
remain after the distribution hereby directed, shall be preserved in the office of
the secretary of state, subject to the order of the general assembly.
§24. Whenever the term "heretofore" occurs in any statute, it shall be con-
strued to mean any time previous to the day when such statute shall take effect;
and whenever the term "hereafter" occurs, it shall be construed to mean the time
after the statute containing such term shall take effect.
§ 25. W^henever in any statute, words importing the plural number are used in
describing or referring to any matters, parties or persons, any single matter, party
or person shall be deemed to be included, although distributive words may not be used.
5 26. Wlien any subject matter, party or person is described or referred to by
words importing the singular number or the masculine gender, several matters and
persons, and females as well as males, and bodies corporate as well as individuals,
shall be deemed to be included.
§ 27. The rules prescribed in the two last sections shall apply in all cases,
unless it be otherwise specially provided, or unless there be something in the sub-
ject or context repugnant to such construction.
§ 28. For the purpose of construction, the revised statutes passed at the present
session of the general assembly shall be deemed to have been passed on the same
day, notwithstanding they may have been passed or taken effect at different times;
but if any provision^ of different statutes are repugnant to each other, that which
shall have been last passed shall prevail, and so imrch of any prior provisions as is
inconsistent with such last provision shall be deemed repealed thereby.
§ 29. The act concerning crimes and their punishments, and the act to regulate
proceedings in criminal cases, passed at the present session, shall take effect on the
first day of December next, insteadof the time specified in an act declaring the time
at which laws shall take effect.
§ 30. From and after the first day of December next, the following acts shall
be repealed:
First, An act concerning crimes and punishments, approved twelfth of Febru-
ary, eighteen hundred and twenty-five.
Second, An act to regulate proceedings in criminal cases, approved fourteenth
Juanuary, eighteen hundred and twenty-five.
S84 LAWS.— REVISED STATUTES.
Third, An act to amend an act concerning crimes and punishments, approved
thirtieth of December, eighteen hundred and twenty-six.
Fourth, An act supplementary to an act concerning crimes and punishments
approved fifth January, eighteen hundred and twenty-nine.
Fifth, An act supplementary to the laws concerning crimes and misdemeanors
approved twelfth January, eighteen hundred and thirty-one.
Sixth, An act supplementary to the several acts concerning crimes and pun^
ishments, approved twelfth of January, eighteen hundred and thirty-
one.
Seventh, An act supplementary to an act to regulate proceedings in criminal
cases, approved thirtieth December, eighteen hundred and thirty.
Eighth, An act to change the manner of trying slaves for misdemeanors and
certain crimes, approved the eighteenth January, eighteen hundred
and thirty-one.
Ninth, An act to provide for a change of venue in criminal cases, approved
fourth of January, eighteen hundred and thirty-three.
Tenth, An act to provide for the establishment of a public hospital in the city
of St. Louis, approved eighteenth January, eighteen hundred and
thirty one.
§ 31. The following acts shall take effect from and after the fourth day of
July next:
First, An act to provide for electing two members to congress from this state.
Second, An act respecting clerks.
Third, An act creating the office of county surveyor and defining the duties
thereof.
Fourth, An act to regulate elections.
Fifth, An act to provide for the election of justices of the peace.
Sixth, So much of the act for levying, assessing and collecting the revenue,
as provides for the election of assessors.
§ 32. From and after the fourth day of July next, all acts of a general perma-
nent nature, which were in force at the commencement of the present session, and
which are repugnant to the laws put in force at that time by the preceding section
shall be repealed.
} 33. All other acts of a public, permanent and general nature, in force at the
commencement of the present session of the general assembly, and not herein
required to be continued in force, shall be repealed on the first day of December
next, except as in the next section specified.
} 34. The last section shall not be construed to repeal any of the provisions of
either of the following acts:
First, An act to provide for the final settlement of the business of the several
loan offices, approved eighth February, eighteen hundred and twenty-
five.
Second, An act supplementary to the last mentioned act, approved January
twenty-third, eighteen hundred and twenty-nine.
LAWS.— REVISED STATUTES. 385
Third, The several acts published in the revised edition of the laws, in the
year eighteen hundred and twenty-five, under the head, "seat of
government."
Fourth, All acts passed since the year eighteen hundred and twenty-five,
supplementary, or in addition to, the last mentioned acts, or relative
to the seat of government or any pubhc buildings, or the commission-
er thereof.
fifth, All acts providing for the sale, or disposition of the lands or public
property of the state.
Sixth, An act declaring a part of the river Aux Cuivre a public highway.
Seventh, An act declaring a part of Salt River a navigable stream.
Eighth, An act to protect the fisheries in the county of St. Louis, and Cuivre
township, in St. Charles county.
Ninth, An act concerning commons, approved second Deceniber, eighteen
hundred and twenty-four.
Tenth, The laws now in force on the subject of printing.
Eleventh, An act establishing and regulating inspections of tobacco, approved
the seventeenth January, eighteen hundred and tvi^enty-five.
Twelfth, An act prescribing the emblems and devices of the great seal of the
state of Missouri, approved eleventh January, eighteen hundred
and twenty-two.
\ 35. All acts of a private, local or temporary nature, in force at the commence-
ment of the present session of the general assembly, shall not be repealed by the
provisions of this act, but shall continue in force or expire according to their respec-
tive provisions and limitations.
} 36. The repeal of any statutory provision by this act shall not affect any act
done, or right accrued or establi'licd, or any proceedings, suit or prosecution had
or commenced in any civil case, previous to the time when such repeal shall take
effect, but every such act, right and proceeding, shall remain as valid and eftectual
as if the provisions so repealed had remained in force.
§ 37. No offence committed, and no fine, penalty or forfeiture incurred previous
to the time when any statutory provision shall be repealed, shall be affected by such
repeal, but the trial and punishment of all such offences, and the recovery of such
fines, penalties and forfeitures, shall be had in all respects as if the provision had
remained in force.
§ 3d. INo action, plea, prosecution or proceeding, civil or criminal, pending at the
time any statutory provision shall be repealed, shall be affected by /such repeal,
but the same shall proceed in all respects as if such statutory provision had not
been repealed, except that all such proceedings had after the time of taking effect
of the revised statutes shall be conducted according to the provisions of such
statute, and shall be in all respects subject to the provisions thereof, so far as they
are applicable.
5 39. If any person shall, after the taking effect of the act concerning crimes
50
306 • LEAD FURNACES.
and their punishments, passed at the present session, be convicted of any offence
committed before that time, he may openly pray the court before which the convic-
tion is had, that sentence be pronounced agreeably to the provisions of said act
for the like offence, in which case the court shall pronounce such sentence as would
have been pronounced if the offence had been committed after the taking effect
of the act before-mentioned.
§ 40. An act passed at the present session, entitled "an act declaring the time at
which laws shall take effect," is hereby repealed.
§ 41. This act shall take effect from its passage, and shall be published with, and
as a part of, the revised statutes.
Approved^ March 21 5/, 1835.
LEAD FURNACES.
An act diracting the fencing and enclosing of furnaces for the smelling of lead.
BBc. 1. Furnaces to be inclosed; in what manner
2. Penalty for neglect; liability to party injured, how damages to be sued for.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. That the owners or occupiers of every furnace, or other works, used fof
the smelting of lead in this slate, which now are, or hereafter shall be, erected
therein, shall be obliged, and they are hereby required to keep the same enclosed
w^ith a good and lawful fence, for the distance of at least ten yards from any part
of said furnace, or works, and in such manner as to prevent horses, cattle, or other
stock, from having access within the said inclosm-e; and also to keep and maintain
the said fences and enclosures in good order and repair, for and during the term
of six months after such furnace or works have been last made use of for the
smelting of lead.
§ 2. If any such owner or occupier of any furnace, or other works for the
smelling of lead, shall fail or neglect to make such enclosure, or to keep the same
in repair for the term of six months after the said furnace or works have been last
used as aforesaid, he, she or they, so neglecting or failing, shall forfeit and pay the
sum of one dollar for each and every day that the said enclosure ai'ound the said
furnace or works shall not have been so made and kept in repair, to be recovered
with costs before any justice of the peace, by any person owning stock in the vicin.
ity of such furnace, liable to be injured by licking thereat, who will sue for ihe same,
and shall also be liable to the party injured by such neglect, or refusal, for the value
of any horse, cattle, or other stock of any kind that may be killed by licking at the
said furnaces or works, or within the said distances of ten yards therefrom, to be
recovered with costs in any court having competent jurisdiction to.try the same:
Provided, That if any person, on his ceasing to occupy any furnace or works,
■hall leave the same enclosed according to the the provisions of this act, he shall
LEGISLATURE.— MEETING,— VACANCIES. 387
not be liable to pay the fine or damages by this act imposed, unless it shall appear
that the said owner or occupier removed or pulled down said fence, or caused the
same to be done.
Approved^ December \3th, 1834.
LEGISLATURE.— MEETING.
An act Jixing the time of meeiing of the general assembly. .
S«c. 1. General assembly to meet thirJ Monday in November, 1833, and every two years thereafter.
Be it enacted by the general assembly of the state of Missouri, as folloics :
§ 1. The general assembly of this state shall meet on the third Monday of No-
vember, in the year one thousand eight hundred and thirty-six, and on the third
Monday of November, every second year thereafter.
Approved, February 2Gth, 1835.
LEGISLATURE.— VACANCIES.
A71 act to Jill vacancies in the general assembly.
S«c. 1. Resignation of members how made; vacancies during the session, to be certified to the governor.
2. Governor to issue writs of election in all cases of vacancy.
3. Writs of election, how directed in certain cases.
4. Election to supply vacancies, how held; duty of sherilT.
5. District or county altered or divided, and new distiict entitled to elect a member, in Buch case election to flU
vacancy, in what district to be held.
Be it enacted by the general assembli/ of the state of Missouri, as follows:
{ !• If any member elected to either house of the general assembly shall resign
in the recess thereof, he shall address and transmit his resignation, in writing, to the
governor; and when any such member shall resign during any session, he shall
address his resignation, in writing, to the presiding officer of the house of which he
is a member, which shall be entered on the journals; in which case, and in all cases
of vacancies happening or being declared, during any session of the general
assembly, by death, expulsion or otherwise, the presiding officer of the house in
■which such vacancy shall happen, shall immediately notify the governor thereof.
§ 2. Whenever the governor shall receive any resignation or notice of vacancy,
or when he shall be satisfied of the death of any member of either house, during
the recess, he shall, v/ifhout delay, issue a writ of election to supply such vacancy,
§ 3. When any vacancy shall happen in the senate, for a district composed of
more than one county, the writ of election shall be directed to the sheriif of the
county first named in the law establishing the district; and when such vacancy
shall happen in a senatorial district, which shall have been divided or altered after
388 LEGISLATURE.— PETITION.
the general election next preceding the occurrence of such vacancy, the writ of
election shall be directed to the sheriff of the county first named in such old
district; and when any vacancy shall happen in either house, for any county -which
shall have been divided after the general election next preceding the occurrence
of such vacancy, the writ of election shall be directed to the sheriff of the old
county.
§ 4. The sheriff, to whom any writ of election shall be delivered, shall cause the
election to supply such vacancy to be held within the limits composing the county
or district at the time of the next preceding general election, and shall issue
his proclamation or notice for holding the election accordingly, and transmit
a copy thereof, together with a copy of the writ, to the sheriff of each of the
counties within which any part of such old county or district may lie, who shall
cause copies of such notice to be put up, and the election to be held accordingly
in such parts of their respective counties as composed a part of the old county
or district for which the election is to be held at the last preceding general election;
and the returns shall be made, and the certificate of election granted, in all things
as if no division had taken place.
§ 5. When any district or county shall be so altered or divided, during the term
for which a member shall be elected, and the new district or county shall be author^
ized to elect their member before the expiration of the term of the former member,
in that case the election to fill the vacancy shall be held for the district or county
as it shall remain after such alteration or division, and not as it was at the last
preceding general election.
Approved, March 2nd, 1835.
LEGISLATUR E.— P E T I T I O N.
An act respecting notice of petitions to the general assembly.
eac. 1. Petitioners to change county lines, erect new counties, or remove seats of juaticc, to give notice wlien and how.
Be it enacted by the general assembly of the state of Missouri, as follows. •
§ 1. No petition or petitions shall, after the end of this session of the general
assembly, be finally acted upon, which prays for the change of any county lines,
the erection of new counties, or the removal of the seat of justice in any county,
or which may effect the rights and interests of any person or persons, unless such
petitioner or petitioners shall give three weeks notice in some newspaper printed in
this state, at least two months before such person or persons shall present their
petition or petitions to the general assembly.
Approved, February ^6th, 18S5.
I
LEGISLATURE.— PROCEEDINGS. * 389
LEGISLATURE.— PROCEEDINGS.
An act to regulate proceedings of the general assembly in certain cases.
Sec. 1. Joint meeting, how organized.
2- President of the senate to preside; by what rules governed; power to punish for disorderly behavior.
3. Any member guilty of disorderly behavior, how punislied.
4. When and in what cases persons guilty of disorderly behavior may be ordered into custody.
5. Disturbing committee of either house, or joint committee, punisliable by the house.
6. Depositions may be taken and read before either house, &c.: when.
7. CommiEsloiis how and by whom issued, and depositions taken and returned.
8. Power of each house, or both houses, lo issue writs and process, S(c.,
9. Subpnenas to bo issued, &.C., process by whom issued, by whom attested, how and by whom executed.
10. Compensation of witnesses.
11. Costs and expenses to be paid out of the contingent fund, or by the party charged, if convicted.
12. Each house to control its own contingent expenses; bow ailjusted and certified.
13. Joint expenses hovf adjusted and certified; warrant to be drawn by the auditor, &c.
14. Majority of all present, necessary to determine elections; certificate, i^c., to be granted.
15. Power to administer oaths.
Be it enacted by the general assembly of the state of Missouri, as follows:
{ 1. When, by the laws or constitution of this state, a joint meeting of the senate
and liouse of representatives is required, they shall asseuible, with their clerks, on
the day and at the hour previously agreed on for that purpose, in the hall of the
house of representatives.
\ 2. When assembled, the president of the senate shall preside, and such meeting
shall be governed by such standing rules as shall have been adopted for that
purpose by the concurrence of both houses; they shall have power to punish any
person, other than a member, for disorderly or contemptuous behavior in their
presence, by fine and imprisonment, in the same manner and to the same extent,
as either house may do for like conduct before them, by the constitution of this
state.
§ 3. Any member of either house who shall be guilty of disorderly behavior in
the presence of such meeting, may be punished by the house of which he is a
member, in the same manner as if the offence were committed in the presence
of such house.
§ 4. If any person, whether a member or not, shall be guilty of any disorder in
the presence of either house or a committee of the whole, or in joint meeting of
both houses, while in session, the presiding officer of such house or joint meeting,
or chairman of the committee of the whole, may order such person into immedi-
ate custody; and the sergeant-at-arms, or the door-keeper, shall immediately take
such person into custody and detain him until the further order of the house, joint
meeting, or committee of the whole, before which the offence was committed.
§ 5. If any person, whether a member or not, shall disturb the proceedings of
any committee of either house, or be guilty of disorder in their presence, the house
appointing such committee may punish such person as if the like ofTence were
•ommitted in the presence of such house; and if such disorder or offence be com-
390 LEGISLATURE.— PROCEEDINGS.
mitted before a joint committee of both houses, the president of the senate shalf
issue process, and both houses in joint meeting proceed thereon.
§ 6. In cases not otherwise provided for by law, depositions may be taken and
read in either house, or before a committee thereof, or before both houses in join-t
meeting, in all cases where the taking and reading depositions would be allowed iii
any cause pending before any court of law.
§ 7. When necessary, the presiding officer of the house in which they are re-
quired, or of a joint meeting, may issue commissions to take such depositions
as a court of law; and the proceedings in taking and returning depositions shall
be the same as may be prescribed by law for taking depositions to be read in any
court of law.
§ 8. Each house, or both houses in joint meeting, may cause to be issued neces-
sary writs and process to summons and compel any person charged with any
offence, whereof they have jurisdiction, to appear before them, or any committee
thereof, and carry into execution their orders and sentences, and to summon and
compel the attendance of witnesses, in as full a manner as any court of law and
■with like effect.
^ 9. Subpoenas for witnesses shall be issued at the request of any member of
either house, or the party accused, or any member of any committee ; and all process
awarded by the house of representatives, and subpoenas and other process for wit^
nesses whose attendimce is required therein, or before any committee thereof, shall
be under the hand of the speaker, and attested by the chief clerk,and shall be executed
by the sergeant-at-arms, or a special messenger; and all such process awarded"
by the senate, or in a joint meeting of both houses, shall be under the hand of the
president, and attested by the secretary or chief clerk, and executed by their
sergeant-at-arms, or a special messenger.
§ 10. Every witness attending either house, or a committee thereof, or a joint
meeting of both houses, being summoned, shall have the same fees and travelling al-
lowance as for the time being shall be allowed by law to witnesses for their
attendance, to be paid as other costs.
§ 11. The fees of all officers and witnesses before either house, or a joint meet-
ing, and all other costs and expenses arising therein, shall be paid out of the con-
tingent fund of the house in which the proceedings are had, or if had in joint
meeting of both houses, then out of the contingent fund of the general assembly,
unless the party charged be adjudged to pay the costs and expenses, in which
[case] he shall pay them, and payment thereof may be enforced by execution.
} 12. Each house shall control its own contingent expenses; and when any
account, properly chargeable to the house of representatives, shall be adjusted and
allowed according to the rules of that house, a certificate thereof shall be granted,
signed by the speaker and attested by the chief clerk; and when any account or
demand for contingent expenses of the senate shall be allowed according to the
rules of that house, a certificate thereof shall be granted, signed by the president
and attested by the secretary.
LEGISLATURE.— COMPENSATION. 39 1
§ 13. All joint expenses shall be controlled by their concurrent vote, and shall
be ascertained and adjusted according to their joint rules; a certificate thereof shall
fee issued, signed by the president and countersigned by the secretary of the senate,
'and every such certificate shall specify the amount due, on what account, and the
fund out of which it is to be paid; and the auditor of pul.lic accounts, on the deliv^ery
of such certificate to him, shall draw his warrant therefor accordingly, as in case
of other demands against the state.
§ 14. In all elections made by either house, or by joint vote of both houses, the
votes of a majority of the members present shall be necessary to a choice; and
when such election shall l)e by joint vote, the president of the senate shall grant
"the person elected a certificate, which, in all cases where a commission is required,
shall be sufficient to authorize the granting such commission.
§ 15. The president of the senate, and speaker of the house of represen-
.tatives, may administer all oaths and affirmations to the officers of their respective
houses; and the president of the senate, speaker of the house of representatives, a
chairman of the committee of the whole, or a chairman of any standing or select
committee of either house, may administer oaths and affirmations to witnesses in
sny case under their examination.
Approved, Feh'uary 20th, 1835.
LEGISLATUR E.— C OMPENSATION.
A7i act to fix the pay of the general assembly and their officers.
Sec. ]. Compensation of president of the senate aiirt speaker of the house of representatives, and also of the memberi.
2. In cases of sickness, after arrival at the place of nieetiiig, compensation to continue.
3. Compensatmn of secretary of the senate, chief clerk, &c., other clerks, door-keeper and sergeant-at-arms.
4. Certificates for compensation, how granted and issued.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Each member of the general assembly shall receive three dollars for each
day he shall attend the house of which he is a member, and shall receive three
dollars for every twenty-five miles which he must travel in going from his resi-
dence to the place of meeting, and returning thence, estimating the distance by the
most usual road; the president of the senate and speaker of the house of repre-
sentatives shall each be entitled to receive four dollars and fifty cents for each day
he shall attend, and the same allowance for travelling as members.
§ 2. If the president of the senate, speaker of the house of representatives, or
any member, after his arrival at the place of meeting, be unable to attend by rea-
son of sickness, he shall be entitled to his daily allowance in the same manner as
when in attendance.
§ 3. The secretary of the senate, and the chief clerk of the house of representa.
lives, shall each receive five dollars per day, including two days after the adjourn-
ment of the general assembly ; and ^^every other clerk employed by either house
392 LIMITATION.
shall receive three dollars per day, and the door-keeper of each house three
dollars per day, and the sergeant-at-arms of each house shall receive one dollar
per day, while employed by the house, and such fees as shall be allowed for the ser-
vice of process by the house by which he is appointed.
§ 4. When any member or officer of either house shall present his account for his
compensation, and the same shall have been al.owed according to the rules of the
house to which he belongs, a certificate thereof shall be granted, specifying the
amount and on what account, and directing that the same be paid out of the appro-
priations made for the pay of the general assembly ; which certificate, in the case
of a member or officer of the senate, shall be signed by the president and attested
by the secretary; and in case of a member or officer of the house of representa-
tives, it shall be signed by the speaker and attested by the chief clerk; and upon
the presentation of such certificate to the auditor of public accounts, he shall draw
his warrant on the treasurer for the amount.
. Approved, Feb7'ua7-y 20th, 1835.
LIMITATION.
- An act prescribing the time of 'Commencing actions.
ART. I. Of the time of commencing actions relating to real property.
ART. II. Of the time of commencing actions for the recovery of any debt or damages, or of any personal property,
or of any penally or forfeiture given by any statute of this state.
ART. III. General provisions concerning the commenceinent of suits, and the persons and cases exempted from th»
operation of tl.is act.
ART. IV. Of the presumption of payment arising from the lapse of time.
ARTICLE L
Of the time of commencing actions relating to real property.
B«c. 1. Actions not to be commenced for lands, ., c., after the lapse of twenty years, unless it appear, &c.
2. When an entry upon lands, tenements, &c., shall be deemed sufficient or valid as a claim.
3. Right of person to possession not to be impaired, by descent cast in consequence of the death of the peraon in
possession.
4. Saving to persons under certain disabilities the right to make entry or bring action after disability remoTed-
5. If person under disability die, when, and within what time, his heirs may make entry or bring action.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. No action for the recovery of any lands, tenements or hereditaments, or
for the recovery of the possession thereof, shall be maintained, unless it appear that
the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the
premises in question within twenty years before the commencement of such action.
§ 2. No entry upon any lands, tenements or hereditaments, shall be deemed
sufficient or valid as a claim, unless an action be commenced thereupon within one
year after the making of such entry, and within twenty years from the time whea
the right to make such entry descended or accrued.
LIMITATION. 393
§ 3. The right of any person to the possession of any lands, tenements or here,
ditaments shall not be impaired or aflected by a descent cast in consequence
of the death of any person in possession of such estate.
§ 4. If any person entitled to commence any action in this article specified, or to
make any entry, be, at the time such title shall first descend or accrue, either,
First, Within the age of twenty-one years; or,
Second, Insane; or,
Third, Imprisonedon any criminal charge, or in execution upon some convic"
tion of a criminal offence, for any term less than life; or,
Fourth, A married woman.
The time during which such disability shall continue shall not be deemed any
portion of the time in this article limited for the commencement of such suit, or the
making such entry, but such person may bring such action, or make such entry
after the time so limited, and within ten years after such disability is removed, bu^
not after that period.
§ 5. If any person entitled to commence such action, or to make such entry, die
during the continuance of any disability specified in the preceding section, and no
determination or judgment be had of the title, right or action to him accrued, his
heirs may commence such action or make such entry after the time in this article
limited for that purpose, and within tenyears afterhis death, but not after that period.
ARTICLE n.
Of the time of comm.encing actions for the recovery of any debt or damages, or of any
personal property, or of any penalty or forfeiture givenby any statrttc of this state.
Sec. 1. Actions of debt founded on writing, &c., assumpsit on writing for money, &;c., to be brought in ten years.
2. Actions for debt, penalties, trespass upon real or personal property, account, detinuo, trover or trespass on the
cases not otherwise provided for, to be brought within five years.
3. Actions upon accounts for goods, wares, S^-c, store account, assault and battery and false imprisonment, within
two years.
4. Actions of replevin, and for slander, to be commenced within one year.
5. Saving to persons under certain disabilities the right to bring action after disability removed.
6. If person under disability die, when and within v/hat time his executor or administrator may bring action.
7. Construction of this article in certain cases, if the defendant be out of the state before, or depart after the
cause of action accrues.
§ 1. The following actions shall be commenced within tell years after the cause
of such action accrued, and not after:
First, All actions of debt founded on any writing, whether sealed or unsealed.
Seco7id, All actions of assumpsit founded on any writing for the direct pay-
ment of money. *
§2. The following actions shall be commenced within five jears after the cause
of such action accrued, and not after:
First, All actions of debt founded upon any contract or liability, and not hi
this act otherwise specially limited, nor brought upon any judgment
or decree of any court.
51
394 LIMITATION.
Second, All actions for the recovery of any penalty or forfeiture given by any
statute of this state.
Thb'd, All actions of trespass upon real or personal property.
Fourth, All actions of account, detinue, assumpsit, trover or trespass on the
case, not in this act otherwise limited.
§ 3. The following actions shall be commenced within two years after the cause
of such action accrued, and not after:
First, All actions on open accounts for goods, wares and merchandize, sold
and delivered.
Second, All actions for any article in a store account.
Third, All actions for assault and battery.
Fourth, All actions for false imprisonment.
§ 4. The following actions shall be commenced within one year after the cause
of such action ar.r.rued, and not after:
First, All actions of replevin.
Second, All actions for slanderous words spoken.
§ 5. If any person entitled to bring an action in this article specified, at the time
the cause of action accrued, by either.
First, Within the age of tv/enty-one; or,
Second, Insane; or,
Third, Imprisoned on a criminal charge, or in execution under a sentence Of
a criminal court, for a term less than for his natural life, or,
Fourth, A married woman,
Such persons shall be at liberty to bring such actions within the respective
times in this article limited, after such disability is removed.
{ 6. If any person entitled to bring any action in this article specified, die before
the expiration of the tirne herein limited for the commencement of such suit, if
such cause of action shall survive to his representatives, his executor or adminis-
trator may, after the expiration of such time, and ^vithin one year after such
death, commence such action, but not after that period.
5 7. If at the time when any cause of action specified in this article accrues
against any person, he be out of this state, such action may be commenced w^ithin
the times herein respectively limited, after the return of such person into the state;
and if after such cause of action shall have accrued, such person depart from and
reside out of this state, the time of his absence shall not be deemed or taken as
any part of the time limited for the commencement of such action.
ARTICLE III.
General provisions concerning the commencement of suits, and the persons and cases
exempted from the operation of this act.
8«<3. 1. Alien or citizen of any country at war with the United States, time not to be computed under this act during
such war.
2. Preceding section not to apply to actions for penalties or forfeitures given by law.
3. Further saving in cases of nonsuit, judgment arrested or reversed; actions in such cases may survive, and
against whom.
LIMITATION. 395
Sec. 4. If defendant die after suit commenced and before judgment, if action survives, when and against wbom new
suit may be brought.
6. Suit abated by death of plaintiff, in what cases, within what time, and by whom new suit may be brought.
6. Suit stayed by injunction, time during wliich it is in force not to be computed.
7. Disability under this act not to avail, unless it existed at the time the right accrued.
8. Cases in which, by the act of the defendant, limitation shall not extend.
9. Two or more disabilities, all must be removed before limitation shall attach.
10. This act not to extcnj to actions limited by otlior statutes.
11. This act to apply only to cases accruing after this act takes effect.
§ 1. Whenever any person shall be disabled to prosecute in the courts of this
state, by reason of his being an alien subject, or citizen of any country at war with
the United States, the time of the continuance of such war shall not be deemed
any P-^^ of the respective periods limited in the preceding articles of this act for
th * kif^o^ ^^^ entry, or the commencement of any action.
irThe prt^ceding seC'Jon shall not apply to actions for any penalty or forfeit-
ure eiven by any statute of this state. . , . , . .• i .
6 3 If any action shall have bee,: commenced wUhm the t.mes respectively
pvescribed in the preceding articles of this act, and the plain. ,fl therem sutler a
ro„Iit,or,aftera verdict for hin,, the judgment be arrested, or, after a judgment for
h^,thesa ,e be reversed on appeal or error, such plaintifT may commence a new
acU™, from lime to time, within one year after such non-su,t sufTered, or such judg-
mem arrested- or reversed and if the cause of action survive or descend to
W hei or u Vive to his executors or administrators, they may m l.ke manner,
commence a new action within the ti„.e herein allowed to such plamt.ff.
T If any action shall have been commenced within the times respecfvely
pr sc'ri edTn the preceding articles of this act, and the defendant m such su.t d.e
:eS-nt, an'd if the nght of action be such as survives ^S™- J ^^3-;
tatives of the defendant, the plaintiff may commence a new action agamst the hens,
X cu ol or administrltors o'f such defendant, as the case may requn. w; m n
vear after such death; or if no executors or admm.strators be appourted w.thm Ira
^imMhe" within one year after letters testamentary or of admm.strat.on shall
'T^' Wljr:?!:: * c:;menced within the time prescribed by law shall abate
by re'ason of the death of the plaintiff, if the right of action survive '" h'--^P«-
sentatives,his executor, or adminis,rator,may, within one yearafter suchdeath, com-
nrence a new action, if the cause of such action would otherwise survive; and if
any atrn so commenced by an executor or adnrinistrator abate by the death of the
plaintiff, a new action may be commenced by the administrator of the same estate,
at any time within one year after such ^^^^^ ,^ ^, , , ,„ i„j„„etion
S 6. Whenever the commencement ot any suitshall be s aye > j
of any court of equity, the time during which such ■»^"-"- ^^a be m fmce
shall not be deemed any portion of the time m this act limited fo. the commence
"Tv "Not^s^n'shall avail himself of any disability enumerated in this act, unless
such disability existed at the time his right of action or of entry accrued.
396 LIMITATION.
§ 8. If any person, by absconding or concealing himself, or by any other im-
proper act of his own, prevent the commencement of any action in this act
specified, such action may be commenced within the times herein respectively
limited after the time the commencement of such action shall have ceased to be so
prevented.
§9. When there are two or more disabilities existing at the time the right of ac-
tion or entry accrued, the limitation herein prescribed shall not attach until all such
disabilities be removed.
§ 10. The provisions of this act shall not extend to any action which is, or shall
be, otherwise limited by any statute, but such action shall be brought within the
time limited by such statute.
§ 11. The provisions of this act shall not apply to any actions commenced, nor
to any cases where the right of action or of entry shall have accrued before the
time when this act takes eiTect, but the same shall remain subject to the laws now
in force.
ARTICLE IV.
Of the presumption of payment arising from the lapse of time.
SfC. 1. Judgmentg and decrees, presumed to be satisfied after the lapse of twenty years, how and when repelled.
2. Sealed instruments of writing, for payment of money, presumed to be paid after lapse of twenty years, pre-
sumption how repelled.
§ 1. Every judgment and decree of any court hereafter rendered or made, shall
b^ presumed to be paid and satisfied after the expiration of twenty years from the
time of giving such judgment or decree; and every judgment and decree rendered
or made at the time this act shall take effect, shall be presumed to be paid and ,
satisfied after the expiration of twenty years from the time this act shall take effect;
but in any suit at law or equity, in which the party against whom such judgment
or decree was rendered, or his heirs or personal representatives, shall be a party,
such presumption may be repelled by proof of payment, or of written acknowl-
edgment of indebtedness, made within twenty years, of some part of the amount
recovered by such judgment or decree. In all other cases it shall be conclusive.
} 2. Every sealed instrument of writing, for the payment of money hereafter
made, shall be presumed to be paid and satisfied after the expiration of twenty
years from the time such action shall accrue; and every sealed instrument of wri-
ting, for the payment of money heretofore made, shall be presumed to be paid and
satisfied after the expiration of twenty years from the time this act shall take effect
and such right of action shall accrue, but such presumption may be repelled by
proof of payment of some part, or by proof of a written acknowledgment of
such right of action within that period.
Approved, March \6(h, 1835.
LOST MONEY AND GOODS. 397
LOST MONEY AND GOODS.
A71 act respecting lost money and goods.
Skc. 1. Persons finding money, goods, &.c., to make affidavit of the fact, &c., within ten days, before a justice of the
peace.
2. Justice may summon three houseliolders tn appmise the same.
■ 3. Duty of appraisers; two lists of appraisement to be made out, Sfc; one delivered to the finder and one to the
justice. .
4. Justice to file such list; finder to transmit copy to the clerk of the county court within fifteen days.
5. Advertisements, within what time and where to be put up by the finder.
6. Proceedings, if no owner appear within forty days; duty of the finder, and when the property shall vest in him.
7. If the owner appear within one year and prove property and pay charges, property to be restored to him.
8. If the finder fail to restore such money, or property, or the value, the owner may recover the same; how.
9. Finder failing to make discovery, penalty.
Be it enacted by the general assembly of the state of Missoiiri^ as follows:
§ 1. If any person find any money, goods, or other valuable thing, worth
more than ten dollars, the owner of which is unknown, he shall, within ten days,
make an affidavit before some justice of the county, stating when and where he
found the same, that the owner is unknown to him, and that he has not secreted'
withheld or disposed of any part of the same.
§ 2. Such justice shall then (if necessary) summon three disinterested house-
holders to appraise the same.
§ 3. Such appraisers, or two of them, shall make two lists of the valuation and
description of such property, money or other valuable thing, and sign and make
oath to the same, and shall deliver one of the lists to the finder and the other to the
justice of the peace.
{ 4. The justice shall file such list, and the finder shair transmit a copy of the
same to the clerk of the county court within fifteen da vs.
§ 5. The finder shall set up at the court houre door, and four other public places
in the township, a copy of such valuation within ten days.
5 6. If no owner appear and prove the money or property within forty days,
and the value exceed twenty dollars, the finder shall, within thirty days, cause a
copy of the description to be inserted in some newspaper in this state for three
wrecks, and if no owner prove the property within one year after such publication,
the same shall vest in the finder.
9 7. If within one year any owner appear and prove the property and pay all
reasonable charges, the finder shall restore the same to him.
§ 8. If the finder fail to i-estore such money or property, or the appraised value
thereof, the owner may recover the same by action in any court having jurisdiction.
5 9. If any person find any money, property, or other valuable thing, and fail to
make discovery of the same, as required by this act, he shall forfeit to the owner
double the value thereof.
Approved^ March 10//?, 1835.
398 LOTTERIES.-M^.^KS AND BRANDS.
LOTTERIES.
An act for the entire abolition of lotteries.
Sec 1. Lotteries, and devices in the nature of lotteries, abolislied.
2. Penalty on persons engaged for the sale of lottery tickets, or in any manner evading the provisions of this acf
3. This act not to extend to lotteries now autliorized by any law of this state.
Be it enacted by the general assembly of the state of Missouri, as follows:
5 1 kit^^ ^'^® ^^^^ ^^^ °^ January, one thousand eight hundred and thirty-six,
all and every lottei"*'' ^^^^ lotteries, and device and devices in the nature of lotte-
ries, shall be utterly anci cr^^'^y abolished.
§ 2. After the day aforesaid, a^y person who shall sell or expose to sale, or cause
to be sold or exposed to sale, or shall keep on hand for the purpose of sale, or shall
advertise or cause to be advertised for sale, or shall aid or assist, or be in any
wise concerned in the sale or exposure to sale of any lottery ticket or tickets, or
any share or part of any lottery ticket, in anj' lotteries, or device in the nature
of a lottery, within this state or elsewhere; and any person or persons who shall
advertise, or cause to be advertised, the drawing of any scheme in any lottery, or
device in the nature of a lottery, and shall be convicted thereof in any court of
competent jurisdiction, shall, for each and every such offence, forfeit and pay a
sum not less than five hundred dollars, and not exceeding ten thousand dollars;
or be sentenced to undergo an imprisonment not exceeding six months, at the
discretion of the court or jury who may try the same .
} 3. The foregoing provisions shall not be construed to extend to any lottery, or
the sale of any ticket in any lottery; now authorized by any law of this state.
Approved January '2Ath, 1835.
MARKS AND BRANDS.
All -act to regulate marks and brands.
Skc. 1. Owners of horses, cattle, &c., to have a mark and brand.
2. A description to be delivered to, and recorded by, the clerk.
3. At what age to brand and mark.
4. Disputes concerning mark or brand, how decided.
5. Not more than one mark or brand to be used in the same family.
6. Penalty for using mark or brand not recorded, or permitting more than one to be used.
7. Penalty to alter or deface mark or brand; prosecution for, within what time commenced.
8. Penalty for mis-marking or mis-branding
9. Persons killing hogs or cattle in the woods, to show head and ears to justice or two householders; penalty for
neglect.
10. Penalty for concealing offences in the two preceding sections; construction as to costs, &c.
H. Minors, &c., may have marks and brands for stock chiming by descent, gift or devise.
12. Appropriation of penalties under this act, and how recovered.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1 . Every person who hath horse, cattle, hogs or sheep, shall have a mark and
brand, different from the mark and brand of his neighbors.
§ 2. Every person shall deliver to the clerk of the county court a description of
his marker brand, who shall record the same in a book to be kept for that purpose.
MARKS AND BRANDS. 399
§ 3. Every person shall brand his horses or mules over eighteen months old,
and mark all his hogs and sheep over six months old, and mark or brand his cattle
over twelve months old.
§ 4. If any dispute shall arise concerning any mark or brand, it shall be decided
by the record of the clerk.
{ 4. No person shall use more than one mark or brand for his stock; and no minor*
iivmg with his parent or guardian, shall use any mark or brand other than that of
his parent or guardian, nor shall any apprentice or servant use any mark or brand
other than that of his master.
§ 6. If any person use any mark cr brand, other than the one recorded, or
use more than one mark or brand, or suiTor his child, ward, apprentice, or servant
to use a separate mark or brand for any stock, he shall forfeit the stock so branded
or marked, and. the value thereof.
§ 7. If any person alter or def\ice the mark or brand of any other person, for
every horse and every head of other stock whose mark or brand he shall alter or
deface, [he] shall forfeit not exceeding one hundred dollars. Such prosecution shall
be instituted within six months after the discovery of the offence.
§ 8. If any person wilfully, and with intent to defraud, mis-mark or mis-brand
any horse or other stock, not his own, he shall forfeit five dollars over and above
the value thereof.
§ 9. If any person kill any hog or sheep, or any head of neat cattle running at
large, he shall, within three days, show the head and ears of such hog, and the hide,
with the ears of such sheep or cattle, to some justice of the peace or two respecta-
ble householders, under the penalty of ten dollars.
§ 10. If any person see another person in the commission of any of the offences
mentioned in the two preceding sections, and shall not give inf(;>rmation thereof,
within ten days thereafter, to some justice of the peace, he shall forfeit ten dollars:
but this section shall not be so construed as to subject the person giving informa.
tion to any costs in the event of the acquittal or discharge of thej person charged,
if the court or justice shall be of opinion there was probable cause for giving such
information.
§ 11. Nothing in the fifth or sixth sections of this act shall ex^ tend to any stock
which shall descend to any minor, servant or apprentice, by the giVt or devise of
any person, other than his guardian or master; but the brands and marks of such
minor, apprentice or servant, shall be recorded as other marks an d 1 brands.
§ 12. All penalties imposed by this act may be recovered for the use of the
county in which the offence is committed, by indictment or by civil action, m any
court having jurisdiction.
Approved, February 26th, 1835.
400 MARRIAGE CONTRACTS.
MARRIAGE CONTRACTS. ^
A71 act conceiving marriage contracls.
S«c. 1. To be in writing, scaled and acltnowledged, or proven.
2. How acknowledged, or proved and certified.
3. Acknowledged or proved, to be recorded; in what counties.
4. When deposited for record, to impart notice, &.c.
5. Shall not affect third person until delivered for record.
6. If duly acknowledged, certified and recorded; received in evidence.
7. And if lost, &c., a copy duly certified, evidence.
Be it enacted by the general assembly of the state of Missouri, as folloios:
{ 1. All marriage contracts whereby any estate, real or personal, is intended to
be secured or conveyed to any person or persons, or where said estate may be
effected in law or equity, shall be in writing, sealed and acknowledged by each of
the contracting parties, or proved by one or more subscribing witnesses.
§ 2. Man'iage contracts shall be acknowledged or proved before a court of record,
or some judge, justice, or clerk of a court of record, of the state in which the con-
tract is executed, which acknowledgment or proof shall be taken and certified in
the same manner as deeds of conveyances for land are, or shall be required by law
to be acknowledged or proven and certified.
§ 3. When any marriage contract shall be acknowledged or proved, it shall be
recorded, with the certificate of proof or acknowledgment, in the office of the
recorder of every county in which any estate in the county thereby intended to
be conveyed or affected, shall be situate or may be found.
) 4. When a marriage contract is deposited in the recorder's office, for record, of
any county, it shall (as to all property effected thereby, where the same is deposited)
impart full notice to -all persons of the contents thereof.
§ 5. No marriage contract shall be valid or affect any property, (except betw'een
the parties thereto, and such as have actual notice thereof,) until it shall be deposit-
ed for record with the recorder of the. county wherein such property is situated
or found.
§ 6. Marriage contracts, duly proved or acknowledged, certified and recorded,
shall be received in evidence in any court of this state, without further proof of
their execution.
§ 7. When it shall appear to the court that a marriage contract, duly acknowl-
edged, or proved and recorded, is lost, or is not in the powder of the party wishing
to use it, a copy thereof, duly certified under the hand and seal of the recorder,
may be received in evidence.
Approved, January 22d, 1835.
Fkc.1.
2.
3.
4.
5.
MARRIAGES. .^,
401
MARRIAGES.
^n act rpgulaiing marriages.
Marriage In law, a civil contract; assent of parties is essential.
Within what degrees marriages declared to be incestuous and void; extends to illegitimate as well as Te^itlmata
children. '^
Marriage of white person with negro or mulatto, illegal and void.
Penalty on whoever shall contract marriage in fact, or solemnize marriage, contrary to the two preceding
sections. ■
Marriage without the state, if valid when contracted, shall be valid in this state.
6. Who may perform the ceremony of marriage in this state.
7. Males under the age of 21, and fen.ales under 13, t.ot to be joined in marriage without consent of parent o,
guardian.
a Certificate of consent of parent or guardian to be registered and filed in the office of recorder; penalty for
joining minor in marriage, without consent &c., and how recovered.
9. Persons authorized to solemnize matrimony, to ksep record of marriages', and file certificate of marriage witft
the recorder; penalty for neglect
10. Recorder to register certificates of marriage; fees of recorder; penalty for neglect.
11. Religious societies may solemnize matrimony according to their own rules; their duty in such cases.
12. Record of marriages and copies certinea, (v^., evidence
13. Penalty for making false return of marriage, &c., or recorder making false entry of return, &c.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Marriage is considered in law as a civil contract, to which the consent of
the parties capable in law of contracting is essential.
§ 2. All marriages between parents and children, including grand parents and
grand children of every degree; between brothers and sisters, of the half as well
as of the whole blood, and between uncles and nieces, aunts and nephews, are
declared to be incestuous, and absolutely void. This section shall extend to ille-
gitimate as well as to legitimate children and relations.
§ 3. All marriages of white persons with negroes or mulattoes, are declared to
be illegal and void.
} 4. Whoever shall contract marriage in fact, contrary to the prohibitions in the
two sections next preceding, and whoever shall solemnize any such marriage, shall
be deemed guilty of misdemeanor, and shall, upon conviction, be punished'' by fine
or imprisonment, or both, at the discretion of the jury which shall try the cause;
or, if the conviction be by confession, or on demurrer, at the discretion of the
court.
§ 5. All marriages contracted without this state, which would be :valid by the
laws of the country in which the same were contracted, shall be valid in all courts
and places within this state.
§ 6. EA^ery judge and justice of the peace, and every licensed or ordained
preacher of the gospel, may perform the ceremony of marriage in this state.
§ 7. JXo judge, justice of the peace, preacher of the gospel, or other person,
shall join in marriage any male under the age of twenty -one years, or female under
the age of eighteen years, unless the parent or guardian, or other person under
•whose care and government such minor may be, shall be present and give consent
thereto, or unless the minor applying shall produce a certificate in writing, under
52
402 MARRIAGES.
the hand of the parent or parents, or guardian, or if such minor has no parent ot
guardian, then under the hand of the person under whose care and government he
or she may be, which certificate shall be proved to be genuine by the oath or affir-
mation of a person of full age and discretion, who was present at the signing of
the same, and affixed his or her name thereto.
§ 8. Any person who shall marry any minor, by virtue of a certificate proved as
above, shall register the same in a book to be by him kept for the purpose,and,within
three months, shall transmit the certificate to the recorder of the county in which
the marriage was solemnized, to be filed and recorded in his office; and if any such
person shall join in marriage any minor, without first having such certificate, or the
presence and consent of the parent or guardian, or other person having the care and
government of such minor, such person shall forfeit three hundred dollars, to be
recovered, with costs of suit, by action of debt, in any court having cognizance
thereof, by the parent, guardian, or person having charge of such minor, the one
half of the said forfeiture to the use of the county, and the other half to the use -of
the person who shall prosecute for the same.
§ 9. Every person having authority to join others in marriage, shall keep a record
of all marriages solemnized before him, and, within three months, transmit a certifi-
cate of every marriage (containing both christian names and surnames) to the
recorder of the county in which the marriage took place; and if any person shall
neglect or refuse to make return of all the marriages solemnized befofe him, within
the time above required, he shall, for every offence, forfeit the sum of fifty dollars,
to be recovered, with costs, by the recorder or any person who will prosecute for
the same, by action of debt, in any court having cognizance thereof.
} 10. The recorders of the several counties in this state shall record all such
returns of marriages in a book to be kept for that purpose, within one month after
receiving the same, for which he shall be allowed, for every entry, fifty cents, to
be paid by the person married, to the person who shall perform the ceremony, and
by him transmitted to the recorder; and if any such recorder shall refuse or neglect
to record, within the said time, any such return to him made, he shall forfeit one
hundred dollars, to be recovered, with costs, by any person who will prosecute for
the same, by action of debt, in any court having cognizance thereoi.
} 11. It shall be lawful for every religious society to join together in marriage
8uch persons as are of the said society, according to the rites and customs of the
society to which they belong; the clerk or keeper of the minutes, proceedings, or
other book of the religious society wherein such marriages shall be had, or if there
be no such clerk or keeper of the minutes, then the moderator or person presiding
in such society, shall make out and transmit to the recorder of the county a certifi-
cate of the marriage, and the same shall be recorded in like manner as is provided
in the ninth and tenth sections of this law.
} 12. The book of marriages to be kept by the respective recorders, and copies
thereof, certified by the recorder under his official seal, shall be evidence in all
courta.
i
MERCHANTS. 4OS
§ 13. If any person authorized to solemnize any marriage shall wilfully make a
false return of any marriage, or pretended marriage, to the recorder, or if the re-
corder shall wilfully make a false record of any return of a marriage to him made,
such person so offending shall he [deemed], guilty of a misdemeanor, and shall be
punished by fine or imprisonment, or both, at the discretion of the court.
Approved, February 20//?, 1835.
MERCHANTS.
An act to license and tax merchanU.
Skc. 1. Who deemed a merchant.
2- Penalty for dealing as a merchant, without license.
3. Tax of fifteen dollars for every six months, to he levied and collected on each merchant'* lissnM.
4. Merchants when they apply for license, to render, on oath, account of goods received, &c.
5. On account rendered and tax paid, license to he granted hy the collector.
6. Not authorized to carry on the business of merchandizing at more than one place at the same time.
7 Shall not sell wine or ardent spirits under such license, in less quantity than one gallon ; penalty for to
doing.
Be it enacted hy the general assembly of the state of Missouri, as follows:
{ 1. Every person, or co-partnership of persons, who shall deal in the selling of
goods, wares or merchandize, at any store, stand or place occupied for that purpose,
is declared to be a merchant.
§ 2. No person or co-partnership shall deal as a merchant without a license first
obt;:ined, according to law; and every person or co-partnership so offending, shall
forfeit to the state not less than fifty nor more than five hundred dollars for every
offence.
§ 3. There shall be levied and collected on every merchant's license, a tax of
fifteen dollars for every period of six months.
§ 4. In order to enable the collectors of the revenue to ascertain the amount of
tax upon taxable merchandize, according to law, every merchant, at the time of
applying for license, shall make out and deliver to the collector of the revenue a
full and fair written aggregate statement, verified by oath or afllirmation, of all tax-
able merchandize received for sale at his store, stand, warehouse, or other place of
business, within six months next preceding.
} 5. The collector of the revenue for the proper county shall grant a merchant's
license for the term of six months, to any person or co-partnership who may apply
for the same, upon the delivery of the written statement above required, and
payment of the tax upon the license, and the tax laid by law upon the value of the
merchandize, together with the clerk's fee of fifty cents for issuing the same.
} 6. No such license shall authorize any person to carry on the business of mer-
chandizing in any other county than that in which the license was granted, nor at
more than one place in the proper county at one time.
404 MILLS AND MILLERS.
§ 7. No such license shall authorize any merchant to sell wine or ardent spirits
in less quantity than one gallon, nor in any quantity to be drank at his store, stand,
warehouse, or other place of business; and every merchant who shall offend against
the provisions of this section, shall forfeit to the county the sum of fifty dollars for
each offence.
Approved^ March lUlh, 1835.
MILLS AND MILLERS.
An act concerning mills and millers, and the rates of toll.
8lc. 1. What deemed public mills,
2. Water mills built nnder order of court, ^c, deemed public mills, shaf] grind four days in the ttSA^
8. Grinding to be in turn, &c., but owners of ox, horse or steam mills, may grind their own grain.
4. Rates of toll for every public mill,
5. Duty of owner of mill where bolting machine is turned by hand
6. Millers accountable for safe keeping of grain, &c.; to deliver flour, meal, &.C., to owner, agent or BerTkM
7. Millers not accountable for accidental loss, nor for bags or casks not branded.
8. Rates of toll to be set up in tlie mill; when and how.
9. Millers to give due attendance to their customers.
10. Millers to keep at public mills, sealed measures.
11. Penalty on owner or occupier of public mill, for violation of this act ; how recovered
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. All grist mills which grind for toll, are hereby declared public mills.
§ 2. Every water grist mill that has heretofore or shall hereafter be built and es-
tablished on any water course, by authority of any statute or lawful order of any
court, is hereby declared to be a public mill, and shall grind for customers at least
four days in each week.
§ 3. All grain brought to a public mill shall be ground in turn as the same shall
be brought, and shall be ground as well as the nature and condition of the mill will
permit; but nothing in the preceding provisions shall be so construed as to prevent
the owners or occupiers of ox, horse, or steam mills, from grinding their own grain.
5 4. The owner or occupier of every public mill shall be entitled to toll all grain
ground thereat according to the following rates. 1st. If a water or steam mill,
the one eighth part and no more. 2nd. The owner or occupier of any horse or ox
mill, the one fifth part, when the owner or occupier of such mill finds the team for
grinding the same, and when the team shall be furnished by the owner of the grain
and with consent of the owner or occupier of the mill, the toll shall be the same as
is allowed to the owner or occupier of a water mill, or steam mill, and no more.
§ 5. When the bolting machine of any mill shall be so constructed as to require
to be turned by hand, the owner or occupier of the mill shall only be bound to per-
mit the owner of the grain to use the same, in order to comply with the second
clause of the last preceding section.
5 6. The owner or occupier of a public mill shall be accountable for the safe
keeping of all grain received for the purpose of being ground, and shall, when
MILLS AND MILL DAMS. 405
called for, deliver the flour, meal, hominy, or malt, made therefrom, together with
the bags or casks in which the grain was received, to the owners, or the agents or
servants of such ovi^ners.
{ 7. The last preceding section shall not be so construed as to charge the owner
or occupier of a public mill, or make him liable for the loss of grain, bags or casks,
where such loss shall happen without the fault or neglect of such owner or occu-
pier, or by inevitable accident; but no such owner or occupier of a mill shall pay
for any bags or casks that are not branded or marked with the owner's name.
§ 8. There shall be set up and kept in every public mill, by the owner or occu-
pier thereof, in some conspicuous place therein, a statement of the rates of toll for
grinding, as established by law, at least three months in each year.
} 9. The owner or occupier of a public mill shall, when his mill is in repair and
fit for business, give due attendance to his customers and assist in loading and
unloading all grain which shall be brought by them for the purpose of being ground,
and the material which shall be made thereof.
{ 10. There shall always be kept at a public mill, by the owner or occupier
thereof, a half bushel and a peck measure, tried and sealed by the clerk of the
county courts and proper toll dishes for such measures.
§ 11. For every breach of any of the provisions of this law, by the owner or
occupier of a public mill, he shall forfeit and pay to the party aggrieved by such
breach, ten dollars, to be recovered by action of debt, with costs.
Approved, March 19th, 1835.
MILLS AND MILL DAMS.
An act concerning mills and mill dams.
B«c. 1. Person who is the proprietor of the land on both sides of a water course, may erect a dam ; when.
2. Owning the land only on one side of the stream, may erect a dam ; when.
3. In case where the person owns tlie land on both sides of the stream, petition to be filed.
4. What facts shall be set forth in the petition.
5- When the person owns the land on one side of the stream only, petition to be filed; what facta It Bhall
contain, &.c.
6. Upon filing the petition, writ of ad quod damnum to issue; what it shall contain. Sec.
7. Duty of the sheriff; facts to be enquired of by the jury.
8. Where land is only owned by petitioner on one side of the stream, what further facts to be enquired of, &c.
9. Before taking the inquest in such case, proprietor of the one acre, &c., to be notified, and how; power of
the sheriff.
10. Inquest to be in writing and signed by the jurymen; duty of the sheriff in making return, &c.
11. Duty of the court on return of inquest ; persons concerned to be summoned.
12. Summons in such case, how served.
13. Upon view of such inquest returned, and other evidence, when and in what cases court shall not permit
dam to be erected.
14. Upon such view, court to give permission to erect a dsra; when,
15. The acre of land condemned, shall be vested in petitioner by decree of court.
16. The order and decree authorized by the two preceding sections, &c., subject to conditions.
17. What those conditions are.
18. Mill dam, &c., destroyed, three years given to rebuild ; reservation in favor of persons under disability.
19. Non-compliance in building, &c., where land of another has been decreed by the court, land to revert.
20. Dams may b9 raised by permission of the court, under tho proceedings allowed by this a«t.
406 MILLS AND MILL DAMS.
fl«c. 21. Effect and estent of Inquest of jury and order of court in such case.
22. Penalty on person building or raising dam without authority of law.
23. Dniiis, stopiiagcs, &c., not made according to law, deemed public nuisances and dealt with accordingly. J
24. Persons having authority to build dam, &c., by tliis act, failing, &c., owner of the land on the opposite. I
side may build, &c. ■
\
Be it enadcdhij tliegcneral assembhj of ilie state of Missouri, as follows:
§ 1. Any person may erect a dam across any water course, not being a naviga-
ble stream, if such person is the proprietor of the land through which the water
course runs, at the point where he proposes to erect his dam, by proceeding as in
this law provided.
5 2. Any person being tlie owner in fee simple of only the land on one side of a j
water course, including part of the bed of such water course, at the point where he '
proposes to erect a dam, may, nevertheless, erect such dam by proceeding as in
this law is provided.
§ 3. In the case supposed in the first section, the person proposing to erect a dam
shall file his petition for that purpose in the circuit court of the county in which he
proposes to erect his mill, or other machinery in connecLion with the dam.
§ 4. The petition shall set forth, 1st. A description ot the land and an abr
stract of his title thereto. 2nd. The name of the water course, and a description
of the point at which he proposes to erect his dam. 3d. The altitude of the dam
which he proposes to erect thereat; and, 4th. The kind of mill or other machinery
which he proposes to connect with the dam.
§ 5. In the case supposed in the second section, the person proposing to erect a
dam shall also file his petition as in the third section is provided; and, in addition to the
requirements of the fourth section, shall set forth, 1st. The name and place of
residence of the proprietor of the land on the other side of the water course where-
on he would abut his dam. 2nd. On what side of the water course he proposes to
erect his mill, or other machinery in connection with the dam; and the petition shall
be filed in the county within which he proposes to erect such mill or other machinery^^
§ 6. Upon filing of the petition, it shall be the duty of the court to cause a writ
of ad quod damnuvi to be issued under the seal of the court, to be directed to the
sherilT, commanding him to summon twelve fit persons of his county to meet at the
place where it is proposed to erect a dam, on a day to be named in the writ, then
and there to enquire by the said jury touching the matters contained in the petition,
a copy of which shall accompany the writ.
§ 7. It shall be the duty of the sheriff to attend with the jury, on the day and
at the place appointed, and upon full examination enquire by said jury, 1st, What
will be the amount of damage to each proprietor by reason of inundation conse-
quent upon the erection of the dam as proposed. 2nd. Whether the mansion
house of any such proprietor, or the out houses, curtilages or gardens thereunto
immediately belonging, or orchard, will be overflowed thereby. 3d. Wlietherand
to what extent ordinary navigation and fish of passage will be obstructed by such
erection, and whether and by what means the same inay be prevented or dimin-
ished. 4th. Whether the health of the neighborhood Avill be materially annoyed
in con??equence of such erection.
MILLS AND MILL DAxMS. 407
■{ 8. In the case supposed in the second section, the sheriff shall further enquire
by the jury the value of one acre of the ground on the opposite side of the ^vater
course, to include the place ^vhere the petitioner wo'uld abut his dam, or build his
riiiU or other machinery, and the sheriff shall, with the assistance of the jury, set
the same apart by metes and bounds.
6 9. In such case, the sl^eriff shall notify the proprietor of the land whereof one
acre is prayed for, of the time and place when and where he will take the inquest
of the iury if ^^'ch proprietor be in his county, and if not, he shall set up such
notice at the house of the tenant of such land, and if there be no tenant thereof,
tben he' shall set up such notice at some conspicuous place on the land. In dis-
charging the foregoing duties, the sheriff shall have power, with the jury, to go
into and act in an adjoining county when necessary.
S 10 Th- inquest ot the jurv shall be reduced to writing, and, being signed by
each of the jurymen, shall be returned by the sheriff, together with the writ and a
statement of the manner in which he executed it, into the court whence it issued,
without delay.
§ 11. The court shall, on the return, of the inquest, cause the proprietor ot the
land, one acre whereof shall have been prayed for, and the several persons, pro-
prietors of land, found by the inquest returned to be liable to damage, to be
summoned to appear in the same court, on a day to be named in the summons, and
shew cause, if any they have, why the party petitioning should not have permis.
sion to erect his dam. , i t , • '
§ 10 If such proprietors reside in the county in which the lands lie, the service
of the summons shall be as in ordinary cases; but if not resident in the county,
then the service shall be by setting up a copy at the house of a tenant on the land,
or if there be no tenant, then at some conspicuous place on the land.
s 13 If upon a view of the inquest returned by the sheriff, and other evidence,
if any such shall be produced, it shall appear to the court that the mansion house
of any proprietor, or the out houses, curtilages or gardens thereto belonging, o^
orchard, will be overflowed, or that the health of the neighborhood will be mate-
rially annoyed by the stagnation of waters consequent upon the erection of the
proposed dam, the court shall not permit such dam to be erected.
•§14. If on such view it shall appear to the court that none of the evils provided
acrainst in the last preceding section are likely to ensue, the court shall then con-
sfder whether, all circumstances weighed, [it] is reasonable that the perimssion to
erect the dam, as prayed for, should be given, and thereupon enter an order, giving
permission or not, accordingly. ,- i j i
§15. Where the party petitioning shall have prayed for an acre oi land whereon
to abut his dam, the court shall include in their order granting permission to erect
the dam, a decree; vesting such acre of land and the title thereof m the party
petitioning, his heirs and assigns, forever.
& 16. The order and decree authorized by the two last preceding sections, and
the rights and privileges thereby granted, shall in all cases be upon, and subject to,
the conditions hereinafter expressed.
.408 MILLS AND MILL DAMS.
§ 17. 1st. Such conditions in reference to the obstructions to fish of passage, as
the court shall think proper to impose. 2nd. That all damages and valuations
made and assessed by the jury, shall be paid. 3d. That the dam and mills, or
other machinery, shall be commenced within one year, and the same shall be fin-
ished and ready for business within three years from the date of the order of
permission.
§ 18. That whenever the dam and mill, or other machinery, shall be destroyed
or materially impaired, the same shall be rebuilt or repaired wkhin three years
thereafter; but if the owner of such dam and mill shall be an infant, of unsound
mind, feme covert, or imprisoned at the time such dam and mill shall be destroyed
or materially impaired, then within three years after the disability is removed.
§ 19. In case of non-compliance with any of the conditions concerning buildino-,
rebuilding or repairing, where the land of another shall have been decreed by the
court for the purpose of an abutment, the same shall revert to, and revest in the
original owner or his legal representative.
§ 20. Any owner of any dam and mill, or other machinery, erected in virtue of
this or any previous law, may raise his dam by permission of the court under and
by the same proceedings, regulations and conditions hereinbefore provided.
§ 21. The inquest of the jury, or the order and permission of the court founded
thereupon, shall not bar any prosecution or action which any person would have
had in law, had this law not been made, except for such injuries as were actually
foreseen and estimated by the jury.
{ 22. Any person who shall build or raise any dam, or any other stoppage or
obstruction m, or across, any watercourse, without first obtaining permission from
the court of the proper county according to law, and shall thereby work any
injury to any other person, shall forfeit to the party injured double daiftages for such
offence, to be recovered by action on the case.
5 23. All dams, stoppages or obstructions, not made according to law, shall be
deemed to be public nuisances, and may be dealt with as such.
§ 24. If any person or his legal representatives, to whom permission to erect a
dam in virtue of this law shall have been given, shall fail to build, rebuild or repair
the same, together with the mill, or other machinery connected therewith, accord-
ing to the requirements of this law, or the conditions of the permission,, it shall be
lawful for any person owning the land on one side of the water course, at the
point where such dam was erected, or below, to build a dam and mill, or other
machinery thereon, as if no such permission had been given, without incurring
any liability on account of backing the water on such dam.
App7-oved, March \Ath, 1835.
MORTGAGES. 409
iMORTGAGES.
A?i act concernmg morlgages.
S«c. I. Petition to foreclose may be filed; when, &c.; facts to be set forth.
2. Petition, wliere to be filed if any part of the property be real estate; if personal estate, to be commenced at
other personal actions.
3. Summons to issue, to what county, and how to be served.
4. Summons returned not found, alias summons to issue.
5. Defendant, whose name is unknown, order of publication to be made as in suits at law.
6. Person claiming an interest in the property, may be made defendant by motion; pleadings, issue and trial.
7. Judgment by default, when; proceedings in such case.
8. If on trial any debt be found, judgment and order of sale thereon to be made.
9. Upon such order, special writ of fieri facias to issue; what it shall contain.
10. Proceedings on execution as in other cases.
11. If mortgage be for real estate, to what county fieri facias to be directed; if for personal property, where directed.
12. If mortgaged property do not satisfy the amount, esecution may issue as in actions at law.
13. Mortgagee receiving satisfaction, to acknowledge it on margin of the record, or by deed.
14. Receiving satisfaction and refusing to acknowledge it, penalty.
15. Such acknowledgment or deed of release, duly acknowledged and recorded, its cfTect.
16. If property is redeemed by payment to the officer, certificate to be granted, acknowletlgcd and recorded; its effect
17. Mortgage upon lease-hold for twenty years, how to proceed; for less than twenty years, how to proceed.
Be il enacled by the general assembly of the state of Missouri^ as follows:
§ 1. All mortgagees of. real estate, and mortgagees of personal estate, where the
debt secured amomits to fifty dollars or more, may file a petition in the office of the
cuxuit court against the mortgagor, and the actual tenants or occupiers of such
real estate, (if any,) setting forth the substance of the mortgage deed, and praying
that judgment may be rendered for the debt, and that the equity of redemption
may be foreclosed, and the mortgaged property may be sold to satisfy the amount
due.
{ 2. If any part of the property be real estate, the petition may be filed in any
county where any part of the mortgaged premises are situated; if it be exclusively
personal estate, it may be filed, and proceedings commenced as in other personal
actions.
§ 3. The clerk shall issue a summons to the defendant to answer the petition, and
if the defendants reside indifferent counties, a separate summons shall be directed
to each county, including all the defendants therein, and the service and return
of such summons shall be made as in actions at law. A copy of the petition shall
accompany every such summons.
§ 4. If a return be made on such summons, that any defendant cannot be found,
an alias summons may be issued to the same or any other county.
§5. Defendants whose names are unknown, may be sued, and orders of publi-
cation may be made as in suits at law.
§ 6. Any person claiming an interest in the mortgaged property, may be made
defendant to any such proceedings on motion, and may plead any lawful plea in
avoidance, or bar of the deed or debt, and issue shall be made and tried as in
actions at law.
§ 7. If any person summoned or notified as aforesaid, do not appear at the time
53
410 MORTGAGES.
required, judgment may be rendered by default, and proceedings had thereon as in
at law.
§ 8. If, upon trial, it be found that any part of the mortgage money is unpaid,
and that the petitioner is entitled to recover the same, the court shall render
judgment for the debt, interests and costs, and shall make an order that the mort-
gaged property be sold (describing it as in the mortgage,) to satisfy the amount found
due, with interest thereon until paid.
§ 9. Upon such order, a special writ oi fieri facias shall be issued, directed to the
sheriff, and shall refer to the order of sale, and command the sheriff, that, of the
real and personal estate in such order mentioned, he cause to be levied the debt,
damages and costs, with interest thereon from the date of the judgment, (to be
specially stated,) and that he have the money before the court at the return of
the writ.
§ 10. Such writs shall be returnable as executions, and the advertisement, sale
and conveyance of real or personal estate, under the same, shall be made as under
ordinary executions.
§ 11. If such mortgage be for real estate, such writ oi fieri facias shall be direct-
ed to the county in which the same is situated, and if it be for personal property, it
may be directed into any county.
§ 12. If the whole of the mortgaged property do not sell for a sum sufficient to
satisfy the amount due, an execution may be issued against the defendant as in
ordinary action at law.
§ 13. If any mortgagee, his executor, or administrator, or assignee, receive
full satisfaction of any mortgage, he shall, at the request of the person making
satisfaction, acknowledge satisfaction of the mortgage on the margin of the record
thereof, or deliver to such person a sufficient deed of release of the mortgage.
§ 14. If any such person thus receiving satisfaction, do not, within three months
after requested, acknowledge satisfaction on the margin of the record, or deliver
to the person making satisfaction a sufficient deed of release, he shall forfeit to the
party aggrieved any sum not exceeding the mortgaged money, to be recovered in
any court of competent jurisdiction.
§15. Such acknowledgment of satisfaction thus made, or such deed of release
duly acknowledged and recorded, shall have the effect to release the mortgage, and
bar all actions brought thereon, and revest in the mortgagor, or his legal represen-
tatives, all title to the mortgaged property.
§ 16. If such mortgaged property be redeemed by payment to the officer before
the sale, such officer shall make a certificate thereof, and acknowledge the same
before some officer authorized to take the acknowledgment of deeds for lands, and
such certificate shall be recorded in the office in which the mortgage is recorded
and shall have the same effect as satisfaction entered on the margin of the record-
{ 17. Mortgages of leasehold estates of, or for, a longer term than twenty years,
shall be proceeded on as mortgage of real estate, and for a shorter term as on
personal estate.
Approved, March 20//?, 1 835.
NE EXEAT. , 411
NE EXEAT.
A71 act regulating writs of ne exeat,
Skc. 1. By whom granted.
2. Petition to be filed and sworn to, before writ granted.
3. Court or judge, 8;c., who grants writ, to endorse on petition penalty of bond, 8(C., by defendant.
4- Not to issue until complainant give bond; condition of the bond.
5. Defendant in the writ may sue on such bond; when and what damages he shall recover.
6. Writ to be returnable to the circuit court; how issued.
7. Writ to be accompanied by the petition, and a summons for the defendant to appear, &c.
8. Defendant served with the writ, to give bond; condition of the bond.
9. Temporary absence no breach of condition.
10. The security in the bond may surrender the principal; in what manner.
11. Writ may be granted where time of payment or performance has not arrived; oath of party in such case.
\2. Fetitioa in such case shall stale certain facts, to be supported by affidavit and other proof; writ granted, 4cc.
13. Writ returnable to the next circuit court.
14. On return of the writ, motion to dissolve may be made.
15. Jury may be empanneled to try the issue; plea, issues, &c., to be made; cause how disposed of.
IS. When petitioner shall have his costs; if matter of bill be of chancery jurisdiction, how determined.
17. If the matter be within the exclusive jurisdiction of a court at law, how court shall proceed.
18. If the debt be not due, or time for performance of contract not come, at the return of the writ, proceedings of
the court in such case.
19. Defendant may show performance of liis contract.
20. If defendant files his answer on oath, denying liis intention to remove, &c., proceedings of the court in Buch
case.
Be it enacted by the general assemhly of the state of Missouri, as follows:
§ 1. The supreme and circuit courts, and any judge thereof in vacation, and the
county court, or any two justices thereof in vacation, may grant writs of ne exeat.
§ 2. A petition, with an affidavit to the truth of the allegations therein, shall be
filed before any writ of ne exeat shall be granted.
§ 3. The court or judge who grants any writ of ne exeat, shall "endorse on the
petition in what penalty bond and security shall be required of the defendant.
} 4. Before any such writ issues, the court or judge shall take bond of the com-
plainant to the adverse party, with sufficient security, conditioned that he will
prosecute his petition with effect, and reimburse to the defendant all damages and
costs which he shall sustain by the writ.
§ 5. Any defendant to any writ of ne exeat may bring suit on such bond, and if
it appear that the writ of ne exeat was prayed for without just cause, he shall re-
cover damages as in other penal bonds.
I 6. All writs of ne exeat shall be returnable to the circuit court of the proper
county, and, when issued by a judge in vacation, or two justices of the county
court, may be under his or their hand, or the judge may direct the clerk of the cir-
cuit court to issue the writ, and to take bond of the complainant as above required.
§ 7. The writ of ne exeat shall be accompanied by the petition, and a summons
for the defendant to appear in the circuit court and answer the petition.
5 8. When the defendant shall be served with the writ, he shall give bond with
security in the sum endorsed on the petition, conditioned that he will not depart
from the state without leave of the court, and that he will render himself in execu-
412 NE EXEAT.
tion to answer any judgment or decree which may be rendered against him, and
if he do not give such security he may be committed to jail.
} 9. No temporary departure of the defendant from the state shall be a breach
of the bond, if he return before personal appearance shall be necessary to answer
or perform any judgment, order or decree of court.
§ 10. The security for the defendant may surrender the defendant in discharge
of himself, before the bond shall be forfeited, in the same manner that bail may sur-
render their principal and obtain a discharge.
§ 11. Where there shall be contracts for the payment of money or property, or
covenants to be performed, and the time for payment or performance has not arriv-
ed, the party having a right to the contract or covenant may make oath that he
has a just cause of demand, and that he has reason to believe that the party bound
is about to leave this state, without an intention of returning thereto to reside;
that the obligation is yet undue, and that at the time of making the contract he did
not know of the party's intention to remove, not to return before such contract or
obligation would become due, and that the party has failed to satisfy said contract,
a writ of ne exeat may issue as aforesaid, to stay such person in the state until the
time has expired, at or before which the contract was to be complied with.
} 12. The petition shall state the cause of action and circumstances of the case,
and the complainant shall produce satisfactory proof to the court or judge granting
the writ, by affidavit or otherwise, that there is reason to apprehend that the defend-
ant is about to remove out of the state, not to return, and if the court or judge be
satisfied that injustice would be done without such writ, it shall be granted.
5 13. The writ of ne exeat shall be returnable to the next term of the circuit
court of the proper county.
§ 14. Upon the return of the writ of ne exeat the defendant may move to dis-
solve the writ on account of its being improperly obtained, or any other good cause.
§ 15. The court may empannel a jury to try any issues of fact that may arise,
particularly whether the petition be true or false, and the parties shall plead and
join issue at the first term, and the cause shall be disposed of as other causes are.
§ 16. If the petition be found true, the complainant shall have his costs; and if
the subject matter of the bill be the object of chancery jurisdiction, then the court
shall finally determine the same as in other chancery cases.
§ 17. If the subject matter be exclusively the subject of jurisdiction of a court
at law, the court may require of the defendant bond and security that he will not
depart from the state within such time as the court will direct, which shall be suffi-
cient to enable the complainant to bring suit at law and have process served
thereon.
§ 18. If the debt be not due, or the time for the performance of the contract has
not come, at the return of the writ of ne exeat, the court shall only determine
whet;her the proceedings are accoi'ding to this act, and the cause shall be continued
till the time when the contract is to be performed, after which the court shall
dispose of the case as other cases.
NEGROES AND MULATTOES. 413
J 19. After the time has come when the contract was to have been performed,
the defendant may show' that the contract has been performed, and, if so found,
judgment shall be rendered in his favor.
§ 20. If the defendant file his answer with the judge granting the writ in vaca-
tion, or in the office of the court to w hich the w^rit is returnable in term time, deny-
ing, on oath, his intention of removing from the state, not to return, and otherwise
satisfy the court or judge of his ability and intention to pay the debt when due, or
comply with the contract at the time specified for its performance, the court or
judge may dismiss the writ of ne exeat, and the party shall be discharged without
security.
Approved^ January '2,Qt]t, 1835.
NEGROES AND MULATTOES.
An act concerning free negroes and ynulaiioes.
Skc. 1. Who deemed a mulatto.
2. Not permitted to carry arms, without license from a justice of the peace.
3. Possessing arms, S^c, contrary to this act, to be seized; may he forfeited; proceedings in such case.
4. Free negro or mulatto, over seven and under t\vcnt}'-one years of age, to he hound out hy the county court.
.^. How the courts shall proceed in such case; liahility and rights of apprentice, master or mistress in such case.
6. Clerk to keep register of such apprentice; his duties; register to he kept free for inspection, &c.
7. Not citizens of some other state, prohibited from settling in this state.
8. If they have qualifications required hy this act, county court may grant them license to reside in this state.
9. To whom and when such license shall be granted.
10. On application to the county court for license, vphen and upon what evidence they may he granted.
11. Such license shall Le issued according to the order of court; what shall be stated in the license.
12. To he authenticated by seal of court; abstract of license to he registered; certificate of registry to he endorsed on
the license.
13. Privileges granted by such license to the person holding the same, and his or her children.
14. Free negro or mulatto having license, moving from one county to another, his duty; duty of clerk in such case.
15. Fees of clerk under this act; fees to be paid by applicant.
16. Those whose right to freedom accrued without this state, hut who recovered freedom in the state, subject to this
act.
17. For wiiat offence license to he forfeited, and treated as though none had been granted.
18. Duty of sheriff, coroner and constable, in reference to free negroes or mulattoes in his county, without license, &c.
19. When and in what cases justice to issue his warrant to bring free negro or mulatto before him.
20- Negro or mulatio brought before the justice, proceedings if court or justice is not satisfied that he is free.
21. When brought before the court or justice, but appears to be a free person, proceedings, &c.
22. Penalty and proceedings if the prisoner do not comply with the provisions of the last section.
23. If such person be hired out by the sheriff, person hiring to give bond; condition of the bond.
24 Free negro or mulatto not entitled to reside ia this state; time allowed to depart after order; penalty on failure.
25 Penalty on person to hire, employ or harbor free negro or mulatto, not entitled to reside in this state, except as
in next section, &c.
26. Construction as to the provisions of this act in certain cases.
27. Penalty on person bringing free negro or mulatto to this state, not having certificate of citizenship.
28. Preceding section not to extend to masters of vessels, nor to persons travelling into or through the state.
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. Every person, other than a negro, of whose grandfathers or grandmothers
any one is or shall have been a negro, although all his or her other progenitors, ex-
414 NEGROES AND MULATTOES.
cept those descending from the negro, shall have been white persons, who shall
have one fourth or more negro blood, shall be deemed a mulatto.
§ 2. No free negro or mulatto shall be suffered to keep or carry any firelock, or
weapon of any kind, or any ammunition, without a license first had and obtained
for the purpose, from a justice of the peace of the county in which such free negro
or mulatto resides, and such license may be granted and revoked by any justice of
the peace of the county.
$ 3. Any gun, fire-lock or weapon of any kind, or ammunition, found in the
possession or custody of any free negro or mulatto, not having a license as required
by the last preceding section, may be seized by any person, and upon due proof
thereof made before any justice of the peace of the county in which such seizure
shall have been made, shall, by order of such justice, be forfeited to the person
making the seizure, for his own use.
§ 4. The several county courts are authorized and required to cause to be brought
before them, all free negroes and mulattoes, between the ages of seven and twenty-
one years, found within their county, and bind them out to be apprentices or ser-
vants, until they arrive at the age of twenty-one years; but no colored apprentice
shall be placed in company with a free white apprentice, to be taught any trade or
occupation, except by the consent of the parents or guardian of such white appren-
tice.
§ 5. The courts shall proceed in such cases in the same manner as is directed
by law in binding out children chargeable to the county; and the apprentice or ser-
vant so bound, and his master or mistress, shall be subject to the same control,
obligations and responsibilities, and shall have the same rights and remedies, in all
respects, as are or shall be declared by law in cases of bound apprentices.
§ 6. Each clerk shall keep a register of all such bound negro and mulatto ap-
prentices and servants, and enter therein the name, age and personal appearance
of such servants and apprentices, the name, residence and occupation of the mas-
ter or mistress, and the date of the binding, which register shall be kept open to
the inspection of all persons, at reasonable hours.
§ 7. Hereafter no free negro or mulatto, other than a citizen of some one of the
United States, shall be permitted to reside within this state, unless he obtain a license,
or otherwise acquire a right to reside within the state, according to the provisions
of this act.
§ 8. The several county courts within their respective counties, are authorized to
grant a license to any free negro or mulatto, possessing the qualifications required
by this act, to reside within the state.
§ 9. Such license shall not be granted to any free negro or mulatto, except,
First, Such as were residents of this state on the seventh day of January, in
the year of eighteen hundred and twenty-five, and continue to be
such residents at the taking effect of this act.
Second, Such as shall have been emancipated or born free within this state.
NEGROES AND MULATTOES. 41 5
Thirds Such as have been, or shall be, bound to service as apprentices or ser-
vants, according to the laws of this state, and shall have faithfully
served out their term of service.
Fourth, The husband or wife of a slave held and ovv^ned within this state, the
parties having been married before the passage of this act, with the
consent of the master or mistress of the slave.
Fifth, The husband or wife of a slave lawfully brought into this state by the
owner, after the passage of this act, the parties having been married
by the consent of the owner of the slave before such slave shall
have been brought into the state.
§ 10. When a free negro or mulatto shall make application to a county court
for a license, and shall produce satisfactory evidence that he is of the class of per-
sons who may obtain such license, as specified in the last preceding section, that
he is of good character and behavior, and capable of supporting himself by lawful
employment, the court may grant him a license to reside within the state.
} 11. Such license shall be issued according to the order of the court, describing
the applicant by his name, age, size, personal appearance and occupation, and shall
authorize him to reside within the state so long as he shall be of good behavior,
and no longer.
§ 12. Every such license shall be authenticated by the seal of the court, and the
clerk, before delivering the same to the applicant, shall enter in a register to be
kept for that purpose, an abstract of all licenses so issued, and shall endorse on the
license a certificate of such registrj^
§ 13. Every license issued and registered according to the foregoing provisions,
shall, until the same is revoked and annulled according to law, authorize the person
therein named an i described, and his or her children under the age of twenty-one
years, to reside within this state.
} 14. When any licensed free negro or mulatto shall remove from one county
to another, within this state, he shall produce his license to the clerk of the county
court of the county into which he shall so remove, and such clerk shall register the
same and endorse thereon a certificate of such registry.
§ 15. The several clerks shall be entitled to receive for each license issued under
the provisions of this act, fifty cents, and for each registry of any such license
twelve and a half cents, to be paid by the applicant.
§ 16. Every fi'ee negro or mulatto, whose right to freedom shall have accrued
without this state, although he may have recovered his freedom by suit within the
same, shall be treated as if he had been actually free at the time of coming or being
brought into this state, and as such shall be subject to the provisions of this act.
§ 17. If any negro or mulatto, having a license to reside within this state, shall
be convicted of any felony or infamous crime, or of keeping a gaming house, bawdy
house, or disorderly house, such license shall be revoked and annulled, and such
negro or mulatto shall thereafter be treated in all respects as if no license had been
granted.
416 NEGROES AND MULATTOES.
§ 18. It shall be the duty of every sheriff, coroner and constable, whenever he
shall know, or have cause to believe, that there is in his county my negro or mu-
latto acting as a free person, who is not authorized to reside within this state, to
apprehend such negro or mulatto and take him before some justice of the peace.
§ 19. Whenever any justice of the peace shall receive satisfactory information
that any negro or mulatto, not entitled to residence in this state, is within his
county, he shall issue his warrant to apprehend and bring such negro or mulatto
before him.
§ 20. Whenever any negro or mulatto shall be brought before a justice of the
peace, or shall appear before any court or magistrate, in any of the cases men"
tioned in this act, such court or magistrate, unless satisfied that such negro or mu-
latto is free, shall commit him as a runaway slave, or otherwise, according to the cir-
cumstances of the case, to be dealt with according to law.
§ 21. If any negro or mulatto, brought before a justice of the peace, shall appear
to be a free person, and shall not establish a right to reside within this state, by
producing a license, granted pursuant to the provisions of this act, or a certificate
attested by the seal of some court of record, evidencing that he is a citizen of the
United States, or one of them, the justice shall adjudge him to pay a fine not less
than ten dollars, and not exceeding one hundred dollars, and order the defendant
to stand committed until the fine and costs are paid, and immediately thereafter to
depart the state.
§ 22. Whenever any person committed under the provisions of the last section,
shall not comply with the judgment of the justice, before the term of the county
court next holden in the county, such court shall cause him to be brought before it,
and if he shall not then establish his right to reside within the state, the court, in
its discretion, may order him to receive not less than ten nor more than twenty
lashes, and immediately depart the state, or may order the sheriff to hire out such
person for such time as shall be sufficient to raise from the hire, the fine and costs
and the expenses of imprisonment.
§ 23. The sheriff hiring out any such negro or mulatto, shall take from the per-
son hiring him, a bond to the county in the sum of five hundred dollars, with such
security as the sheriff shall approve, conditioned that the person hiring will pay
the hire, and during the term, (to be specified on the bond,) keep the person hired
employed in his own service, and provide him with sufficient diet, clothing and lodg-
ing, and not permit or sufler him to go at large and deal as a free person.
§ 24. Every free negro or mulatto, not entitled to reside within this state, shall
be allowed three days, and one day additional for every twenty miles he must ne-
cessarily travel, to depart this state, after any order todepart, discharge from arrest
or service, and if he shall remain in the state longer, he shall be proceeded against
as provided for in the first instance.
§ 25. Every person who shall hereafter hire, employ or harbor any free negro or
mulatto, not entitled to reside within this state, knowing him to be prohibited to
remain in the state, except in the cases in the next section specified, shall forfeit
and pay five dollars for each day such negro or mulatto shall be so harbored, hired
NOTARIES PUBLIC. 4j^
or employed by him, to be recovered in the name and to the use of the county, by
action of debt.
4 26. The provisions of this act shall not be construed to extend to any negro
or mulatto employed on board any vessel, or as a wagoner or messenger, or as the
servant of a traveller, while in the actual employment of a person not a resident of
this state, so that such negro or mulatto do not remain in the state for a longer period
than three months.
§ 27. If any person shall bring into this state any free negro or mulatto, not
having a certificate of citizenship as required by this law, such person shall forfeit
for every such offence the sum of one hundred dollars, to be recovered by indict-
ment, to the use of the county.
§ 28. Thfe last preceding section shall not extend to masters of vessels who
shall bring into the state any free negro or mulatto, employed on board or belonging
to such vessel, and who shall, during the whole ofhis stay m this state, be employed
on board or belong to such vessel, and depart therewith; nor to any person travel-
ling into or through this state, having any free negro or mulatto with him as a ser-
vant, and who shall, during the whole of his stay in this state, remain in his service
and depart the state with him; but no such free negro or mulatto shall be permitted
to remain in this state for a longer period than six months at a time.
Approved, Maj-ch \Ath, 1835.
NOTARIES PUBLIC.
An act respecting notaries puhlid
Stc, 1. Appointment and durdltion of office.
2. rower to administer oaths and affirmations in the exercise of their notarial office.
3. Tlifeir powers and duties.
4. To keep record of official acts; to give certified copies of records in his office, when required.
5. In case of death, resignation, JJ-c, books and papers, how disposed of.
S. To provide a notarial seal; shall authenticate his acts, ^\ c, therewith.
*}. Before entering on the duties of his office, to take oath, to be endorsed on his commission, and gtre bond;
condition of the bond.
8. Bond, commission and oath, to be recorded; bond, wherg to be filed; may be sued on; by whom.
9. Limitation of action against notary or his securities.
Be it enacted by the general assembly of the state of Missouri, as follows i
§ li The governor shall appoint and commission, in each county, as occasion
may require, one or more notaries public, who shall hold their offices four years.
§ 2. They may administer oaths and affirmations in all matters incident or be*
longing to the exercise of their notarial office.
§ 3. They may receive the proof or acknowledgments of all instruments of
writing relating to comjjierce or navigation, receive and authenticate acknowledg-
ments of powers of attorney, make declarations and protests, and certify the truth
thereof, under their official seals, concerning all matters by them done by virtue
54
418 OATHS AiND AFFIRMATIONS.
of their offices, and shall have all the powers and perform all the duties of register
of boatmen.
, { 4. Every notary shall keep a fairrecord of all his official acts, and, if required,
shall give a certified copy of any record in his office, to any person, upon the
payment of the fees therefor.
§ 5. If any notary die, resign, be disqualified, or remove from the county, his
record, and all his public papers, shall, within thirty days, be delivered to the re-
corder of the county, to be delivered to his successor, when qualified.
§ 6. Every notary shall provide a notarial seal, containing his name, surname,
office and place of residence, and he shall authenticate all his acts, attestations and
instruments therewith.
§ 7. Every notary, before entering on the duties of his office, shall take the oath
of office which shall be endorsed on his commission, and shall give bond to the
state, in the sum of five hundred dollars, with two securities, conditioned for the
faithful performance of the duties of his office.
§ 8. Such bond, commission and oath, shall be recorded in the recorder's office
of the county, and the bond shall be filed with the secretary of state, and may be
sued on by any party injured.
§ 9. No suit shall be instituted against any such notary, or his securities, more
than three years after such cause of action accrues.
Approved, March 14th, 1835.
Sec. 1
OATHS AND AFFIRMATIONS.
An act concerning oaths and affirmations.
Usual mode of administering oaths by layi.ig hand on and kissing the gospel, to be observed, except in cases
otherwise provided.
2. If the person desire it, he may swear with uplifted hand, and how.
3. Persons conscientiously scrupulous of swearing or taking an oath, may declare or affirm, and liow.
4. Peculiar mode of administering oath may be adopted by court, or magistrate, in addition to the forms here laid
down; when.
5. Persons believing in other than the Christian religion, to he sworn according to their peculiar ceremonies.
6. Who admitted to be sworn.
7. Witnesses not required to swear as to their religious belief, but may be proved by other competent testimony.
8. Construction of the last section as to power of court or magistrate, in case of infants, persons of weak
intellect, &;c.
9. By whom and where oaths and affirmations may be administered, and take affidavits and depositions.
10. To be Bworn according to this act, or any form authorized by law, deemed to be lawfully sworn; swearing
falsely, &c., deemed guilty of perjury.
Be
it enacted by the general assembly of the state of Missouri, as follows
§ 1. The usual mode of administering oaths now practised, by th^ person who
swears laying his hand on and kissing the gospels, shall be observed in all'
cases in which an oath is or may be' required by law to be administered, exceptv
in the cases herein otherwise provided. .n:9?ncr
OATHS AND AFFIRMATIONS. 419
§ 2. Every person who shall desire it, shall be permitted to swear with uplifted
hand, in the following form: " You do solemnly swear.''
§ 3. Every person who shall declare that he has conscientious scruples against
taking an oath, or swearing in any form, shall be permitted to make his solemn
declaration or aflirmation in the following form: "You do solemnly declare and
affirm."
§ 4. Whenever the court or magistrate, by whom any person is about to be
sworn, shall be satisfied that such person has any peculiar mode of swearing, con-
nected with, or in addition to, either of the forms m this act mentioned, which is
more solemn and obligatory in the opinion of such person, the court or magistrate
may adopt such mode of swearing.
5 5. Every person believing in any other than the christian religion, shall he
sworn according to the peculiar ceremonies of his religion, if there be any such
ceremonies, instead of any of the modes hereinbefore prescribed.
§ 6. Every person believing in the existence of a supreme being who will punish
false swearing, shall be admitted to be sworn, if otherwise competent.
§ 7. No person shall be required to declare his belief in the existence of a su-
preme being, or that he will punish false swearing, or his belief or disbelief of any
other matter as a requisite to his admission to be sworn as a witness, or otherwise;
but the belief or unbelief of every person oiiered to be sworn as a witness, may
be proved by other and competent testimony.
§ 8. The last section shall not be construed to prevent any court or magistrate,
before whom an infant or a person apparently of weak intellect shall be produced
as a witness, from examining such person, to ascertain his capacity and the extent
of his religious or other knowledge, nor to prevent the court or magistrate from
enquiring what are the peculiar ceremonies observed by him in swearings which
he deems obligatory.
§9. Every Cf-urt and judge, justice and clerk thereof, and all Justices of the
peace, shall respectively have power to administer oaths and affirmations to wit-
nesses and others, concerning any thing or proceeding depending before them
respectively, and to take affidavits and depositions v^ithin their respective districts,
circuits and counties.
5 10. In all cases in which an oath or afiirmation is required, or authorized by
lav/, the same may be taken in any of the forms in this act prescribed, in the several
cases hereinbefore specified; and every person swearing, affirming, or declaring
in any such form, or any form authorized bylaw, shall be deemed to have been law-
fully sworn, and to be guilty of perjury for corruptly and falsely swearing, affirm-
ing, or declaring, in the same manner as if he had sworn by laying his hand on the
gospels and kissing them.
Approved, January 20th, 1835.
420 OFFICERS,
OFFICERS.
An act to recover public record^.
See. 1. In ea«e of resignation, removal from office, death, tec, of any officer, .^-c, book*, papers, ttt., to be delirered to
his successor; penalty for neglect, and how recovered.
2. Warrant may be issued, by virhom, on affidavit, to compel delivsry of records, books, ie.
3. Power and duty of the officer executing such warrant.
4. Penalty on officer for neglect or refusal lo serve and return warrant.
5. Party aggrieyed by issuing such warrant, may be resto/ed; proceedings in such case.
6. Private persons having possession of public records, books, dec, to deliver them up; proceeding* lr» eaae of refusal
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. If any civil, or military officer, having any records, books or papers, apper-
taining to any public office, or any court, shall resign, or his office shall be vacated,
he shall deliver to his successor all such records and papers; and where such
officer shall die, his executors or administrators shall deliver such records, books
and papers to his successor. If any such officer, or the executors or administra-
tors of such officer, shall fail to deliver said records, books or papers, he or
they shall forfeit not more than one thousand, nor less than one hundred dollars, to
be recovered by action of debt or indictment, to the use of the county, and shall
pay to any person injured by the detention of such records, books, or papers, all
damages which may accrue to him, to be recovered by action on the case.
} 2. If any person, whose office has become vacated, or his executors or admin- -
istrators, shall fail to deliver any i-^cord, book or paper to the person entitled to
the same, any judge of the supreme or circuit court, upon affidavit of any credible
person, setting forth the facts, may issue his warrant, directed to some sheriff or
coroner, commanding him to seize all the records, books and papers appertaining
to said office, and deliver them to the proper officer named in such warrant.
§ 3. The officer executing any such wa,rrant,may break open any doors, trunks
or places, in which any records, books or papers named in such warrant may be,
or in which he may suspect them to be, and may arrest any person who shall
resist the execution of such warrant, and carry him, her, or them, before some
j^dge or justice of the peace, to be dealt with for obstructing the execution of
process.
§ 4. Any officer, to whom any such warrant may be directed and delivered, who
who shall fail to execute or return the same, or to perform any duty required of
him, shall forfeit not more than one thousand, nor less than one'hundred dollars, to
be recovered by indictment, or action on the case, to the use of the county.
§ 5. Any person aggrieved by any such warrant, may apply to any judge of the
supreme or circuit court, who, upon affidavit of the applicant that injustice has
been or is about to be done by such warrant, shall issue a citation to all persons
interested, commanding them to appear before him, at a place and time named in
the citation, which shall be served by the sheriff or coroner. The judge may
enforce obedience to such citation by attachment, and shall proceed in a summary
manner, and determine according to right and justice, and may issue his warrant
PARTITION. 421
for the restoration of any book, record or paper, found to have been improperly
seized.
§ 6. If any private person shall have or obtain possession of any books, records
or papers, appertaining to any public officer, he shall deliver them to i\i& officer
entitled to the same; and if he fail to do so, he shall be proceeded against in all
respects as is provided for in cases of officers by this act,
Approved, December I8t/i, 1834.
PARTITION.
An act to provide for the partition of land.
8bc. h Joint tenants, tenants in common, and coparceners, may petition circuit court for partition.
2. Petition to be verified by affidavit; contents of petition.
3. Person having interest, as specified in the last section, or entitled to dower, may be made a party.
4. If in certain cases the names of the parties cannot be named, it shall be so stated in the petition.
5. Copy to be served on all parties not petitioning, together with notice that the same will be presented.
6. Notice of such application to be directed to all parties by name, that are known, and general to those unknown.
7. Parties to be notified by publication; when and how.
8. Upon p-esentation of such petition, and proof of service, tec, and notice or publication, ^c, court to proceed.
9. When person may appear and be made party on application, by making affidavit, 4-c.
10. Pleadings and proceedings, special pleas, notice of special matters, &c.
11. Replications and further pleadings may be had according to the practice in actions at law; proceedings, tec.
12. Trial of issues, bills of exception taken, new trials granted and pleadings amended as in actions at law.
13. Persons notified not appearing, default to be entered, but petitioners to exhibit proofs of their title.
14. Court to ascertain the rights of the parties and give judgment of partition.
15. When judgment of partition is rendered, court to appoint commissioners to make partition.
16. Commissioners, before proceeding to their duties, to be sworn; how, .^c; oath to be certified, filed, ic.
17. To make partition, if same can be done, without prejudice to the owners; in which case, facta to be reported to
the court.
18- Duty of commissioners in making partition; surveyors may be employed.
19. Report of partition to be made to the court; its contents.
20. To be proved or acknowledged as other deeds, to entitle them to be recorded; to be filed with clerk, 4-c.
21. Court may, for good cause, set aside the report and appoint new commissioners, Stc.
22. Judgment on confi mation of report; its effect.
23. Copy of report and judgment of confirmation duly certified, &c., to be recorded in the recorder's office.
24. When premises, or part of them, may be ordered to be sold.
25. In the order of sale, the terms, time, place of sale, credit and securities to be taken, to be specified.
26. Notice of time, place and terms of sale by commissioners, how given.
27. Mode of conducting sale, if the premises consist of distinct buildings, or the land can be divided to advantage.
28. Purchases by commissioners and guardians, void.
29. Report of sale, how to be made; Its contents.
30. Order for conveyances on confirmation of sale.
31. Conveyances so executed, to be proved and recorded; their effect.
32. Proceeds of sale, how to be divided and paid.
33. Shares of absent and unknown owners, how invested.
34. Joint tenants, and tenan s in common for life or years, may compel partition.
35. Partition of lands devised, not to be made contrary to Intention of testator.
36. Guardians to act for their wards.
37. Guardian ad litem may be appointed.
38. Security to be required of guardian ad litcj*.
39. Vacancies In office of commissioner, how supplied.
40. Compensation of eommistloners.
41. Up<?n all final judgmenti, appeMg and writ! of error ill«we(i.
422 PARTITION.
Be it enacted by the general assembly of the state of Missoiu-'i, as follows:
5 1. Where any lands, tenements or hereditaments shall be held in joint tenancy,
tenancy in common, or coparcenary, it shall be lawful for any one or more of the
parties interested therein, to present a petition to the circuit court of the county
wherein such lands, tenements or hereditaments lie, (or where any tract of land is
divided by a county line, then the court of either of the counties in which the
lands may lie,) for a division and partition of such premises, according to the respec-
tive rights of the parties interested therein, and for a sale thereof, if it shall appear
that partition cannot be made without great prejudice to the owners.
} 2. The petition shall particularly describe the premises sought to be divided or
sold, and shall set forth the rights and titles of all parties interested therein, so far
as the same are known to the petitioner, including tenants for years, for life, by the
courtesy or in dower, and of persons entitled to the reversion, remainder or inlier-
itance, and of every person who, upon any contingency, may be or become
entitled to any beneficial interest in the premises; and such petition shall be veri-
fied by affidavit.
§ 3. Every person having any such interest as is specified in the last section,
whether in possession or otherwise, and every person entitled to dower in such
premises, if the same has not been admeasured, may be made a party to such
petition.
§ 4. In case one or more such parties, or the share or quantity of interest of any
of the parties, be unknown to the petitioner, or be uncertain or contingent, or the
ownership of the inheritance shall depend upon an executory devise, or the re-
mainder shall be contingent, so that such parties cannot be named, the same shall
be so stated in the petition.
§ 5. A copy of such petition, with notice that the same Vv'ill be presented to the
court on some certain day in term, or as soon thereafter as a hearing can be had,
shall be served four weeks previous to such term, on all the parties interested in
the lands or tenements, whoshallnot have joined in the petition, and on the guar-
dians of such as are minors or of unsound mind.
5 6. The notice of such application shall be directed to all the parties by name^
whose names are known, whether their interests are knoAvn or are uncertain,
contingent or unknown, and general to all others unknown, having any interest in
such premises.
§ 7. If any of the parties having such interest are unknown, or if any of the
known parties reside out of the state or cannot be found therein, and such facts be
made to appear to the court by affidavit, a notice of the application, describing the
premises and of the object of the petition, shall be published once av/eek, for eight
weeks successively, in some newspaper printed in or nearest to the county in
which the proceeding is had; or instead thereof, as to any known absent parties,
the petition and notice may be served on them personally, out of this state, and in
either case notice shall be deemed sufficient.
§ 8. Upon the presentation of such petition, and due proof being made ot the
PARTITION. , 423,.
service thereof with notice, or the publication, as required by the preceding provis-
ions, the court shall proceed therein as hereinafter directed.
§ 9. Any person having an interest in the premises sought to be divided or sold,
whether sucii interest be presenter future, vested or contingent, though not made
a party in the petition, may appear and be made a party on application for that
purpose, accompanied by an affidavit of such interest.
§ 9. Any party appearing, may, within the time prescribed for pleading in actions at
law, or within such time as the court may allow for that purpose, plead, either sepa-
rately or jointly with one or more co-defendants, any special matter as a defence,
or that the defendants, or any of them, did not hold the premises together v/ith the
petitioners at the time of the commencement of the proceedings, as alleged in the
petition; and under such last mentioned plea, the defendant pleading it may give
notice of any special matter to sustain such plea, and may give evidence thereof on
the trial, as if the same had been specially pleaded.
J 11. Replications and further pleadings may be had between the parties respec-
tively, according to the practice of the court in actions at lav/, until an issue or
issues of law or fact be joined between the parties, or some of them.
§ 12. All issues shall be had, and the like proceedings for the trial thereof shall
be had, and bills of exception may be taken, new trials granted, and pleadings
amended, in the same manner as in actions at law.
§ 13. If any of tiie parties, duly notified by personal service or publication
accoi-ding to the foregoing provisions, shall not appear and plead within the time
allowed for that purpose, the default shall be entered, but the petitioners shall never-
theless exhibit the proofs of their title.
§ 14. The court shall ascertain from the evidence in case of a default, or from
the confession by plea of the parties if they appeal', or from the verdict by which
any issue of fact shall be determined, and shall declare the rights, titles and interest
of the parties to such proceedings, petitioners as well as defendants, so far as the
same shall have appeared, and shall determine the rights of the parties in such lands,
tenements or hereditaments, and give judgment that partition be made between
such of them as shall have any right therein, according to such rights.
§ 15. Whenever any judgment of partition shall be rendered, the court shall,
by rule or order, appoint not less than three, nor more than five respectable free-
holders, residents of the county in which the premises to be divided, or the greatest
part thereof in value, shall be situate, to make the partition so adjudged, according
to the respective rights and interests of the parties, as the same were ascertained
and determined by the court; and on such rule or order, the court shall designate
the part or shares which shall remain undivided, for the owners whose interest
shall be unknown and not ascertained.
§ 16. The commissioners, before proceeding to the execution of their duties,
shall be sworn or affirmed before some judge or justice of the peace, honestly and
impartially to execute the trust reposed in them, and to make partition as directed
by the court, which oath or affirmation being subscribed by the commissioners and
424 PARTITION.
certified by the judge or justice, shall be filed with the clerk of the court, at or
before the coming in of the report of such commissioners.
§ 17. The commissioners shall forthwith proceed to make partitioti according to
the judgment of the court, unless it shall appear to them, or a majority of them,
that partition of the premises cannot be made without great prejudice to the own-
ers, in which case they shall make report of such fact to the court in writing,
under their handsi
§ 18. In making partition, the commissioners shall divide the lands and tenements
and allot the several portions and shares thereof to the respective parties, quality
and quantity relatively considered by them, according to the respective rights and
interests of the parties so adjudged by the court, designating the several shares
and portions by metes alld bounds, and may, when necessary, employ a surveyor
and assistants to aid them therein.
§ 19. The commissioners shall make a full and ample report of their proceedings
in writing, signed by them, or a majority of them, specifying therein the manner
of executing their trust, and describing the lands divided and the shares allotted
to each party, with the quantity of each share, the boundaries, courses and dis-
tances, and the items of their charges.
{ 20. The report shall be proved or acknowledged before some officer authorized
to take the proof of deeds, in the same manner that deeds are required to be proved
or acknowledged to entitle them to be recorded, and shall be filed in the office of
the clerk of the court.
§ 21. Upon good cause shewn by any of the parties, the court may set aside the
report and appoint new commissioners, as often as may be necessary, who shall
proceed in like manner as hereinbefore directed.
§ 22. If no such cause be shewn, the report shall be confirmed, and judgment
shall thereupon be given, that such partition be firm and effectual forever; and
such judgment shall be binding and conclusive on all parties to the proceeding
and their representatives, and all other persons claiming under any of them by
right derived after the commencement of the proceeding.
§ 23. A copy of such report and of the judgment, if confirmed, duly certified
by the clerk of the court, shall be recorded in the office of the recorder of the
county in which the estate divided is situate.
§ 24. If the commissioners so appointed shall report to the court, that the lands,
tenements or hereditaments, of which partition shall have been directed, are so
situate, or that any lot, tract or portion thereof, is so situated, that partition thereof
cannot be made without great prejudice to the owners of the same, the court may,
if satisfied that such report is just and correct, make an order that the commission-
ers sell the premises so situated, at public auction, to the highest bidder.
♦ 25. The court making any such order of sale, shall therein direct the terms and
conditions, time and place of sale, the credit, if any, and the securities to be taken.
§ 26. The commissioners shall give notice of the time, place and terms of any
sale to be made by them, for the same time, and in the same manner as is required
by law on sales of real estate bv sheriffs on execution.
PARTITION. 4«3
$ 27. If the premises consist of distinct buildings, farms, tracts, or lots of land,
they shall be sold separately; or where any tract of land or lot can be divided for
the purpose of sale, with advantage to the parties interested, it may be so divided
and sold in parcels.
§ 28. No commissioner, nor any person for his benefit, shall purchase, or be di-
rectly or indirectly interested in the purchase of any of the premises sold, nor
shall any guardian of any minor or person of unsound mind, party to the pro-
ceedings, purchase or be interested in the purchase of any of the lands, the subject
of the proceedings, except for the benefit or in behalf of his ward, and all sales
contrary to the provisions of this section shall be void.
§ 29. After completing such sale, the commissioners shall report their proceed-
ings to the court, on their oath, with a description of the diflTerent parcels of the
land sold, the name of the purchaser, and the price bid by him, which report shall
be filed in the court.
{ 30. If such sales be approved and confirmed by the court, an order shall be
entered, directing the commissioners, or a majority of them, to execute convey*
ances pursuant to such sales, and the commissioners shall execute such conveyan-
ces accordingly.
5 31. The conveyances so executed shall be acknowledged or proved and re-
corded in the same manner as other conveyances of lands, and shall be a bar, both
in law and equity, against all persons interested in such premises, who shall have
been parties to the proceedings, and against all other persons claiming from such
parties or either of them.
§ 32. The proceeds of every such sale, after deducting the costs and expenses
of the proceedings, shall be divided among the parties whose rights and interests
shall have been sold, in proportion to their respective rights in the premises, and
shall be paid to them, their guardians or legal representatives, by the commis-
sioners.
5 33. Where any of the parties, whose interests have been sold, are absent from
the state, without any legal representatives in this state, or are not known or named
in the proceedings, the court shall direct the shares of such parties to be invested
in public stock of the United States, or of this state, or loaned out in trust, on bond
and mortgage upon unincumbered real estate, of at least double the value of such
investment.
§ 34. All joint tenants and tenants in common, who now hold or hereafter shall
hold, jointly or in common, for years or for life, or lives, and all joint tenants or
tenants in common, where one or more of them having or shall have estates for
years or for life, or for lives, Avith the other or otiiers of them who have or shall
have estates of inheritance or in fee, and each of them, shall, in every such case,
have the like remedy for the partition of any lands, tenements or hereditaments,
so held by them in joint tenancy or tenancy in common, and in all respects sub-
ject to the like proceedings as herein-before prescribed in other cases.
5 35. No partition or sale of lands, tenements or liercditaments, devised by any
55
426 PATROL.
last will and testament, shall be made under the provisions of this act, contrary to
the intention of any such testator, expressed in such will and testament.
5 36. The guardians of all minors, and persons of unsound mind, appointed ac-
cording to law, shall be and are hereby authorized, in behalf of their respective
wards, to do and perform any matter or thing respecting the division of any lands,
tenements or hereditaments, as herein directed, which shall be binding on such
ward, and deemed as valid, to every purpose, as if the same had been done by such
ward after his disabilities are removed.
§ 37. It shall be lawful for said circuit court, for any of the purposes intended
by this act, and before or after any proceeding by virtue thereof, to appoint a
guardian for any minor, whether such minor reside in or out of this state, and such
guardian, for all the purposes of this act, shall have the same power as any general
guardian.
§ 38. It shall be the duty of the said court, on appointing any guardian as afore_
said, to any minor entitled to monies arising from the sale as aforesaid, to require
of such guardian a bond to the state, with such security as the court shall deem
sufficient, conditioned for the faithful discharge of the trust committed to him, and
to render a just and true account of such guardianship, in all courts and places
where thereto required.
§ 39. In case of the death, resignation, neglect or refusal to act, of any of the
commissioners to be appointed as aforesaid, before the duties, trust and services
hereby required of them shall be completed, the court, or judge thereof in vacation,
may appoint another commissioner or commissioners, who shall be vested with
the like powers and authority as if he or they had been originally appointed.
§ 40. The commissioners to be appointed in pursuance of this act, shall be en-
titled to receive from the person or persons making application for partition as
aforesaid, the sum of one dollar and fifty cents for every day they shall be employed
in effecting such division.
§ 41. On all final judgments to be given upon any such partition being made, or
upon a sale of the premises mentioned in any petition, it shall be lawful for any of
the parties to such judgment to appeal, or bring a writ of error thereon, within the
same time and under the restrictions and regulations as in other cases.
Approved^ Fehruarij SlOih, 1835.
i
PATROL.
An act concerning patrols.
Skc, 1. To ba appointed by the county court in each township; to serve one year.
2. Company to consist of how many; to take oath.
3, & 4. Duty of patrol.
5. When slaves found; to be whipped.
6. Patrol exempt from certain duties.
7. Captain of patrol to be notified.
&• Tbii act not to affect slaves going to of from diving worship oo tho cabbath.
PEDLERS. 427
Be it enacted by the general assembly of the state of Missouri, as follows:
} 1. The county courts shall, from time to time, when to them it shall seem proper,
appoint in each township in their respective counties a company of patrol, to con-
tinue in office one year.
§ 2. The company shall consist of one discreet person, to be called the captain
of the patrol, and as many others under his direction as the county court shall
deem it necessary to appoint, who shall severally be sworn to perform the duties
assigned them by this act.
§ 3. The patrol so appointed, shall patrol as many hours in each month as the
court appointing them shall direct, not less than twelve hours in each month, within
the bounds assigned to them.
§ 4. The patrol shall visit negro quarters, and any other places suspected of
unlawful assemblages of slaves.
§ 5. Any slave found at such assembly, or who shall be found strolling about
from one plantation to another, without a pass from his or her master, mistress or
overseer, shall receive any number of lashes, at the discretion of the patrol, not ex-
ceeding ten; or if taken before a justice of the peace, such slave shall receive any
number of lashes, at the discretion of the justice, not to exceed thirty.
§ 6. Persons appointed as patrols and performing the duties as such, shall be
exempt from serving on juries and performing militia duty, for the term they may
continue to perform the duties as patrol.
§ 7. The captain of the patrol shall be notified of his appointment by the ap-
pointing court, and shall be furnished by the same with a list of his men, who shall
be subject to the orders of the captain, according to' the provisions of this act.
§ 8. This act shall not be so construed as to prevent or affect any slave, directly
going to, or returning from, divine worship on the sabbath.
Approved, March 7th, 1835.
PEDLERS.
An act to license and tax pedlers.
Sec. 1. Who declared to be a pedler.
2. Not to deal as such without license; no two or more to deal under the same licecse, nor eell wine, 8[c.
3. Contents of license.
4. License to be obtained by written application to collector.
5. Rates of state tax to be levied and paid on license every six months.
6. License may he taken out for less tlian six months; when and how.
7. Penalty for dealing as a pedler without license, or contrary to the terms of his license.
8. Penalty for refusing to submit license for inspection when demanded.
9. Duty of sheriff, collector, &c., and proceeding against persons dealing as pedlers, contrary to this act, or refusing
to produce license when demanded.
10. Parly brought before justice under preceding section, his duty in such case.
11. Limitation of suits for penalties under this act.
12. Clock pedlers to obtain license, and how.
13. One hundred dollars to be levied and paid for such license every six montlia
14. Dealing aa a clock pedler without license, penalty.
428 PEDLERS.
Sic. 15. Ponnd deftllng whhont llccnee, duty of ooUoctor, sheriff, <5e., to notify Jnetlce, who shall issue LIb wamn
16. Duty and proceedings of Jlie justice, if accused l)e found guilty of the offence charged.
17. Duty of owners of paper mills pedling without license.
18. Agent of such owners pedling, &,c., to be furnished with certain papers.
19. Appropriation of penalties and forfeitures under this act.
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. Whoever shall deal in the selling of goods, wares or merchandize, other than
of the growth, produce or manufacture of this state, by going from place to place
to sell the same, is declared to be a pedler.
§ 2. ]\o person shall deal as a pedler without a license from the collector of the
county in which he may wish to deal as such, and no two or more persons shall
deal under the same license, either as partners, agents on otherwise; and no pedler
shall sell wine or distilled spirits.
§ 3. Every license shall state the manner in which the dealing is to be carried
on, whether on foot, or with one or more beasts of burden, or the kind of cart
or carriage, or if on the watei-, the kind of boat or vessel to be employed.
§ 4. Any person may obtain a pedler's license by a written application to the
collector of the revenue for any county, stating therein the manner in which he
intends to carry on his trade, (as in the third section,) and by paying the amount
appropriate to such a license.
§ 5. There shall be levied and paid on all pedlers licenses (except clock pedlers)
a state tax at the following rates, for every period of six months:
First, If the pedler travel and carry his goods on foot, three dollars:
Second, If one or more horses, or other beasts of burden, ten dollars.
Third, If in a cart or other land carriage, twenty dollars.
Fourth, If in a boat or river vessel, fifty dollars.
§ 6. If any person wishes to peddle goods in a boat or other vessel on the water,
for a less time than six months, he can do so by taking out a license (as before pro-
vided) at the rate of ten dollars for every thirty days, to be specified in the license.
§ 7. Every person who shall be found dealing as a pedler, contrary to the pro-
visions of this law, or contrary to the terms of any license which may have been
granted to hitn, shall foifeit, if a foot pedler, the sura of ten dollars; on one or more
beasts of burden, thirty dollars; in a cart or other land carriage, sixty dollars; in a
boat or other vessel, one hundred and fifty dollars.
§ 3. Every pedler shall, upon the demand of any sherifl^, collector, constable or
citizen householder of the county, produce his license, and allow the same to be
read by the person making the demand, and in default thereof, shall forfeit the
sum of ten dollars.
§ 9. Every sherifi", collector and constable shall, and every citizen householder
of the county may, apprehend and detain any person found dealing as a pedler con-
trary to the provisions of this law, or who shall fail to produce his license on de-
mand as aforesaid, and may convey the offender, without any unnecessary delay,
before any justice of the peace of the county in which he shall be apprehended, or
PEDLERS. 429
the justice may, upon legal information, issue his warrant for the arrest of the
ofiender, as in other cases.
§ 10. It shall be the duty of such justice to cause all such accusations to be tried
as other similar cases are triable before him, and no delay shall be allowed, unless
at the request of the accused, and on good cause shewn.
§ 11. No suit or prosecution shall be brought for the enforcement of any penalty
or forfeiture imposed by this law, more than six months after the commission of
the ofl'ence charged.
{ 12. No person shall peddle clocks without a special license for that purpose,
which license may be obtained in the same manner and by the same means above
provided in case of pedlers of merchandize.
{ 1 3. There shall be levied and pa.id on every clock pedler's license, for the term
of six months, one hundred dollars.
§ 14. Every person who shall be found dealing as a clock pedler, without a li-
cense granted according to this law, may be indicted for such offence, and upon
conviction shall be fined not exceeding four hundred dollars, and imprisoned until
the fine and costs shall be paid or secured.
§ 15. When any person shall be found dealing as a clock pedler, without a license
as aforesaid, it shall be the duty of every assessor, collector, sheriff and constable
of the proper county, and every citizen householder, may give information thereof
to some justice of the peace of the county without delay. The justice shall issue
his warrant, directed to any sheriiTor constable of the county, and cause the offender
to be arrested and brought before himself, or any other justice of the peace of the
county.
§ 16. If upon examination, the justice shall find the accused guilty of the offence
charged, he shall require him to enter into recognizance, with sufficient security,
for his appearance at the next term of the circuit court, on the first day thereof, to
answer to any indictment which may be preferred against him; and in default of
such recognizance, the justice shall commit the offender to the common jail of the
county.
§ 17. The owner or owners of any paper mill within this state, may obtain from
the county court of the county in which the mill is situate, a certificate under the
seal of the court, stating the fact of the ownership, which certificate shall authorize
such owners, by themselves or by agents, to peddle merchandize throughout the
state, in exchange for rags to be used in the manufacture of paper.
§ la. Every such agent shall be furnished with an authentic copy of the certifi-
cate required in the preceding section, with his appointment as such agent endorsed
thereon.
§ 19. All penalties, forfeitures and fines imposed by this law, shall be paid into
the treasury of the county in which the offence was committed.
Approved^ February 2&th^ 1835.
430 PENAL BONDS.
PENAL BONDS.
An act to regulate actions on penal bonds.
fia«. 1. Condition of bond to be set out in declaration; may assign breaclics, ^c.
2. Wliat may be plead in bar of such action
3. Damages and costs paid before judgment, suit to be discontinued.
4. Judgment to be entered for tbe sum really due, with costs.
5. Action for breacii of condiiion, other tlian the payment of money, epecific breaclieg to be assigned.
6. Jury to assess damages for breach, S;c.
7. Judgment by default, &c., enquiry of damages to be awarded by the court.
8. In such action, if the plaintiff recover, verdict for damages to be entered; judgment how to be entered.
9. Execution on such judgment; its contents.
10. If the amount directed to be levied be satisfied, effect of, but the judgment shall remain; when, S^t.
11. When further breaches occur, scire facias to issue upon the judgment, to shew cause, &c.
12. Proceedings to ascertain damages in such cases; judgment how entered.
13. Effect of execution on the judgment; judgment to remain as security for further breaches.
14. If jury find assignment of breaches not true, a bar to further suit by scire facias or otherwise, for the same
breaches.
15. Persons prosecuting suits to their own use on official bonds, &c., fact to be stated in the process; pleadings^ &e. .
16. Pleadings and proceedings on such suit.
17. Judgment for defendant in such action, when it shall be a bar, and against wliom.
18. Any other person aggrieved, may sue on such bond in like manner; its effect.
19. Persons who recover judgment, may sue second time on same bond; when.
20. No scire facias to be brought on judgment on such official bond, by the same or any other relator, dj-c.
21. Suits and judgments in favor of such relator, same liability as though he were nominal plaintiff and liable for
costs as such.
22. Suits not barred nor affected on plea made by surety, unless accompanied by certain allegations, &c.
23. It it appear that such security has paid or is liable to pay equal to what he is liable for by the bond, be shall bo
released and judgment entered in his favor.
24. If the liability of security in damages, is not equal to his liability in the bond, the amount of damages shall be
allowed to him in estimating his liability in the action.
25. Judgment against principal and security on official bond, how to be satisfied.
26. Several judgments, in all, more than the liability of security, how court to proceed.
27. Several executions, and the money made not sufficient to pay all, how to be apportioned.
28. Who may bring suits, and against whom suits under this act may be brought.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. In all actions brought upon bonds, on which there is a condition or defea-
sance, by which the same is to become void on the payment of a less sum, the
plaintiff shall set out the condition in his declaration, and may assign as many
breaches as he may think proper.
§ 2. The defendant in such action may plead payment of the principal sum,
and interest due by the condition of such bond, before the commencement of such
action, in bar thereof, although the payment was not strictly according to such
condition.
§ 3. Whenever any action shall be pending on any such bond, the defendant
may, at any time before judgment rendered in such action, pay to the plaintiff, or
bring into court for the plaintiff's use, the principal sum and interest due on such
bond, together with the costs in such action, and thereupon such action shall be
discontinued.
§ 4. If judgment be recovered on any such bond, such judgment shall be rendered
PENAL BONDS. 431
for the sum of money really due according to such condition, with interest and
costs, and execution shall issue thereon accordingly.
§ 5. When an action shall be prosecuted in any court of law, upon any bond for
the breach of any condition other than for the payment of money, or shall be
prosecuted for any penal sum, for the non-performance of any covenant or written
agreement, the plaintiff, in his declaration, shall assign the specific breaches for
which the action is brought.
5 6. Upon the trial of actions, if the jur}^ find that any assignment of such breach
is true, they shall assess the damages occasioned by the breach, in addition to their
finding, or any other question of fact submitted to them.
§ 7. If in such action the plaintifl' shall obtain judgment upon demurrer, by
confession or default, or nil dicit, the court shall make an order therein, that the
truth of the breaches assigned be enquired into, and the damages sustained thereby
be assessed at the same or the next term, and the court shall proceed thereon in the
same manner as in other cases of enquiry of damages.
§ 8. In every such action, if the plaintiff recover, the verdict assigning the dam-
ages shall be entered on the record, and judgment shall be rendered for the
penalty of the bond, or for the penal sum forfeited, as in other actions of debt,
together with costs of suit, and with a further judgment that the plaintiff have
execution for the damages so assessed, which damages shall be specified in the
judgment.
§ 9. The execution on such judgment shall be in the usual form in actions of
debt, reciting the recovery, and directing the sheriiT to levy the amount of dam-
ages so assessed, (which amount shall be stated,) with interest thereon from the
time of such assessment, and the costs of such suit.
§ 10. If the amount so directed to be levied shall be collected, or otherwise paid
or satisfied, the real and personal estate and body of the defendant shall be exon-
erated from further liability for the damages so assessed; but the judgment rendered
shall remain as a security for any damages that may be thereafter sustained by the
further breach of any condition of such bond, or the non-perforniance of any
other covenant or written agreement by the defendant, the performance of which
was secured by such penal sum.
§ 1 1. Whenever such further breaches shall occur, the plaintiff, or his persona^
representative, may have a scire facias upon such judgment, suggesting such breach-
es against the defendant, and all parties bound thereby, and commanding that they
be summoned to shew cause why execution should not be had upon such judgment
for the amount of the damages sustained by such further breaches.
§ 12. The like proceedings to ascertain such damages, shall be had upon such
writ as herein-before provided in the first instance, and if the plaintiff recover,
judgment shall be rendered that the plaintiff have execution to collect the amount
of damages assessed, and costs.
J 13. The execution issued on such judgment shall have like effect and be
proceeded on in all things as in the first instance ; but the judgment shall remain
as a security for further breaches, and so on aa often as occasion may require.
432 PENAL BONDS.
514. Whenever, in any action brought according to the provisions of this act^
the jury shall find that any assignment of breaches is not true, the same shall be a
bar to any other or further suit, by scire facias or otherwise, for the recovery of
lahy damages alleged to have been sustained by occasion of the same breaches so
assigned.
5 15. In all cases where, by the laws of this state, any person is authorized to
prosecute a suit to his own use on any official bond, he shall sue in the name of tjfie
state, or other obligee named in the bond, stating in the process, pleadings, pro-
ceedings and record in such action, that the same is brought in the relation and to
the use of the person so suing.
§ 16. In such action, the same pleadings and proceedings shall be had as before
provided in cases of suits upon bonds, with conditions other than for the payment
of money, except as hereinafter otherwise provided.
{ 17. A judgment for the defendant in such action shall be a bar to any other
suit that may be brought on the same official bond, by the same relator, for any
delinquency or default which was assigned as a breach of the condition of such
bond in the action on which such judgment was rendered.
5 18. Any other party aggrieved may, in like manner, prosecute an action on
Buch official bond, and the pendency of any suit, at the relation of any other per-
son on the same bond, or a judgment recovered by or against any other person on
such bond, shall not abate, or in any manner effect such suit, or the proceedings
thereon, except as herein provided.
§19. Any person who may have recovered any judgment upon such official
bond, may, in like manner, again prosecute an action on such bond, whenever he is
aggrieved by any default or delinquency, other than such as shall have been the
subject of the former action, and shall proceed therein as herein-before provided.
§ 20. No 5aVe facias shall be brought upon any judgment rendered upon such
official bond, by the same or any other relator, for any breach of the condition of
the bond.
§ 21. Every suit brought upon such official bond to the use of the party aggriev-
ed, and every judgment thereon, shall be deemed the private suit and judgment of
the relator, in the same manner, in every respect, as if he were the nominal plaintiff,
and such relator shall be liable to costs as other plaintiffs.
} 22. No such suit shall be barred, nor shall the amount wdiich the plaintiff may
be entitled to recover, be affected by any plea made by any surety in such bond
of a judgment recovered thereon, unless it be accompanied by an allegation, that
the sureties, or some of them, have been obliged to pay the damages on such judg-
ment, or some part thereof, for the want of sufficient property of the principal
whereon to levy the same, or that they will be obliged to pay the same, or part
thereof, for the same reason, nor unless such plea be verified by oath or affirmation.
§ 23. If it appear that the amount of damages so recovered, which a surety has
been, or will be, obliged to pay, as specified in the last section, is equal to the
amouat for which such defendant shall be liable by virtue of the bond, he shall be
PENITENTIARY. 4:^3
acquitted and discharged from all further liability, and judgment rendered in his
favor.
§ 24. If it shall appear that the damages so recovered, and which such surety
has been or v/ill be obliged to pay, is not equal to tiie amount of his liability, the
amount thereof shall be allowed to him in estimating the extent of his liability in
any such action.
$ 25. Whenever a judgment shall be obtained on an official bond against princi-
pal and sureties, a direction shall be endorsed on the execution by the plaintiff or
his attorney, to levy the amount, in the first place, on the property of the princi-
pal; and if sufficient property of such principal cannot be found to satisfy such
execution, then to levy the deficiency on the property of the sureties.
5 26. If several judgments be obtained at the same term, upon any official bond
for damages, amounting in the whole to more than the sum for which the sureties
therein shall be liable, the court shall order the monies levied on such jud^-ments,
from the property of the sureties, to be distributed to the relators, resnectively, on
such judgments, in proportion to the amount of their respective recoveries.
§ 27. If executions be issued upon such several judgments obtained at the same
term, and sufficient money shall not be raised to satisfy all the executions, the
court shall distribute the monies collected thereon, to the relators, in proportion to
their respective recoveries.
§28. The provisions of this act, in relation to suits or official bonds, shall apply
as well to suits or bonds of executors, administrators, guardians, curators and oth-
ers, required by law to give bond, with condition, for the performance of any duty
or trust, as to suits on bonds of otBcers; and the persons aggrieved may prosecute
suits in the same manner, and with the like effect, and subject in all respects to the
provisions herein contained, in respect to suits on official bonds, and the courts
shall possess the same power in relation to such suits.
Approved, February \Sth, 1835.
PENITENTIARY.
An act to establish a stale penitentiary and to regulate the same.
ART. I. Of the custody and governiuent of the penitentiary, the officers connected therewitb^ and their general
powers, duties and compensation.
ART. II. Of the treatment and conduct of convicts, and the discipline of the penitentiary.
ART. III. Miscellaneous provisions.
ARTICLE I.
Of the custody and government of the penitentiary, the oncers connected therewith^
and their general powers, duties and compensation.
See. 1. State penitentiary at the City of Jefferson, to be under the direction of three inspectors,
2. Who shall be the inspectors of the penitentiary.
3. Any two of the inspectors to constitute a board; may do any of the acta required as such.
4. & 5. General powers of board of inspectors.
56
434 PENITENTIARY.
Sbc. 6. Duty to inquire into conduct of warden and other officers; their powers in such cases."'
7. Inspectors may remove warden and others from ofRce; for what causes and how warden to be removed.
8. Inspectors to liave access to prison, books, &c., pertaining to the penitentiary.
9. Board to keep minutes of their meetings; procecilings, &c.
10. Stated meetings of the board wlien to "be lield, and special meetings, when; their duties.
11. Biennial report to be made to the legislature; its contents.
12. Inspectors not to hold any appointment relating to prison.
13. Penalty on inspector, warden, &,c., for receiving, under any pretence, any money, gifts, &c., from convicts, or
others, on behalf of convicts.
14. Officers of the penitentiary.
15. Warden how appointed; tenure of his office; vacancy, how filled.
16. Warden to give bond; its condition; where to be tiled.
17. Inspectors, warden, physician and overseers, to take oath of office; oath where to be filed.
18. General duties of the warden.
19. Duty of the warden when supplies or materials are purchased, or services rendered for the penitentiary.
20. Penalty on officers, &c., interested in any contract, purchase or sale for, or on account of, the penitentiary.
21. Money appropriated for the use of the penitentiary, how drawn.
22. Warrant for, not to be drawn except upon the order of the warden.
23. Two preceding sections not to extend to accounts of inspectors and wardens.
24. Supplies or materials purchased, or services rendered for the penitentiary, to be paid for by the warden; how.
25. Authority of warden in respect to suits, &c.
26. Warden to enforce payments; may accept securities.
27. Authority to refer controversies to arbitration.
28. Warden to keep regular account of all monies received, paid out, &c.; his duties in such cases.
29. On rendering such accounts, ^-c, money on hand to be paid into the treasury.
30. Warden to render annual accounts to the auditor; account to be closed annually.
31. To the several returns, accounts and inventories required by the preceding sections, affidavit to be annexed.
32. Warden to endeavor to defray expenses of the penitentiary.
33. Auditor to audif accounts and report to the legislature.
34. Warden to make annual report to the governor; its contents; where to be deposited.
35. Warden to receive persons pardoned on condition of imprisonment.
36. Senior overseer to act in certain cases in the absence, &c., of warden.
37. Physician and overseers, how appointed; tenure of office.
38. Guard for the penitentiary may be employed, and by whom.
39. Arms, &c., to be furnished tlicm; may be dismissed by the warden.
40- Register to be kept by pliysicians; its contents.
41. Books, accounts, fcc, sliall be public property, and remain at the penitentiary.
42. Copy of official reports to be kept at the penitentiary.
43. Compensation of officers and guards.
44. Officers to support themselves, &c.
Be il enacted by the general assembly of the state of Missouri, as follows: .
§ 1. There shall be maintained at the city of Jefferson, in the county of Cole
a state penitentiary, which shall be under the direction and government of three
inspectors.
§ 2. The treasurer, auditor, and attorney general, shall be ex-ofRcio inspectors
of the penitentiary.
{ 3. Any two of the inspectors shall constitute a board, and may do any of the
acts which the inspectors are required or authorized to do.
§ 4. The board of inspectors shall make^such rules for the government, disci-
pline and police of the penitentiary, and of the officers, guards and servants thereof,
and for the punishment and employment of the pi'isoners therein confined, not
inconsistent with law, as they may deem expedient.
PENITENTIARY. 435
§ 5. The inspectors shall have power, and it shall be their duty from time to
time, to examine and enquire into all the matters connected with the government,
discipline and police of the penitentiary; the punishment and employment of the
prisoners therein confined; the monied concerns of the institution, and the pur-
chases and sales of the articles provided for the penitentiary, or sold on account
thereof; and they may, from time to time, require reports from the warden, or other
officers of the prison, in relation to any or all said matters.
{ 6. It shall be the duty of the board of inspectors to enquire into any improper
conduct which may be alleged to have been committed by the warden, or other
officers of the penitentiary, and for that purpose shall have the power of a justice
of the peace to issue subpoenas, compel the attendance of witnesses, and administer
oaths.
§ 7. The inspectors shall have power to remove from office the warden and all
other officers, guards and servants of the penitentiary; but the inspectors shall not
remove the warden, except for charges of misconduct, to be entered upon their
journals, nor until the warden has been furnished with a copy of such charges, and
had an opportunity of being heard before them in his defence.
5 8. It shall be the duty of the warden and other officers of the penitentiary to
admit the inspectors, or any one of them, into every part of the prison, to exhibit
to them, on demand, all the books, papers, accounts and writings pertaining to the
penitentiary, or to the business, management, discipline and government thereof,
and to render them every facility in their power to enable them to discharge their
duties.
§ 9. The board of inspectors shall keep regular minutes of their meetings and
proceedings, which shall be signed by them and preserved in the penitentiary.
§ 10. It shall be the duty of the board of inspectors to hold, at the penitentiary,
stated meetings once in every two months, and special meetings whenever neces-
sary ; and at their stated meetings they shall inspect the penitentiary, and the con-
victs confined therein, listen to any complaints of oppression or misconduct on
the part of the officers of the penitentiary, examine into the truth thereof, and
proceed therein, when the complaint is well founded.
§ 11. At each biennial session of the general assembly, the board of inspectors
shall, on or before the second ^^Ionday of such session, either make, or require the
warden to make, a report in writing to the legislature, exhibiting a complete and
comprehensive view of the transactions of the penitentiary during the two prece-
dino- years, the number of convicts confined therein, the various branches of busi-
ness in which they have been employed, the number employed in each branch, and
the profits of the state (if any) arising therefrom ; such report shall also exhibit the
age, sex, and place of nativity of the convicts, their term of imprisonment, the
offence for which they are committed, and whether for a first or repeated offence,
and when and in what court, or by whose order; and the number of convicts that
have escaped, or died, or been pardoned or discharged during the tvv'O preceding
years; and in case of pardon, the term unexpired of the time for which such con-
victs were respectively sentenced; when such pardons were granted, and the con-
436 PENITENTIARY.
ditioris (if anj) upon which they were granted, together with such remarks and
information, in relation to the institutio!i, as may be the result of the inspectors or
warden's observation, and as they or he may deem proper to communicate.
$ 12. No inspecior of the penitentiary shall be warden thereof, or hold any other
appointment connected with the prison.
§ 13. No inspector, warden or other officer of the penitentiary, shall receive,
under any pretence whatsoever, from any of the convicts, or from any other per-
son on behalf of any of the convicts, any sum of money, emolument or reward
whatsoever, or any article of value as a gift, under the penalty of five hundred
dollars, to be recovered in the name and for the use of the state, in an action of
debt, founded on this statute, or by indictment in any court having jurisdiction,
thereof.
§ 14. The officers of the penitentiary shall be as follows: one warden, one phy-
sician and surgeon, and as many overseers as the inspectors may deem necessary,
not exceeding three.
§ 15. The warden shall be appointed at each biennial session of the general as-
sembly, b}^ a joint vote of both houses, and shall hold his office until his successor
be appointed and qualified. If any vacancy occur in the office of warden, such
vacancy shall be filled by the governor.
§ 16. The warden, before enteiing upon the duties of his office, shall execute a
bond to this state, with sufficient securities, to be approved of by the auditor of
public accounts, in the penalty of twenty-five thousand dollars, conditioned for the
faithful performance of the duties of his office according to law, which bond shall,
be filed in the office of the secretary of state.
§ 17. Theinspectors, warden, physician, and overseers of the penitentiary, shall,
before they enter upon the duties of their offices, severally take the oath of office
prescribed by the constitution, and such oath shall be filed in the office of the secrc'?
tary of state.
§ 18. It shall be the duty of the warden,
Fifst, To reside in the penitentiary with his family, and to be there constantly,
except when attending to some necessary duty connected with his
office.
Second^ To exercise a general supervision over the government, discipline and
police of the penitentiary, and to superintend all the business and
concerns thereof.
Third, To give the necessary directions to the overseers, and to examine
whether they have been careful and vigilant in the discharge of their
several duties.
Fourth, To examine daily into the state of the penitentiary, and the health,
conduct and safe keeping of the prisoners.
Fifth, To use every proper means to furnish the prisoners with employment,
the most beneficial to the state, and the best suited to their various
capacities;, and.
PENITENTIARY. 437
Sixth, To purchase all the provisions, clothing, hospital stores, raw materials,
and all other supplies that may be necessary for the penitentiary, and
to sell all the articles manufactured therein.
§ 19. Whenever any supplies or materials for the penitentiary shall be pur-
chased, and whenever any services shall be rendered for the penitentiary, it shall
be the duty of the warden, at the time of making payment for such supplies, mate-
rials or services, to take bills therefor, and enter the same in a book, to be provided
and kept for that purpose.
§ 20. No inspector, warden or other officer or person employed at the peniten-
tiary, shall be, directly or indirectly, interested in any contract, purchase or sale,
for, by, or on account of the penitentiary, under the penalty of two hundred and
fifty dollars, to be recovered in the name and for the use of the state, in an action
of debt, founded on this statute, or by indictment in any court having jurisdiction
thereof.
5 21. All monies in the treasury of this state, appropriated for the use of the
penitentiary, shall be drawn by warrants of the auditor of public accounts upon
the treasurer, in favor of the person, by name, who may have performed the ser-
vices or sold the goods or other property, in payment of which such warrants may
be drawn.
§ 22. No such warrant shall be drawn by the auditor, except upon the order of
the warden in favor of the person, by name, who may have performed the services,
or sold the goods or other property, in payment of which the warrant is to be
drawn; and every such order shall be signed by the warden drawing the same, and
shall express, in some general terms, the articles or services for which the same is
to be drawn.
§ 23. The two preceding sections shall not extend to the accounts of the inspec-
tors and warden for the compensation allowed to them for their services, but such
accounts shall be audited and allowed, and paid out of the monies in the treasury
appropriated for the use of the penitentiary, in like manner as the accounts of the
other officers of the state are audited, allowed and paid.
5 24. The warden shall pay for any supplies or materials furnished, or services
rendered, for the penitentiary, out of any money in his hands belonging to the "state
and shall not draw any order unon the auditor of public accounts for a warrant,
to be drawn in payment of any such supplies, materials or services, if there be
money in his hands sufficient to pay the same.
§ 25. All transactions and dealings on account of the penitentiary shall be con-
ducted by, and in the name of, the warden, who shall be capable in law of suing and
being sued in all courts and places, and in all matters concerning the penitentiary,
by his name of office; and, by that name, the \varden shall be and is authorized to
sue for and recover all sums of money due from any person to any former warden
of the penitentiary, or to this state, on account of the penitentiary.
§ 26. It shall be the duly of the warden to enforce the payment of debts due
to the institution, as soon, and with as little expense to the state, as possible; but
438 PENITENTIARY.
he may, with the approbation of the inspectors, accept of any security from any .
debtor, on granting time, that may be deemed condu'^ive to the interests of the state.
§ 27. Whenever any controversy shall arise relative to any claim or demand
-which any person may have against the warden, on account of the penitentiary,
or relative to any claim w hich the warden may have against any person, on account
of the penitentiary, such controversy may be referred to the arbitration of two or
more persons, mutually chosen by such w^arden and the person with whom such
controversy may exist.
$ 28. The warden shall keep a regular and correct account of all monies received
by him from any source whatever, by virtue of his office, including all monies ta-
ken from convicts, or received as the proceeds of property taken from them, and in-
cluding also all monies in the treasury, for w4iich he has given orders on the audi-
tor of public accounts to draw warrants on the treasurer, and of all sums paid by
him, either in money or in orders on the auditor of public accounts, and the persons
to whom, and the purposes for which, the same v.ere paid, and shall make out and
deliver to the auditor of public accounts, once every two months, on oath, a return
of all the monies so received and paid by him on account of the penitentiary, du-
ring the preceding two months, specifying from whom received, and to whom paid,
and on what account, and slating also the balance in his hands at the time of ren-
dering such account.
§ 29. The warden shall, at the time of rendermg the account required in the
preceding section, pay into the treasury of this state, whatever balance of money
may then be in his hands; and all the monies thus paid into the treasury shall be
deemed and treated as money appropiiated for the use of the penitentiary.
} 30. The warden shall, annually, close his account on the first Monday in No-
vember in every year; and such w^arden, witliin ten days thereafter, shall render to J
the auditor of public accounts a statement of all monies received by him on ac-
count of the penitentiary, and of all monies expended by him for the use thereof
as declared in the last preceding section but one, with sufhcient vouchers for the
same, and also an inventory of the goods, raw materials and other property of the
state, on hand, exhibiting a complete detail of the transactions of the penitentiary
for the year.
§ 31. To the several returns, account? and inventories, required to be rendered
in the preceding sections, there shall be annexed an atTidavit of the warden, stating
that the same are correct and true, in every respect, to the best of [his] knowledge
or belief.
{ 32. The warden shall use his best endeavors to defray all the expenses of the
penitentiary by the labor of the convicts.
§ 33. The auditor of public accounts shall, annually, examine and audit the ac-
counts of the warden, and, on the second Monday of every biennial session of the
general assembly, lay a statement thereof before the legislature.
} 34. The warden shall, annually, on the fust Monday in November in each
year, make a report in writing to the governor, exhibiting a complete and compre-
hensive view of the transactions of the penitentiary during the preceding year, o*
PENITENTIARY. 439
t'^e number of convicts confined therein, the various branches of business in which
they have been employed, the number employed in each branch, and the profits of
tlie state, if any, arising therefrom; such report shall also exhibit the age, sex, and
place of nativity of the prisoners, their term of commitment, the oflence for which
the commencement [commitment] was made, and whether for the first or repeated
offence, and when, and in what court, or by whose order, and the number of pris-
oners that have escaped, or died, or been pardoned or discharged during the preced-
ing year, and, in cases of pardon, the terra unexpired of the time for which such
convicts were respectively sentenced, when such pardons were granted, and the
conditions (if any,) upon which they were granted, together with such observations
and information in relation to the institution, as may be the result of the warden's
observation, and as he may deem proper to communicate; and such report shall
be deposited in the office of the secretary of state, and be there kept.
§ 35. The warden shall, at all limes, receive into the penitentiary, on the order
of the governor, any person convicted of any crime punishable with death, who
shall be pardoned on condition of being coirfined, either for Hfe or for a term of
years, in the penitentiary, and shall confine such person according to the terms of-
such condition.
§ 36. Whenever there shall exist a vacancy in the ofiice of warden, or the war-
den shall be absent from the penitentiary, all the duties and powers of such warden
so far as the same relate to the safe keeping of the prisoners, and the discipline of
the penitentiary, sliall devolve upon, and be executed by, the senior overseer, until
such vacancy be filled, or the warden return to the penitentiary.
5 37. The physician and overseers of the penitentiary shall be appointed by the
warden, and shall hold their offices during the warden's pleasure; a certificate of
every such appointment, signed by the warden, shall be delivered to the person
appointed, and an entry thereof shall be made upon the books of the prison.
5 38. The board of inspectors shall, whenever they shall deem it necessary, au-
thorize the warden to employ a guard for the penitentiary, to consist of so many
persons, not exceeding four, as the inspectors may, from time to time, direct.
§ 39. The guards shall be furnished, from the arsenal of the state, with sufficient,
arms and accoutrements, and with necessary ammunition, by the warden, and shall
be subject to the command and direction of the warden, who may dismiss them at
pleasure, and employ others in their stead.
§ 40. The physician shall keep a register of all the sick convicts placed under
his care, stating the disease with which they are afflicted, and the date of their en-
tering and leaving [the] hospital ; also a register of all the deceased convicts, sta-
ting theirnames^ ages, diseases, time and cause of death, and all other circumstances
which he may deem necessary, which register shall always remain at the peniten-
tiary, and be open to inspection.
{ 41. All the books of accounts, registers, returns, and other documents and pa-
pers relating to the aTairs of the .penitentiary, shall be the property of this state,
and shall remain at the penitentiary.
440 PENITENTIARY.
§ 42. The warden shall preserve, at the penitentiary, at least one copy of all offi-
cial reports made, either by the inspectors or warden, to the general assembly, and
one copy of all official reports made by him to the general assembly, governor,
inspectors, and auditor of public accounts.
§ 43. The officers and guards of the penitentiary shall receive the following
salaries and compensations, to be paid quarter annually:
First, The warden, seven hundred and fifty dollars a year.
Second, The physician and surgeon, such sum as the inspectors shall agree to
pay, not exceeding one hundred dollars a year.
Third, The overseets^ such sums, respectively, not exceeding the rate of two
hundred dollars per year, each, as the inspectors may deem just.
Fourth, The guards, such sums, respectively, not to exceed one hundred and
thirty-two dollars per quarter, [annum,] each, as the inspectors may
deem proper.
§ 44. The warden, overseers and other officers, and the guards of the peniten-
tiary, shall support themselves from their own resources, and shall not receive any
perquisites or emoluments for their services, other than the compensation provided
by this act, except, that the warden shall keep his office, and reside, with his family,
in the penitentiary, and shall be furnished with fuel from the stock provided for the
use of the penitentiary; and the guards shall reside in the barracks provided for
them, and they and the overseers may be supplied with fuel and provisions from
the stock provided for the use of the prison.
ARTICLE II.
Of the treatment and conduct of convicts, and the discipline of the penitentiary.
Sec. 1 . Convicts to be kept at hard labor.
2. Labor, where to be performed by convicts ; convicts to be kept separately in cells at night, tc.
3. Clothing, bedding and food of convicts.
4. A bible to be furnished each convict that Can read.
5. Convict, and certified copy of his sentence, to be delivered to the warden, who shall give a certificate therefor.
6. Duty of warden and overseers on arrival of convicts.
7. ^ 8. Money and property of convicts, how secured, and when to be paid them, ^-c.
9. Warden to keep journal of reception, discharge, escape and deatli of convicts, S^c.
10. Convicts to be clothed in uniform of the penitentiary ; prison allowance of food ; when under a physician, what
allowed.
11. Penalty for furnishing convicts with spirituous liquors, &c,, without order of physician.
12. Penalty for bringing to, or carrying from prison, letters, &c.
13. Clothing and money to be furnished discharged convicts.
14. Whatofficers and others authorized to visit prison at pleasure.
16. Duty of visiters in certain cases.
§ 1. All convicts in the penitentiary shall be confined, singly, in the cells of the
prison, and shall be kept at labor during the daytime.
§ 2. The inspectors may, if they deem it conducive to the public interest, direct
the labor of all or any of the convicts to be performed within the exterior walls of
the prison, and without the cells thereof; but it shall be the duty of the warden to
keep each convict, singly, in a cell at night, and also during the day, when unem"
ployed.
PENITENTIARY. 441
{ 3. The clothing and bedding of the convicts shall be of coarse materials, and
they shall be supplied with a suillcient quantity of wholesome food, of a coarse
qu;\lity, according to the rules prescribed by tlie inspectors.
§ 4. The warden shall, at the ercpensc of the state, furnish a bible to each convict
who can read.
§ 5. Vv^henever any convict shall be delivered to the warden of the penitentiary,
the officer having such convict in his charge shall deliver to the warden the certified
copy of the sentence received by such officer from the clerk of the court, and shall
take from such warden a certificate of the delivery of such convict.
§ 6. On the arrival of a convict at the penitentiary, he shall be examined by the
warden, in the presence of as many of the overseers as can conveniently attend,
in order to their becoming acquainted v/ith his person and countenance; such con-
vict's name, height, apparent and alleged age, place of nativity, trade, complexion,
color of hair and eyes, and length of his foot, to be accurately measured, shall be
entered in a book provided for that purpo.se, together with such other natural and
accidental marks or peculiarity of feature or appearance as -may serve to identify
him, and, if the convict can write, hi^' signature shall be v/ritten under the descrip-
tion of his person.
§ 7. The warden shall take cliarge of all the money and property that any con-
vict shall have with him at the time of his entering the prison, including his clothes,
and if the same is worth ten dollars or more, and be not demanded by any trustee
of the estate of such convict, appointed pursuant to lav^^, the warden shall sell the
property and place the money at interest, for the benefit of such convict or his.
representatives.
} 8. The warden shall keep a correct account of all such property and money,
and shall pay the amoCint thereof to such convict, when released, or to his personal
representatives; and in case of the death of such convict, without being released,
if no legal representatives shall demand such property within one year, the same
shall be applied to the use of the state.
§ 9. The Vv'arden shall keep a journal, in which he shall regularly enter the re-
ception, discharge, death, pardon or escape of every convict, and all other occur-
rences of note, that concern the slate of the penitentiary.
§ 10. The convicts shall be clothed in the uniform of the penitentiaiy, and shall
receive the prison allowance of food, and no other; but the convicts under the care
of the physician shall be allowed such. diet as he may direct.
§ 11. If any person shall furnish any convict in the penitentiary with any wine,
or spirituous or intoxicating fermented liquor, unless by oider of the physician, he
shall, on conviction thereof by indictment, be fined ten dollars, or be imprisoned in
the county jail ten days; and if such person be an oflicer of the prison, he [shall]
be forthwith dismissed. ■'- { '-^y^'}
§ 12. No person, without the! consent of the warden, shall bring into, or convey
out of, the prison, any letter or writing to, or from, any convict; and whoever shall
violate the provisions of this section, shall, on conviction thereof by indictment
57
442 PENITENTIARY.
be fined not exceeding one hundred dollars, or imprisoned in the county jail not
exceeding thirty days, or be both fined and imprisoned.
§ 13. Whenever any convict shall be discharged, either by pardon or otherwise,
the warden shall furnish to such convict necessary clothing, not exceeding ten dol-
lars in value, and such sum of money, not exceeding four dollars, as the warden
may deem necessarj and proper.
§ 14. The following persons shall be authorized to visit the penitentiary at pleas-
ure, namely: the governor, lieutenant-governor, members of the general assembly,
judges of the supreme court and circuit courts, attorney general, auditor of public
accounts, treasurer, secretary of state, and circuit attornies; and no other person
shall be permitted to enter within the walls of the prison, except by the special
permission of the warden, or under such regulations as the inspectors shall pre-
scribe.
§ 15. Any visiter who shall discover any abuse or infraction of law, or oppres-
sion, shall make the same known to the inspectors, and if any of the inspectors are
imnlicated, such visiter shall make the same known to the governor.
ARTICLE III.
Miscellaneous provisions,
Sbc. 1. Convicts under the laws of the United States to be received into the prison.
2. If such prisoner escape or attempt to escape from prison, how punished.
3. Liability of the warden for neglect or violation of duty toward such prisoner.
4. Convicts considered important witnesses, to be brought up by habeas corpus to testify.
£. In what cases he shall be examined as a competent witness.
6. Inspectors, warden, officers and guards, exempt from military duty and serving on juries.
7. Provisions for retaking conyicts who escape.
8. In what caaes the warden shall have authority of a sheriff" over the power of the county.
9. Inspectors and warden, when to enter on the duties of their ofiices.
10. Governor to fill vacancy , if there be one at that time.
11. Person sentenced to penitentiary prior to 1st January, 1836, how disposed of until that time. •
12. This act takes effect from its passage,
§ 1. The warden shall receive into the penitentiary and safely keep therein, sub-
ject to the discipline of the prison, any criminal convicted of any offence against
the laws of the United States, sentenced to imprisonment therein by any court of
the United States, sitting within this state, until such convict shall be discharged
by due course of law; the United States supporting such convict, and paying the
expenses attendant upon the execution of such sentence.
\ 2. In case any such prisoner shall escape, or attempt to escape out of the peni-
tentiary, he shall be liable to the like punishment as if he had been committed by
virtue of a conviction under the authority of this state.
§ 3. The warden shall be liable to the like penalties and punishment for an>
neglect, or violation of duty, in respect to the custody of any such prisoner, as if
Buch prisoner had been committed by virtue of a conviction under the authority
©f this state.
PENITENTIARY. 445
§ 4. Whenever any convict confined in the penitentiary shall be considered an
important witness in behalf of this state, upon any criminal prosecution against
any other convict, by the attorney general, or circuit attorney conducting the
same, it shall be the duty of any judge of the court in which the prosecution is
pending, to grant, upon the affidavit of such attorney general or circuit attorney,
a habeas corpus for the purpose of bringing such person before the proper court, to
testify upon such prosecution.
§5. Such convict may be examined upon such prosecution, and shall be con-
sidered a competent witness against any fellow convict, for any cflence actually
committed whilst in prison, and whilst the witness so offered shall have been
confined in the penitentiary.
{ 6. The inspectors, warden, and all the officers and guards of the penitentiary,
shall, during their continuance in office, be exempt from serving on juries, and
from military duty.
§ 7. Whenever any convict confined in the penitentiary shall escape therefrom,
it shall be the duty of the warden to take all proper measures for the apprehension
of such convict, and for that purpose he may offer and pay a reward, not exceeding
fifty dollars, for the apprehension and delivery of such convict.
§ 8. The warden shall, in all cases of alarm or danger at the penitentiary, have
the authority ot a sheriff over the power of the county in which the prison is
situate.
§ 9. The first inspectors and warden, elected or appointed in pursuance of this
act, shall enter upon the duties of their respective offices on the first day of Janu-
ary, eighteen hundred and thirty six, and not before, and shall not receive any
salary or compensation for any services rendered before that time.
§ 10. If on the first day of January, eighteen hundred and thirty-six, there be
any vacancy in the office of inspector or warden, the governor shall immediately
make appointments to fill every such vacancy, and the persons so appointed shall
hold their offices until the next biennial session of the general assembly, and until
their successors be appointed and qualified.
§ 11. If any person be sentenced in any court, prior to the first day of January,
eifrhteen hundred and thirty-six, to imprisonment in the penitentiary, the court in
which such conviction shall be had, shall direct such convict to be detained in the
county jail until the first day ot January, eighteen hundred and thirty-six; and the
time during which such convict shall continue in the county jail, after his convic-
tion, shall be deemed a part of the term of his imprisonment in the penitentiary.
§ 12. This act to take eflect from and after its passage.
Approved, Blarch \Z% 1835.
444 PERPETUATING TESTIMONY.
PERPETUATING TESTIMONY.
An act concerning perpetuating testimony.
B«c. 1. In what cases depositions may be taken to perpetuate testimony.
2. Dedimusto be granted, by whom; afiidnvit to bellied; its conicnis.
3. To be issued by the clerk under the seal of the court ; to whom directed.
4. Notice of time and place of taking depositions to be given, tc; to whom.
5. If person interested be a iiiarri<;d woman or minor, upon whom notice to be served.
6. Notice how served on persons residing williout the state.
7' Witnesses may be summoned to give testimony.
9. If it appear to the justice or clerk, tl:at notice has been given, testimony to be reduced to writing, t(C.
9. Answers of witnesses to be reduced to wriiiug, and how, and subscribed by tile witness.
10. Justices or clerks may adjourn the taking depositions from day to day.
•11. Depositions how certified and to whom delivered.
12. VVhen the same sliall be sent by mail or otiierwise.
13. Duty of the clerk to whom suc'i dcoositionb are returned.
14. In what cases depositions taken, recorded, certi. led, idc, may be rend in evidence^
15. If corner of land be in a decayed or pcrisliable condition, survey may he made; when.
16. Duty of the surveyor wlien making tie survey in placing corner posts or stones, 4"C. .
17. Plat and certificate of sucli survey to be made out; i:s contents.
18. Corners destroyed or obliterated by time or accident, ni;iy be perpetuated by testimony; how.
19. Proceedings of justices to get county surveyor and witnesses before tliem for that purpose.
20. Justices when ani where to proceed to examination of vvitncsses touching the existence or situation of sucli
corners.
21. Justices, in taking such examination, may adjourn from day to day.
22. E.\amination to be reduced to writing, signed, certiHed, &c . and delivered to the county surveyor.
. 23. Notice how given, in taking such depositions, to appear in the certificate of justice.
24. When county surveyor to make survey and plant stone or post at each of the obliterated or decayed corners; how-
governed in making survey.
25. Platand certiilcate to be made out; its contents.
26. Plats and certificates made under this act, to be recorded by surveyor; originals and depositions to be delivered to
recorder.
■27. Plats and certificates, and depositions, to be recorded by recorder; when rtnd how. and to whom delivered.
28. Plats and certilicatc-s, and depositions, taken and certified; when to be taken and received as evidence.
29. Costs attending proceedings under this law, how paid.
Be it enacted bij the general assemhly of tlie state of Missouri, as follows:
§ 1. The depositions of \Yitnesses to pei'petuate testimony may be taken where
any person is a party, or expects to be a party, to a suit pending or about to be
commenced in any court of this state, and the object is to perpetuate the remem-
brance of any fact, matter or thing relating to the boundaries of land, or to the
improvements of lands, the name or former name of water courses, the name or
former name of any portion or district of country, or regarding the ancient cus-
toms, laws or usages of the inhabitants of this country, as far as may relate to the
future settlement of land claims, or touching pedigree, title to slaves, or any other
matter or thing necessary to the security of any estate, real or personal, or any
other personal right.
§ 2. A dedimus shall be granted to take such depositions by any judge of the
supreme or circuit courts, on petition in writing, supported by the aiffidavit of the
applicant, setting forth tlie facts intended to be proved, the names of the" individ'
uals whose testimony is desired, and the place or places of their residence.
PERPETUATING TESTIMONY. 445
^ 3. The dedimus shall bs issued by the clerk of the court over which the judge
granting the same presides, and being witnessed by such clerk, and the seal of his
court, shall be directed to any two justices of the peace, or to any clerk of the su-
preme or circuit court, being in the county where'such testimony is to be taken, re-
qitiringsuch justices or clerk to take the depositions of the witnesses therein named.
§ 4. The party applying for the dedimus shall give notice in writing of the
time and place of taking such depositions, to every person v^'ho may be knov/n to
be interested, his or their attorney or agent, at least thirty days before the taking
of the same, and a copy of the petition and affidavit, upon which the dedimus was
granted, shall accompany such notice.
{ 5. In case the person interested be a married woman, the notice shall be
served on the husband; if a minor, on the guardian of such minor, and a guardian
ad litcjn may be appointed by the judge granting the dedimus, where there is no
guardian.
§ 6. The publication of such notice, in some newspaper printed in this state, at
least three weeks consecutively, the last insertion to be fifteen days before the day
of taking the depositions, shall be a sufficient notice to all persons residing without
the state.
§ 7. The justices or clerk may issue summons to such witnesses, requiring them
to appear and testify at a time and place therein named, and may enforce obedi-
ence thereto by attachment.
§ 8. The justices or clerk shall attend at the time and place appointed for taking
such depositions; and if it shall appear to such justices or clerk, that notice has been
given as is required by this act, such justices or clerk shall then and there reduce
to writing all the questions put to the witnesses by the party desiring such depo-
sitions, as also all the questions put by all and every person attending, who shall feel
interested, who shall have liberty to examine and cross-examine the witnesses.
§9. Such justices or clerk shall also reduce to writing ail the answers of the
witnesses to such questions as shall be put to thetn, and all such questions and
answers shall be written in the English language, or the language of the witness, if
he do notunderst nd tiie English language, and being distinctly read to such wit-
ness, shall be sworn to and subscribed by such witness.
§ 10. The justices or clerks shall have power to adjourn, from day to day, the
taking of such depositions, where the same shall be necessary.
§ 11. The justices or clerks taking such depositions, shall attach thereto his or
their certificate, stating the time and place Wi;ere such > epositions were taken,
that the witnesses were duly sworn as to the truth of their depositions, and that
they subscribed the same, and shall enclose them, together with the dedimus and
the evidences of notice, and the whole being carefully sealed up, shall be delivered
by the justices, or one of them, or clerk, to the clerk of the circuit court of the
county in which the property or matter is situated or belongs, to which such depo-
sitions relate.
§ 12. If any justice or clerk, taking such depositions, reside at such distance from
the clerk's office, where such depositions properly belong, as to prevent an imme-
446 PERPETUATING TESTIMONY.
diate delivery of such depositions by such justices or clerk, then it shall be lawful
to send the same by mail or otherwise.
{13. The clerk of the circuit court of the county where such depositions prop-
erly belong, shall, on receiving the same, endorse the manner of their transmission
to him, and shall immediately, m his ex officio capacity of recorder, record the
depositions with the accompanying papers, and his certificate as to the manner of
"their transmission, and shall make his certificate on the back of the depositions,
that the same, together with the accompanying papers, naming them, were by him
duly recorded, and deliver the original depositions and accompanying papers to
the party on whose petition the dedimus issued.
§ 14. Depositions taken and certified in conformity to the preceding provisions
of this law, or duly certified copies of the record of such depositions, may be used
and read as evidence in any case to which they relate, 1st. If the deponent be
dead; 2d. If he be unable to give testimony by reason of insanity or imbecility of
mind; 3d. If he be rendered incompetent by judgment of law; 4th. If he be
removed, so that his testimony cannot be obtained; but all legal exceptions may
be taken and allovv^cd to the reading of suc'i depositions on any trial at law or in
equity, in which the same may be offered in evidence.
§ 15. Any person or persons, their agent or attoiney, owning or being interested
in any tracts of land within this state, any corner or corners of which shall be in
a decayed or perishable condition, may require the surveyor of the county to make
a survey thereof.
§ 16. Such county surveyor shall cause to be planted, by the person requiring
such survey, at each of such decayed corners, a stone or post, such surveyor no-
ting particularly the situation and condition of the original corner trees called for
in the original survey, and all the places of notoriety over or by which the lines of
such survey may pass.
§ 17. Such surveyor shall make out a plat and certificate of such survey under
his hand, noting the names of the chainmen, marker and other persons present at
the planting of any corner stone or post, and noting also the variation from the
original lines at the time of making such survey.
§ 18. When the corner or corners of any survey shall have been destroyed or
obliterated by time or accident, the owner or owners of such survey, or of any
other lands, the title of which may be afiected by the loss of such corner, may call
on two disinterested justices of the peace of the county in which the land shall
be situated, for the purpose of establishing such corners by testimony.
§ 19. Such justices are required, upon application, to issue their warrant to any
constable or sheriff of the county, to cause to come before them, at a place on the
survey, and on a day to be designated in the warrant, the county surveyor and
such witnesses, as well without as within the county, as the person demanding such
warrant, or other person interested, may require.
§ 20. Such justices shall, on the day appointed, proceed to the place designated,
and there, in the presence of the county surveyor, examine the witnesses sum-
moned and others attending, touching the existence or situation of such destroyed
PERPETUATING TESTIMONY. 447
or obliterated corners, or any other matter in relation to the entry or survey of
such land, or of the corners or boundaries of any adjoining land, when the same
may be necessary or conducive to the accomplishment of the object of the appli-
cant.
§ 21. Such justices shall have povv'er to adjourn from day to day, when the same
may be necessary to the accomplishment of the examination.
§ 22. Such justices shall reduce the examinations of the witnesses to writing,
which shall be signed and sworn to by the deponents, and being certified and
signed by the justices, shall be by them delivered to the county surveyor.
§ 23. The same notice shall be given previous to taking depositions under the
five last preceding sections of this law, in all respects, as is required to be given by
the fifth and sixth sections thereof; and satisfactory evidence of such notice shall
be required by the justices before they shall proceed to take the same, all of which
shall appear in their certificate annexed to the depositions.
§ 24. The county surveyor shall, if required by the party owning or being in-
terested in such survey, make a survey thereof, and shall cause to be planted a
stone or post at each of the decayed or obliterated corners, and shall be governed
in his survey, or in planting such stones or posts at the corners, by the depositions
which shall have been taken and delivered to him in relation thereto.
§ 25. Such surveyor shall make out a plat and certificate of such survey, noting
therein the corners at which he shall have planted stones or posts, the names of the
chainmen, markers and others, present at the planting of the same, and that the
same was done in accordance with the testimony contained in the depositions.
§ 26. The county surveyor, making a survey under any of the provisions of this
law, shall record the plat ami certincate thereof, in a book to be by him kept and
provided for that purpose, an i sh.iU deliver the original, with any depositions
delivered to him in pursuance of this law, duly certified, to the recorder of the
county.
§ 27. Recorders of counties, to v^^hom any plat and certificate of survey made,
and depositions taken by virtue of this law, shall be delivered by a county sur-
veyor of his county, shall record the same in a book to be by him provided and
kept for that purpose, and shall deliver the originals to him at whose instances the
survey was made, or depositions taken.
§ 28. Plats and certificates of survey, and depositions to establish corners, or
certified copies of the record thereof, where the same have been made or taken in
conformity with the provisions of this law, may be used and received in evidence
in all cases, at law or in equity, to which they may relate, subject to legal ex-
ceptions.
§ 29. All fees and costs attending the proceedings under this law, shall, in the
first instance, be" paid by the party on whose application the same shall be had, who
may recover from persons who shall use or be benefitted by the same, their equal
proportion of the expense incurred in obtaining it.
Approved^ February 6th^ 1835.
448 POOR.— POSSE COMITATUS.
POOR.
An act for the relief of the poor.
Sic. 1. Who deemed, and liovy supported.
2> County court in their discrution to grant relief, and to whom.
3. Court, on information given, or of tlicir own knowledge, to order support at the expense of the county.
4 Court may aliow funeral expense of piiuper.
Be it enacted by tht general assembly of the state of Missouri, as follows:
§ 1. That each counly in this state shall relieve, support and maintain its own
poor, such as the lame, blind, sick, and other persons, who, from age or infirmity,
are unable to support himself or herself, and who has resided twelve months, next
preceding the time of any order being made respecting such persons, in the county,
and who has not removed fi'om another county for the purpose' of imoosing the
charge of keeping such poor person in the county where he or she may have last
lived, for the time aforesaid.
§ 2. The county court shall, at all times, use their discretion, and grant relief to
all citizens who may require their intercession.
§ 3. The county court, in their respective counties, on the information of any jus-
tice of the peace of the county, v/heie any poor person may have resided for the
space of time in the first section of this act mentioned, or on the knowledge of the
judges of said tribunal, or any of them, that such person is lame, blind or sick, and
thereby unable to support himself or hei'self, or, from age or infirmity, unable to
support himself or herself, shall, from time to time, and as. often and for as long a
time as it may be necessary [to] provide, at the expense of the county, for the sup-
port and maintenance of such poor person.
§ 4. Any county court may, in its discretion,. allow such sum as it shall think
reasonable for the funeral expenses of any pauper who shall die within the county.
Approved, January ^Qth, 1835.
POSSE COMITATUS.
' An 'act authorizing officers to call to ilte:it ' Assistance the power of the county.
li- j!o,is' ■-■■ ■ 1: ■ - ' /; -"'-^ ' ■
.Sxc^, 1> ,;Mfiy be-called to aid mioisterial officers in execution of process.
2, Penalty on person summoned and refusing to attend.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. In all cases -where, by the common law, or a statute of this gtate, any' officer
is authorized to execute any process, he may call to his aid' all free white male in-
habitants above the age of twenty-one years, of the county in which such officer
is authorized to act.
PRACTICE AT LAW.— PETITION IN DEBT. 449
^ 2. If any such person shall refuse or neglect to obey the summons of any such
officer, such person shall be fined in any sum not exceeJinj- fihy dollars, nor less
than five dollars.
Approved, December IBth, 1834i
PRACTICE AT LAW— PETITION IN DEBT.
A?i act for the speechj recovery of debts due on bonds and noter.
S«c. 1. Holder of bond_or note may ccinmence suit by petition in debt.
2. Form of petition.
3. Petition by assignee, &c., petition with instrument filed with clerk, sararai>ns to issue; how executed.
4. If served personalty with process, trial at firgt term; pleadings regulated.
■5. Proceedings under tliis act, how proceeded in to final judgment.
Be it enacted by the general assembly of the state of Missouri, asfolhivs:
§ 1. Any person being the legal owner of any band or note for the direct pay-
ment of money or property, may sue thereon in any circuit court having jurisdictioii
thereof, by petition in debt.
§ 2. The petition may be in the following form: "To the circuit court
plaintiff states, that he is the legal owner of a bond, or note, (as the case may be,)
against the defendant, to the following effect, (here insert a copy of th6
instrument sued upon,) yet the debt remains unpaid, therefore, he demands judg-
ment for his debt, and dtimages for the deiention thereof, together Vvith costs."
§ 3. If the plaintiff be the owner of the instrument sued upon, as assignee
th-ereof, the fact of assignment shall be stated in the petition, and the statement
thereof may be in the following form: "On which are the following assignments,
(hei'e insert the assignments,) by virtue of which, the plaintiff" has become the owner
thereof." The petition, together with the instrument sued upon, and the assign-
ments, shall be filed in the clerk's office, and a writ of summons or capias may be
sued out, executed and retui'ned in the same manner, and with the like effect, as
tipon a declaration in the oi'dinary form.
§ 4. If the defendant shall have been personally served with the process, he shall
plead to the merits of the action, on or before the second day of the term at which
he is bound to appear, if the term shall so long continue, if not, then within such
time in the term as the courtshall direct; and the suit in such cases shall be deter-'
mined at the same term, unless continued for good cause.
§ 5. A suit instituted in the form prescribed in this act, shall, except where it is
iierein otherwise provided, be proceeded in to final judgment and execution, in the
same manner and with the like effect as if instituted in the ordinary form.
Approved, March lUh, 1835.
58
450 PRACTICE AT LAW.
PRACTICE AT LAW.
An act to regulate the practice at laic,
ART. I. Of the commenconient of suits, and the service and return of process and notices.
ART. II. Of procccilings by, and against bail, and infants.
ART. III. Of pleadings, jnteriocutory judgments, and assessment of damages.
ART. IV. Of trials and their incidents.
ART. V. Of the abatement of suits, and tlieir revival ; of consolidating and referring actions.
ART. VI. Of amending pleadings and proceedings.
ART. VII. Of new trials, arrest of judgment, final judgments, and miscellaneous provisions.
ARTICLE 1.
Of the commencement of suits, and the service and return of process and notices*
Skc. 1. How suits at law in courts of record may be instituted.
2. Original writ not to issue until declaration is tiled ; how issued, and to whom delivered,
3. Original writ wtinn to be dated, and when returnable.
4. Suits instituted either by summons or capias, in what cases, and where to be brought.
5. Suits by attachment, where to he brought.
6. Several defendants in diSerent counties, writs liow issued ; suits on attachment, writ may issue to differ^t
counties ; when.
7. Several defendants, capias may issue against some, and summons against the others.
8. The original v^rit in all cases, except otherwise provided, shall be a summons ; its contents.
9. When capias is granted, amount of bail to be endorsed.
10. Not to be granted except upon affidavit ; its contents.
11. Upon liquidated demands, amount to be specified in the affidavit; in all other cases, what facta neeessary.
12. What the capias shall command the officer to do ; amount of bail to be endorsed.
13. How summons may be executed.
14. How capias may be executed.
15. Defendant arrested on capias, may be discharged by giving recognizance ; its conditiort,
16. Officer charged with the execution of capias, may be made co defendant ; in what cases.
17. Return of all writs delivered to be executed, to be in writing and sign^ by the officer.
18. How notices may be served in the commencement or progress of suits. 1
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. Suits at law may he institued in courts of record, except where the statute
law of this State otherwise provides, either,
First, By filing in the office of the clerk, a declaration, setting forth the plain-
tiff's cause of action, and by the voluntary appearance of the adverse
party thereto; or.
Second, By filing such declaration in such office, and suing out thereon a writ
of summons, or of capias, against the person, or of attachment
against the property of the defendant.
§ 2. No such original writ shall be issued until the declaration be filed in the
clerk's office; and the writ, when issued, shall be endorsed upon, or annexed to»
the declaration, or to a copy thereof, and the declaration or copy tliereof, together
with the writ, shall be delivered to the officer charged with the execution of the
same.
§ 3. Every such original writ shall be dated on the day it is issued, and shall be
made returnable on the first day of the next term thereafter; but if the first day •(
1
PRACTICE AT LAW. 45I
tuch term be within fifteen days thereafter, then such writ shall' be made return-
able on the first dny of the second term.
§ 4. Suits instituted either by summons or capias, shall be brought,
First, Where the defendant is a resident of this state, either in the county
within which tlie defendant resides, or in the county within which
the plaintiiF resides, and defendant may be found; or.
Second, Where the defendant is a non-resident of this state, in any county
within which the defendant may be found; but no person who is a
resident of this state, and who has not absconded from his usual
place of abode, shall be arrested upon a capias, in any county other
than that of which he is a resident.
§ 5. Suits commenced by attachment against the property of a person shall be
brought in [the] county in which such property may be found.
§ 6. When there are several defendants in a suit instituted by summons or ca-
pias, and they reside in different counties, the suit may be brought in any such
county, and a separate writ may be issued to each county against such of the de.
fJendants as reside therein; and vvhen a defendant in a suit instituted by attachment
has property in several counties, separate writs may be issued to every such county,
and every such writ shall be endorsed upon, or annexed to, a copy of the decla-
ration.
§ 7. When there are several defendants in a suit, a capias may be issued against
any one or more of them that are liable thereto, and a summons shall be issued
against the others.
§ 8. The original writ, in all cases where it is not otherwise provided by law,
shall be a summons, which shall command the officer to be charged with the exe-
cution thereof, to summons the defendant to appear in the court on the return-day
of the writ, and at a place to be specified in such writ, to answer the complaint of
the plaintiff.
§ 9. A capias shall [be endorfed] when it is allowed by the court out of which
ii is to issue, or by any judge or clerk thereof, by an order in writing granting such
writ, specifying the amount in which boil shall be required.
5 10. No such order shall be granted unless the court or officer be satisfied, by
the affidavit of the plointifli'", or of some other person, that the plaintiff has a sub-
sisting and unsatisfied cause of action against the defendant, and that the defendant
is about to remove out of this state, or that the plaintiff will be in danger of losing
his demand unless a capias be allowed.
§ 11. Where the amount of the plaintifl''s demand is liquidated, the amount due
shall be specified in the affidavit, and in all other cases the facts and circumstances
of the case shall be stated in the affidavit, so as to enable the court or officer to de-
termine the amount in which bail ought to be given.
} 12. A capias shall command the officer charged with the execution thereof, to
take and safely keep the defendant, so that he may have him before the court on the
return day of the writ, and at a place to be specified in such writ, to answer the
452 PRACTICE AT LAW.
complaint of the plaintiff;, and the officer issuing such writ shall endorse thereoa
the amount in which the defendant shall be required to give bail.
§ 13. A summons shall be executed, either,
Firsl^ By reading the declaration and writ to the defendant; or,
SeconcU By delivering to him a copy of the declaration and writ; or,
Third, By leaving a copy of the declaration and v/rit at his usual place of
abode, with some white person of the family over the age of fifteen
years; but in all cases where the defendant shall refuse to hear such
writ and declaration read, or to receive a copy thereof, the offer of
the officer to read the same, or to deliver a copy thereof, and such
refusal, shall be a sufficient service of such writ.
I 14. The officer charged with the execution of a capias shall execute the same
fcy arresting the defendant, and reading to him the writ and declaration, or deliver-
ing to him a copy thereof, and committing him to the common jail of the county*
there to remain until discharged according to law.
§ 15. Every defendant so an-ested shall be discharged from such arrest, upon his.
entering into a recognizance to the plaintiff, before the officer charged with the
execution of the writ, with sufficient securities, in a sum equal to the sum endorsed
upon the writ, conditioned, that if judgment be given against him in the suit, he
•will pay the amount of the recovery, or .surrender himself in execution, or that
the securities will do it for him; and such recognizance shall be returned Vv'ith the
writ.
§ 16. Every officer charged vvith tlie execution of a capias, may be made a co-
defendant in the suit in which such writ issued, may defend the suit, and shall be
liable to the like judgment therein with the original defendant, in either of the fol-
lowing cases:
First, Where he s-hall return the writ executed, and shall not have taken bail,,
nor shall have the defendant according to the command of the writ; or.
Second, Where he shall fail to return the recognizance of bail by him taken; or,
Third, Where the ball taken, or the recognizance thereof, shall be adjudged
insufficient, and the defendant, upon being ruled thereto, shall fail to
perfect the same.
§ 17. Every officer to whom any writ shall be delivered to be executed, shall
make return thereof in writing, and shall sign his name to such return.
5 18. Whenever, in the commencement or progress of any suit, it shall be ne-
cessary to serve any notice, such notice may be served, either.
First, By an officer authorized by law to serve any original process of the
court, in which such suit is to be brought or may be pending; or,
Second, By any person who would be a competent witness upon the trial of
such suit. Every such notice may be served in like manner as a
writ of summons, and the return of such service, when made by an
officer, or when made by a person other than an officer, and verified
by the affidavit of such person, shall be received as evidence of the
facts therein stated, subject to be repelled by contrary proof.
PRACTICE AT LAW. 453
ARTICLE II.
Of proceedings hy, and against hail, a7id infants^
Sec. 1. Who shall not become bnil without leave of court.
2. Sufficiency of l;ail to he excepted to ot ti:e return term.
3. Amoutit of hail may be reduced or recojiiiznn^c vacated, Ac, when; how to proceed ia such eases.
4. Application for relief under tVe prcce-'ing section, wlion to be h.eard ; notice to be given, and to whom-
5. If rero;;:iizance of hail be forfeited, plaintiJ may have sch-e facias ; to what county issued ; how exe.
cuted, and proceoilincs.
6. If two writs in succession, return tl'C dcfeiidai:! not found, sucli second return equivalent to actual servipe.
7. Bail may surrender dct'eiulant, or defendant may surrender himself in execution.
8. Before what courts or ofllcers such surrender shall be made.
9. The proceedings to e.Tect such surrender.
10. 'Surrender before final judgment, new bail may be taken; if after final judgment, proceedings.
11. Suit sliall not be instituted against bail, until execution against defendant be issued and returned uii'
satisfied, &c.
12. In action ag:iinst bail, what they may plead ; when entitled to a verdict.
13. If defendant shall die. before return of scire facias, or second wiit returned, &c., bail discharged.
14. Principal surrendered after suit against bail, costs to be paid by the bail.
15. Bail may have judgment on motion against the principal ; when, and its extent.
16. Officer made co-defendant may have ju igment against principal, when ; and proceed against insufficient bai)^
17. Suits by infants may be commenced and prosecuted; how.
18. Next friend for infant, by whom appointed.
19. Appointment to be made on petition of infant and consent of person to be appointed.
20. In what cases bond to be given to infant by next friend ; its condition.
21. Bond to be delivered and filed with the clerk.
22. Petition for next friend t.) be appointed, and his consent to serve, and the order appointing him, to
be filed with the clerk, .*-c.
23. Guardian or next friend, responsible for costs.
24. Suit against infant and process served, not to proceed until guardian be appointed.
25. By whom appointed ; to he done on request of infant and consent of person appointed ; shall be filed, &,ef
26. Defendant fail to procure the appointment of guardian, court to appoint one.
27- No guardian appointed to defend suit shall be responsible for costs, unless for misconduct, &c.
§ 1. No attorney, solicitor, or counsellor at law or in equity, sheriff or other
person concerned in the execution of process, shall become bail in any case, civil
or criminal, without leave of the court.
§ 2. All questions concerning the sufficiency of bail, shall be determined during
the term at w^hich the defendant is bound to appear, and if the sufficiency thereof
.shall not be excepted to at that term, the bail given shall be deemed to be ac
cepted.
§ 3. The court out of which ony capias shall is.^ue, [or] any judge thereof in va-
cation, may reduce the amount for which bail shall have been required; and the
court, at any time during the pendency of tiie suit, if thej be satisfied that bail
ought not to have been required, m:iy vacate the or 'er allowing the capias, or may
direct the recomizance to be cancelled, or the defendant to be discharged from im-
prisonment, and in every such case shall order his appearance to be accepted, and
the suit to proceed, in all tiings, as if the original writ had been a summons.
} 4. No application for any relief provided in the last preceding section, shall be
heard, unless reasonable notice in writing of such application shall have been pre-
viously given to the adverse party, or to his attorney.
454 PRACTICE AT LAW
§ 5. If the recognizance of bail be forfeited, the plaintiff may have a scire facias^
thereon, and such scire facias may be directed to the county where the recogni-
zance was taken, or to any county in wiiich the defendant may l:>e found, and shall
be executed in like manner as a writ of summons; andupon any such writ being ex-
ecuted, such proceedings shall be had therein tu fmu' judgmentas in other civil cases.
§ 6. It two such writs be sued out in succession to the county in which the re-
cognizance shall have been taken, and both be returned that the defendant could
not be found within the county, such return to such second writ shall be equivalent
to an actual service thereof.
§ 7. The bail of any defendant mav surrender him, or such defendant may sur-
render himself in exoneration of his bail, at any time before the return day of pro-
cess in an original action, on the recognizance returned executed, or before the re-
turn day of a scire facias \hex eon returned executed, or before the return day of a
second scire facias, thereon so returned, as to be equivalent to an actual service,
§ 8. Such surrender shall be made before the following courts, or ofiicers:
First, If the surrender is made during the pendency of the original suit, it
shall be made before the court where such suit is brought, or before
a judge or clerk thereof.
Second, If the surrender is made after final judgment shall be given in the ori.
ginal suit, [it] shall be made before the court in which such judgment
was given, or before a judge or clerk thereof.
$ 9. The proceedings to effect such surrendei^shall be as follows:
First, There shall be produced to the court or officer authorized to accept the
same, two certified copies of tl:e recognizance, upon one of which
such court or officer shall endorse an order, that the defendant be
committed to the custody ot the sheriiT of the county in which the
suit is pending, or the judgment is rendered, in exoneration of bis
bail, which shall be delivered to such sheriff, and shall authorize him
to commit and detain such defendant until he be duly discharged.
Second, Upon producing to such court, or officer, the certilicate of the sheriff^
that the defendant has been committed to, and remains in^ his custody
by virtue of such order of commitment, acknowledged before such
court, or officer, by the sheriff, or proved by the subscribing witness
thereto, an order shall be made requiring the plaintiff to shew cause
before such court, or offi.cer, w!iy the bail of such defendant should
not be exonerated from theii- liability.
Third, Upon producing proof of the service of such order on the plaintiff or
his attorney, such court or officer shall hear the allegations and proofs
of the parties, and, if no good cause to the contrary appear, shall
* endorse an order on the second certified ci py of the recognizance,
declaring that the bail of such defendant are discharged from their
liability as such bail in the suit in which such recognizance was
taken.
PRACTICE AT LAW. 453
Fourth^ To such certified copy of the recognizance of bail, shall be attached,
the certificate of the sherifT herein-before required, the order to shew
cause, and the proof of the service thereof, and the same shall be
forthwith filed in the ofBce of the clerk of the court, and, until so
filed, the liability of such bail shall continue.
§ 10. If such surrender in exone.ation of bail be made before final judgment be
given in the suit in which the bail was taken, the sheriH' may take new bail in the
same manner, and with like eiiect, as in the first instance; and if such surrender
be made after final judgment, and the plaintiM shall not charge the de.^endant in
execution, within ten daj-s- after the filing of the order of discharge in the clerk's
office, as provided in the last clause of the preceding section, the defendant shall
be discharged from imprisonment; notwithstanding such discharge from imprison >
ment, after final judgment, the judgment shall continue in force against the prop-
erty of the defendant, and new execution ngainot his property may be had m like
manner as if he had not bocn imprisoned.
§ 11. The plaintiff in the original action shall not be entitled to bring any ori-
ginal suit, ov scire facias, upon the recognizance of bail, until an execution against
the property and body of the defendant shall have been issued to the county in
which the recognizance of bail was taken, and the same shall have been returned
unsatisfied, in whole or in part, and that the defendant could not be found within
the county.
§ 12. In an action against bail, they may plead, that an execution against the
property and body of the defendant in the original suit was not issued as herein
chrected, or that it was not issued, to execute the same, in sufficient time to enable
the officer to whom it was directed, or that any fraudulent or collusive means were
used to prevent the service of such writ; and if any such defence be established,
it shall entitle the bail to a verdict.
§ 13. When the defendant in a suit shall die at any time before the return day
of any process served on the bail, or of a second writ of scire facias so returned
as to be e(|uivalent to an actual service, the court shall relieve such bail on the
same terms as if they had surrendered their principal at the time of his death.
-§ 14. When the principal shall be surrendered after the commencement of a
suit against the bail, such bail shall pay all the costs which shall have been incurred
therein before the surrender.
§ 15. When judgment shall be given against the bail, and they shall pay the
whole or any part of such recovery, they shall be entitled, upon motion, to judg-
ment in the same court against the principal for the amount so paid, and costs; and
on such motion, and in all suits for the recovery of such money, shall recover in-
terest thereon, at ten per centum per annum, from the time of the payment.
§ 16. When any officer shall be made a co-defendant, as herein-before provided,
and judgment shall be given against him, and he shall pay the amount of the re-
covery, or any part thereof, such officer shall have the same remedy against the
principal as the bail have in like cases ; and when such officer shall have been made
a «o-defendant on account of the insufficiency of the bail by him taken, and judg-
456 PRACTICE AT LAW.
ment shall be given against him, he may proceed against the bail on the recogni-
zance, in the name of the plaintiff, to his own use.
§ 17. Suits by infants may be commenced and prosecuted, either,
First, By the guardian of such infant; or,
Second, By a next friend appointed for him in such suit.
§ 18. The appointment of such next friend shall be made by the court in which
the suit is intended to be brought, or by a judge or clerk thereof.
§ 19. It shall be made on the petition, in writing, of such infant, and the written
consent of the person proposed to be next friend to such infant, acknowledged be-
fore, or proved to, the court or officer makirtg the appointment.
§ 20. Before any person shall be appointed next fi'iend for an infant, in any suit
to recover any personal property, debt or damages, he shall, if required by the offi-
cer to whom application for such appointment shall be made, execute a bond to
such infant, in double tKo amount claimed in such suit, with such securities as shall
be approved by such officer, conditioned, thai b^oU next friend shall ac30unt to
such infant for all monies or property whicli may be recovered in such suit.
\ 21. Such bond shall be delivered to such olficer before the appointment shall
be made, and shall be filed in the office of the clerk of the court in which the suit is
to be brought.
§ 22. The petition for the appointment of a next friend, the written consent of
the person proposed to be the next friend, and the order of the appointment, shall
be filed in the office of the clerk of the court where the suit is proposed to be
brought, before any pi^oceedings shall be had in the cause.
§ 23. The guardian or next friend of any infant who commenced or prosecuted
a suit, shall be responsible for the costs thereof.
5 24» After the commencement of a suit against an infant defendant, and the ser-
vice of process upon him, the suit shall not be prosecuted any further until a guar-
dian for such infant oe appointed.
§ 25. Such appointment shall be made upon the request of the defendant, and
on the written consent of any competent person proposed as guardian by the
court in which the suit is pending, or by a judge thereof in vacation, and shall be
filed in the ofiice of the clerk of the court, before any plea by such infant shall be
filed.
5 26. If such infant defendant neglect, for one day after the first day of the term
at which he is bound to appear to the suit, to procure the appointment of a guardian
to defend the suit, the court shall appoint some competent person to be guardian
for such infant in the defence of such suit.
§ 27. No person appointed guardian for the purpose of defending a suit against
an infant, shall be liable for the costs of such suit, unless specially charged by the
order of the court for some personal misconduct in such cause.
PRACTICE AT LAW. 457
ARTICLE III.
Of pleadings, interlocutory judgments, and assessment of damages*
Seo. 1. When process is served fifteen days before return day, defendant to appear, &c.; if less than fifteen days,
when to appear.
2. Several defcndante, some ierved with process fifteen days before return day, others not, proceedings.
3. Suits shall not be delayed longer than;;second terra to bring in other defendants, unless by consent of those
appearing.
4. No essoin or wager of law allowed, nor suit delnyed by the non-age of either of the parties.
5. Suits may be prosecuted_^or defended^in person or by attorney; warrant of attorney to appear, not ne-
cessary, except, &c.
6. Pleadings signed by the party or his attorney, time of filing to be endorsed, and if filed in terra, minute
to bC'^made.
7. Pleas in abatement to be on oath.
8. Pleas when to be filed.
9-5.^^?"''*''°"^ ^"d Subsequent pleadings, when to be filed.
10. Pleadings filed in vacation,~copies^to be served ;~vvhen' and On whom.
11. Similiters, and joinders in demurrer, may be filed at any time without notice.
12. Time for filing any pleading may be extended by the court for good cause.
13. Person not to be prejudiced by ancient terms and forms of pleading, so that the matter fully appear, &c.
14. On demurrer^filed, defect or imperfection in process, pleading, ifc, if sufficient inatter appear, not to be re-
garded, except specially expressed in the demurrer.
15- Defects, &c., msntioned in last section to be amended, except they be express in the special demurrer.
16. Demurrers may be joint and several ; may be sustained as to part of the pleadings, and overruled as to the
residue.
17- Pleas in abatement, dilatory pleas and demurrers, when to be determined.
18. Party having cause of action against several, may sue all or part.
19. Suit may be_broughc on lost instrument of writing; excuse for profent to be alleged, &.c.
20. Profent to be made, and oyer given, of instruments of writing upon which declaration or pleading is founded.
21. Action of debt to recover money received contrary to any statute, what allegations sufficient in the decla.
ration.
22. Action of assumpsit to recover money received contrary to any statute, what allegations sufficient in the
declaration.
23. Trover or detinue for property received contrary to any statute, what is sufficient to set forth in the dee-
laration.
24. Defendant may plead as many several pleas as he shall think proper, S^c.
25. Extent of liability of persons sued as executor or administrator, or executor of their own wrong.
26. Payment may be plead in bar of a suit on bond, judgment, or scire facias on judgment.
27. In suits against a public officer, or persons acting under such officer, may plead the general issue and givo
special matter in evidence.
28. In actions against persons for acts done by authority of any statute, what and how the defendant may
plead.
29. Replication of plaintiff to defendant's plea, on the issue, the whole matter to be given in evidence.
30- When court may allow plaintiff to reply several matters, &;c., and defendant to rejoin several matters.
31. Defendant failing to file pleading, give notice of the same when required, judgment by default, &c.
32. Plaintiff failing to file replication, Ifc, give notice of the sarhe when required, judgment of no* pros, &c
33. When there are several defendants, some appear and plead, and others make default, proceedings.
34. Judgment for the plaintiff by default, confession, or on demurrer, to lie final if demand l^ liquidated.
35. If not, writ of inquiry of damages shall be made, and at what term.
§ 1. Every defendant served with process fifteen days be/bre the return day
thereof, shall appear to the suit at the retui'n term of the writ; and when such pro-
cess shall be'servedless than fifteen days, he shall appear at the term next after the
return terni of such writ.
} 2. When there are several defendants in a suit, and some of them are served
59
458 PRACTICE AT LAW.
with the process fifteen days before the return day thereof, and others of them are
not served, or not served in due time, the plaintiff' may either discontinue as to all
not served, and not served in due time, and proceed against those that are bound to
appear, or he may continue the suit until the next term, and take new process
against those that are not served.
§ 3. But, at such second term, the suit shall proceed against all who shall have
been served in due time, and no further delay shall be allowed to bring in the
others, unless all that appear shall consent to such delay.
§ 4. No essoin or wager of laws shall be allowed, nor shall any suit be deferred
or delayed by reason of the non-age of any of the parties.
§ 5. Parties may prosecute and defend their own suits in proper person, or by
an attorney or counsellor of the court, and it shall not be necessary to file any war-
rant of attorney to authorize any attorney to appear m any court for either party
to an action brought therein, except in cases where it shall be specially required by
law.
§ 6. Every declaration, and other pleadings, shall be signed by the party or his
attorney, and the clerk shall endorse thereon the day upon which it shall be filed?
and, if filed in term, shall make an entry thereof on the minutes.
§ 7. No plea in abatement, or other dilatory plea, not involving the merits of the
action, shall be received, unless it be verified by the affidavit of the party offering
the same, or some other credible person.
5 8. Every plea to the merits of the action shall be filed on or before the sixth
day of the term at which the party pleading the same is bound to appear, if the
term shall so long continue, and if not, then before the end of such term.
5 9. Replication shall be filed within thirty days after the commencement of
the term at which the defendant is bound to appear; and all subsequent pleadings
shall be filed within such time, and in such manner, as shall be prescribed by the
rules of practice of the court.
§ 10. A copy of every replication and subsequent pleading filed in vacation, shall,
within fifteen days after the filing thereof, be served on the adverse party or his
attorney.
5 11. Similiters and joinders in demurrer may be filed at any time, and without
serving a copy thereof upon the adverse party, or his attorney.
§ 12. The courts, upon good cause shewn, and for the furtherance of justice,
may extend the time prescribed in this act for filing any pleading upon such terms
as shall be just.
§ 13. No i>erson shall be prejudiced by the ancient terms and forms of pleading,
so that the matter fully appear in the process, declaration or other pleading.
§ 14. When any demurrer shall be filed in any action, and issue be joined there-
on, the court shall proceed and give judgment accordmg as the very right of the
cause and matter in law shall appear, without regarding any defect, or other im-
perfection in any process or pkading, so as sufficient matter appear in the pleadings
to enable the court to give judgment according to the very right of the cause
unless such defect, or other imperfection, be specially expressed in the demurrer.
PRACTICE AT LAW. 459
§ 15. If any demurrer be filed in any action, the court shall amend every such
defect, or other imperfection, in any process or pleading in the last section men-
tioned, other than those which the party demurring shall specially express in his
demurrer.
} 16. Demurrers may be joint and several, and may be sustained as to partofthe
pleadings demurred to, and overruled as to the residue, according to the circumstan-
ces of the case, with like eflect, and in all respects as if a separate demurrer had
been filed to each pleading so demurred to.
§ 17. All pleas in abatement, and all other dilatory pleas not invoking the mer-
its of the cause, and all demurrers shall be determined during the term at which
they are filed, and when filed in vacation shall be determined at the term next after
the filing thereof.
§ 18. Every person that shall have a cause of action against several persons, and
be entitled by law to only one satisfaction therefor, may bring suit thereon jointly
against all, or as many of the persons liable as he may think proper.
§ 19. An action at law may be maintained on any instrument of writing, not-
withstanding it may be lost or destroyed, and in every such action no profert
of such instrument shall be required, but the party shall allege the loss or destruc-
tion as an excuse for the want of profert, and every such allegation shall be con-
sidered a material averment in the case of such party.
§ 20. When any declaration or other pleading shall be founded upon any instru-
ment of writing charged to have been executed by the other party, or by his testa-
tor or intestate, or other person represented by such party, and not alleged there-
in tQ be lost or destroyed, profert thereof shall be made, and oyer given.
§ 21. In an action of debt brought to recover any money received by any person
contrary to the provisions of any statute, it shall be sufficient for the plaintiff', with-
out setting forth the special matter, to allege in his delaratien, that the defendant is?
or that his testator or intestate was, indebted to the plaintiff' according to the pro-
visions of such statute, naming the subject matter thereof, or referring to the
statute in some general terms.
§ 22. If any action of assumpsit be brought for money received contrary to the
provisions of any statute, it shall be sufficient for the plaintiff", without setting forth
the special matter, to allege in his declaration that the same was received contrary
to the provisions of such statute, referring to the same as prescribed in the last
section.
§ 23. If any action of trover or detinue be brought for any property received
contrary to the provisions of any statute, it shall be sufficient for the plaintiff' to set
forth in his declaration that such property was converted, by the defendant, or by his
tes.ator or intestate, or is unlawfully detained by the defendant, contrary to the
provisions of such statute, referring to the same as prescribed in the two preceding
sections.
§ 24. The defendant in any action may plead as many several pleas as he shall
think necessary for his defence, subject to the power of the court to compel him
460 PRACTICE AT LAW.
to elect by which plea he will abide incases where he rriay plead inconsisten
pleas.
§ 25. Persons sued as executors or administrators shall not be made personally
liable in any action, nor shall persons sued as executors of their own wrong, be
made liable to a greater extent than they otherwise would be by reason of any
such person having pleaded any false plea.
§ 26. When any action shall be brought upon a bond, or upon a judgment, or
when a scire facias is brought upon a judgment, the defendant may plead payment
of the amount due on such bond or judgment, in bar of such action or writ.
} 27. In every action brought against any public officer of this state, or against
any person specially appointed, according to law, to execute the duties of any such
public officer, for or concerning any act done by such officer or person, by virtue
of his office, and in every action against any other person, who, 6y the command-
ment of such officers or persons, or in their aid or assistance, do any thing touch-
ing the duties of such office or appointment, the defendant may plead the general
issue, and give the special matter in evidence.
§ 28. In every action brought against any person for any act done by authority
of any statute of this state, the defendant may plead not guilty, or may make
'avowry, cognizance or justification of the act done, alleging therein that the same was
done by authority of such statute, naming the subject matter thereof, or referring
thereto in some other manner with convenient certainty, without expressing any
matter contained in such statute.
{ 29. To every such plea the plaintiif may reply, that the defendant did the act
complained of without authority of any statute of this state; upon the trial of any
issue so joined, the whole matter may be given in evidence by both parties.
§ 30. Whenever it shall become necessary to the attainment of justice, to allow
a plaintiff to reply several matters to the plea of a defendant, or to allow a defend-
ant to rejoin several matters to the replication of a plaintiff; the court in which the
action shall be pending, on the application of the party desiring so to reply or
rejoin, may allow the same to be done.
§ 31. If the defendant shall fail to file his plea or other pleading, within the time
prescribed by law, or the rules of practice of the court, and serve a copy thereof
upon the adverse party or his attorney, when the same is required, an interlocu-
tory judgment shall be given against him by default; but such judgment may, for
good cause shewn, be set aside, at any time before the damages shall be assessed,
upon such terms as shall be just.
5 32. If the plaintiff shall fail to file his replication, or other pleading, within the
time prescribed by law, or the rules of the practice of the court, and to serve the
adverse party or his attorney with a copy thereof, where the same is required,
judgment of 7ion pros shall be given against him; but such judgment may, for good
pause shewn, be set aside, at any time during the term at which it shall be given,
upon such terms as shall be just.
§ 33. When there are several defendants in a suit, and some of them appear
and plead, and others make default, an interlocutory judgment by default may be
PRACTICE AT LAW. 461
entered against such as make default, and the cause may proceed against the oth-
ers, but only one final judgment shall be given in the action.
§ 34. Whenever an interlocutory judgment shall be rendered for the plaintiff by
default, by confession, or upon demurrer; in any suit founded upon any instrument
of writing, and the demand is ascertained by such instrument, the court shall
assess the damages, and final judgment shall be given thereon.
} 35. But in all other cases of such interlocutory judgment, the damages shall
be assessed by a jury empannelled in the court for that purpose, and every such
enquiry of damages shall be made at the term next after the term in which such
interlocutory judgment shall be rendered, unless the court direct it to be made at
the same term.
ARTICLE IV.
Of trials and their incidents.
Skc. 1. Sevferal issues of law and fact, issues of law to be first determined.
2. Causes to be continued at ttie first term, to be disposed of at tlie second term.
3. Court may continue causes; when, and upon wliat terms.
4. • AppUz-ation for a continuance to be accompanied by affidavit.
5. Courts have yo-^rp.x to compel party to a suit, to produce books, papers, &c., relating to the merits of sucb
suit.
6. Proceeding to entitle a party to the order of court for the production of such books, papers, &c.
7. For what reasons such order may be vacated.
8. Party neglecting to obey such order, power of thp. murt in snrh rncoo.
9. Limitation or extent of the power of the court in such cases.
10. Discovery, as in a court of equity, may be had by either party.
11. Discovery, how applied for.
12. Order for discovery, when to be made; party to answer, or show cause, ifc.; trial to be stayed till order
complied with.
13. Petition for discovery and answer to be filed with the clerk; copy to be served on the other party ; court to
proceed as on bill for discovery in equity.
14. The answer to be evidence, its extent ; refusing to answer facts in petition, taken as confessed and to be evi-
dence, &c.
15. All issurs of fact joined, shall be tried either by the court, a jury, or by referees ; when, S;-c.
16. Witness, or any person who has formed or expressed an opinion, not to be sworn as a juror.
17. Imperfect counts in a declaration may be struck out on motion ; where, &c.
18. Instrument of writing, &c., upon which suit is founded, to be received in evidence, unless denied on oath_
19. Preceding section not to apply to executors, administrators, or other persons in a representative capacity.
20. Bills of exception how taken ; court refusing to sign the bill, to certify cause of refusal.
21. Court refusing to sign, bill may be signed by three by-standers and filed ; bills filed, to be part of the record.
22. If the judges refuse to permit bill signed by by-standers to be filed, proceedings in such case.
23. Court, on appeal or writ of error, to admit as part of the record the bill of exception thus taken : when
and under what circumstances.
24. Non-suit not allowed after the cause is submitted to a jury or the court.
25. When party proves, by his own oath, the loss of instrument, in order to prove "S contents, adverse party-
may, on oath, disprove such loss, &c.
26. Bill of exchange or negotiable promissory note lost, when and how p-'fty to get the benefit of the same »»
though it had been produced.
27. Party tj get the benefit of such recovery, bond and security to be given, &e.
462 PRACTICE AT LAW.
§ 1. When there are several issues of law and of fact in any suit, the issues of
law shall be first determined.
§ 2. Every suit that shall not be otherwise disposed of according to law, shall
be continued at the term at which the defendant is bound to appear, until the next
term thereaftei', and, at such second term, every such suit shall be determined.
} 3. Every court of record in which any suit is pending, may, at any teim, for
good cause, continue such suit until the next, or any subsequent term, and every
continuance granted upon the application of either party, shall be at the cost of
such party, unless otherwise ordered by the court.
} 4. Every application by a party for the continuance of a cause, shall be ac-
companied by his affidavit, or the affidavit of some other credible person, setting
forth the facts upon which the application is founded.
§ 5. Every court of record shall have power to compel any party to a suit pend-
ing therein, to produce any books, papers and documents in his possession or power,
relating to the merits of any such suit or of any defence therein.
5 6. To entitle a party to the production of any such books, papers and docu-
ments, he shall present a petition, verified by the affidavit of himself, or of some
other credible person, to the court, or to a judge thereof in vacation, upon which
an order may be granted by such court, or officer, for the production of such books,
papers and documents, or that the party show cause why the prayer of the peti-
tion should not be granted.
§ 7. Every such order may be vacated by the court or officer granting the same,
First, Upon satisfactory evidence that it ought not to have been granted.
Second, Upon the party required to produce the books, papers and documents,
denying on oath the possession or control thereof.
^ 8. If the party neglect to obey such order for the production of Jiooks, papers
and documents within such time as the court or judge shall prescribe for that pur-
pose, the court may non-suit him, or strike out any plea or notice of set-off, or
debar him from any particular defence in relation to which such books, papers and
documents, were required to be produced.
\ 9. The power of the court to compel such production of books, papers and
documents, shall be confined to the remedies herem provided, and shall not author-
ize any other proceedings against the person or property of the party refusing to
comply with the order of the court or judge.
} 10. Either party to a suit in any court of record shall be entitled to a discovery
from the other party, of all matters material to the issue in such suit, in all cases
where the same party would, by the rules of equity, be entitled to the same discov-
ery in a court of equity, in aid of such suit.
5 11. To entitle a party to such discovery, he shall present a petition, verified
by the affidavit of himself or of some other credible person, to the court, or to a
judge thereof in vacation, setting forth the matter upon which his claim to the dis-
covery is founded, the fexcts sought to be discovered, and such interrogatories in re-
lation thereto, as he shall think necessary to exhibit, in order to attain a full
discovery.
J
PRACTICE AT LAW. 463
§ 1 2. The court, or any judge thereof in vacation, may, upon such petition, grant
an order requiring the party from whom the discovery is sought, to answer the
interrogatories exhibited in the petition, or such of thorn as it shall appear to the
court or officer ought to be answered, or that he shew good cause in court why he
should not answer the same, and may further order the trial of the suit to be stayed
until the order be complied with or vacated.
§ 13. The petition and order to answer, shall be filed in the office of the clerk of
the court, and a copy thereof served on the other party or his attorney, and the
same proceedings shall be had on the petition, and the court may exercise the same
powers therein, as would be had, or might be exercised, in a court of equity on a bill
for a discovery in aid of a suit at law.
§ 14. The answer of the party to the interrogatories shall be evidence on the
trial of the suit, in the same manner and with the like effect, as an answer to a bill
in equity for a discovery; and if the party shall neglect or refuse to answer the
interrogatories, and the petition shall, according to the course of proceeding in
equity, be finally taken for confessed, the facts stated in the petition, and therein
sought to be discovered, may be given in evidence upon the trial, as facts admitted
by the party from whom the discovery is sought.
§ 15. All issues of fact joined in any suit, in any court of record, shall be tried
either by the court, by a jury, or by referees:
First, The trial shall be by the court, when neither party shall demand a trial
by jury, and the cause is not referred.
Second, It shall be by jury, when either party shall demand such trial and the
cause is not referred.
Third, It shall be by referees, when the court is authorized to refer the trial,
and shall have referred it accordingly.
§ 16. No witness, or person summoned as a witness, in any civil cause, and no
person who has formed or expressed an opinion concerning the matter in contro-
versy, in any such cause, which may influence the judgment of such person, shall
be sworn as a juror in the same, cause.
§ 17. When there are several counts in a declaration, and one or more of them
are imperfect, the plaintiff, at any time before the jury is sworn, or the trial sub-
mitted to the court, may move the court, upon reasonable notice to the adverse party,
to strike out such imperfect counts, and, upon such motion, no objection shall be
valid, that would not be valid after a finding of the issue for the plaintiff.
\ 1 8. When any declaration or other pleading shall be founded upon any in-
strument of writing charged to have been executed by the other party, and not
alleged therein to be lost or destroyed, such instrument shall be received in evi-
dence, unless the party charged to have executed the same, deny the execution
thereof, by plea, verified by affidavit.
§ 19. But the preceding section shall not be construed to authorize any instru-
ment of writing to be received in evidence in any suit against an executor or ad-
ministrator, or any other person representing the person charged to have executed
such instrument.
464 PRACTICE AT LAW.
§ 20. Whenever, in the progress of any trial, in any civil suit depending in any
court of record, either party shall except to the opinion of the court, and shall
write his exception, and pray the court to allow and sign the same, the person or
persons composing the court, or the major part of them, shall (if such bill be true,)
sign the same; and if they refuse to sign such bill on account that it is untrue, they
shall certify thereon, under their hands j the cause of such refusal.
§ 21. If the judges refuse to sign any bill of exceptions, such bill may be signed
by three by-standers, who are respectable inhabitants of the state, and the court
shall permit every such bill (if the same be true) to be filed in the court, and every
bill signed by the judges, or by the by-standers, and filed in the court ;^ shall form a
part of the record of the cause in which it is filed.
§ 22. When the judges shall refuse to permit any bill of exceptions, signed by
by-standers, to be filed, and shall have certified that it ils untrue, either party in the
suit may take affidavits, not exceeding five in number, in relation to its truth; and
such affidavits shall be taken and deposited in the clerk's office, within five days after
the trial of the cause, and, on appeal or writ of error, copies of such affidavits shall
be annexed to, and form a part of, the record of the cause.
§ 23. Every court, to which an appeal or writ of error shall be taken, shall ad-
mit, as a part of the record of the cause, every bill of exceptions taken therein,
Upon its appearing satisfactorily to such courtj that the truth of the case is fairly
stated in such bill, that the same was taken according to law, and that the court
refused to permit such bill to be filed; and the truth of every such bill shall be
tried by the affidavits required by this act to be taken and filed in the clerk's
office.
§ 24. No plaintiflf shall suflfer a non-suit, after the cause, upon a hearing of the
parties, shall have been finally submitted to a jury, or to the court setting to try the
issue, for their decision.
§ 25. Whenever a party to any suit shall have been permitted to prove, by his
own oath, the loss of any instrument, in order to admit other proof of the contents
thereof, the adverse party may also be examined by the court, on oath, to disprove
such loss, and to account for such instrument.
§ 26. In any suit founded upon any negotiable promissory note, or bill of ex-
change, or in which such note or bill, if produced, might be allowed as a set-oflfin
the defence of any suit, if it ap^:>ear 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 enti-
tled to recover the amount due thereon, as if such note or bill had been produced.
§ 27. But to entitle a party to such recovery, he, or some other responsible per-
son 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 sureties, 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.
PRACTICE AT LAW. 465
ARTICLE y.
Of t}ie abatement of suits, and their revival, of consolidating and referring actions.
6kc. 1. If there be two or more plaintlO's or defendants, and one of them die, suit not to abate, but to prO'
ceed for or against the survivor.
2. If plaintiff shall die, action not to abate ; when, and proceedings.
3. If but one defendant, and he shall die, suit not to abate; when, and proceedinfs.
4. If party dies after verdict or plea of confession, but before judgment, hov/ it shall be rendered.
5. Construction of the preceding section.
6. Executor or administrator, plaii. tiff dying, &:c., action not to abate.
7 Executor or administrator, defendant dying, &c., action not to abate.
8. If female plaintirf marry before final judgment, husband to he made co-plainti.T.
9. If female defendant marry before final judgment, husband may be made co-defendant.
- 10. Action by public office-r, death or resignation not to abate the suit, if the cause of action survive, te.
11. Orders of court under this article for substituting new person, or introducing them as co-plaintiffs or co-defen.
dants, how made.
12. Scire facias for tl:e purpose of introducing new party, how sued out, executed and returned.
13 Limitation of time to sue out scire facias in such cases.
14. Person substituted or made co-plaintiff or co-defendant, entitled to continuance, cause to proceed as betweau
original parties
15. Suits, when to be consolidated.
16. Several suits for causes of action that may be joined, costs in such cases how paid.
17. Causes at issue may be referred toreferees; when.
§ 1. If in any action there be two or more plaintiffs, and one or more of them
die before final jmlgment, the action shall not thereby be abated, if the cause of
such action survive to the surviving plaintiff or plaintiffs; and when there are two
or more defendants, and one or more of them shall die before final judgment, such
action shall not be thereby abated, but in either of the said cases such death shall
be stated upon the record, and the action shall proceed at the suit of the surviving
plaintiff, or against the surviving defendant, as the case may require.
§ 2. When there is but one plaintiff in an action, and he shall die before final
judgment, such action shall not be thereby abated, if it might be originally prosecut-
ed by the heirs, devisees, executors or administrators of such plaintiff, but such of
them as might prosecute the same cause of action originally, may continue such
suit upon the order of the court substituting them as plaintiffs therein.
§ 3. When there is but one defendant in an action, and he shall die before final
judgment, such action shall not be thereby abated, if it might be originally prose-
cuted against the heirs, devisees, executors or administrators of such defendant,
but such of them as might be originally prosecuted for the same cause of action,
shall, on the application of the plaintiff, be made defendants in such suit by an order
of the court substituting them as defendants therein.
§ 4. After a verdict shall be rendered in any action, and after a pJea of confes-
sion in any suit brought, if either party die before judgment be actually entered
thereon, the court may, within one term after such verdict or plea, enter final judgr
ment in the names of the original parties.
§ 5. Nothing in the preceding section shall be construed to authorize the entry
of a judgment against any party who shall have died before a verdict actually ren'
dered against him, notwithstanding he may have died on the first or any other
60
466 TRACTICE AT LAW.
day of the term at which such verdict shall have been rendered, but such verdict
shall be void.
§ 6. When an exccutnr or ndministrator pj.all le f laintifTin any suit, and, before
final judgment, shall d-C, or cease to be such executor or acliiiini.strator, the suit
shall not thereby be abated, but the same may be continued by the person succeed-
ino" him in the administration of the same estate, upon an order of the court sub-
stituting the person so succeeding as plaintiil' in such suit.
§ 7. When an executor or aJaiini^ti'ator slrUl b3 dj^feadant in any s.uit, and, be-
fore final judgment, shall die, or cease to be such executor or aduiinistrator, the
suit shall not be thereby abated, but the same may be continued against the person
succeeding him in the administration of the same estate, upon an order of the court
substituting the person so succeeding as. defendant thereon.
§ 8. If a female plaintiff marry before final judgment, her husband, on his own
application, may, by the order of the court, be made a co-plnintiiT with her in the
suit.
§ 9. If a female defendant marry before final judgment, her husband, either on
his own application, or the application of tlie plain tiif, may, by the order of the
court, be made a co-defendant with her in the suit.
§ 10. When an action is directed or authorized by law to be brought by, or in
the name of, a public officer, his death or removal from office shall not abate the
suit, if the cause of such suit survive to his successor, but the same may be con-
tinued by his successor, upon the order of the court substituting him as plaintiff
therein.
§ 11. All orders authorized in this article to be made for the purpose of intro-
ducing into a suit, a new person as co-plaintifi' or co-defendant with the original
party, shall be made either upon the voluntary appearance of both the original
parties in such suit, or after the service upon them of a scire facias, and all such or-
ders made for the purpose of substituting any person as plaintiff or defendant, in
the place of the original plaintiff or defendant, shall be made either upon the vol-
untary appearance of the adverse original party, or after the service upon such
party of a scire facias.
§ 12. All such writs of scire facias may be sued out in term or vacation, may be
directed to any county in the state, shall correspond, as near as practicable, with
writs of summons, and be executed and returned in the same manner.
§ 13. No scire facias, for the purpose of substituting a person as plaintiff or de-
fendant in any suit, in the place of the original plaintiff or defendant, shall be sued
out after the expiration of the third day of the second term next after the term
in which the death or disability of the original party shall be stated upon the
record.
§ 14. When any person is made a co-plaintiff or co-defendant, or is substi-
tuted as plaintiff or deiendaTit in the place of the original party, in any of
the cases provided for in this article, such new paity shall be entitled to a
continuance of the cause until the next term; and in all such cases, where
a person is made a co-plaintiff or co-defendant, or is substituted as plaintiff or
PRACTICE AT LAW. 467
defendant in the place of the original party, the cause shall proceed in all respects
as if such person had heen an original party in the suit.
§ 15. Whenever several suits shall be pending in the same court, by the same
plaiatiif against the same defendant, for causes of action which may be jomed,or
whenever^'several suits arc pending in the same court, by the same plaintiif against
several defendants, that may [be] joined, the court in which the same shall be pros-
ecuted, may, in its discretion, if it appear expedient, order such suits to be so con-
solidated into one action.
} 16. When any plaintiiT shall bring in the same court several suits against the
same defendant, for causes of acti'.n that may be joined, and when any plaintiff
.shall bring in the same court several suits against several defendants that may be
joined, the plaintiff shall recover only the costs of one action, and tlie costs of the
other actii)ns shall be adjudged against him, unless sufiicient reason appear to the
court for bringing several actions.
} 17. Whenever an action shall be at issue in any court of record, such court
may, with the cohscnt of the parties thereto, in its discretion, order such cause to
be referred to one or three impartial and competent men; and when it shall appear
to the court, that the trial of such action will require the examination of a long
account on either side, such court may, without such consent, make the same order
of reference.
ARTICLE VI.
Of amending pleadings and proceedings,
£.c 1 Process, pleading, or proceedins, either in form or substance, may be amended by the court.
2 Pleadin-^s amended in matter of substance, adverse party allOAved time to answer the same.
3 Process°on which defendant hns been arrested, not to be amended on the return day thereof.
I After judgment, what proceedings may be amendod in affirmance of the judgment ; not to be reversed or an.
5 Return" oTofficers, or by any court, mav be amended as to matter.f form. as well before as after judgment.
6. Omissiors or defects in the award of any venire, n.ay be amended or supplied.
7. Judgment on verdict not to be stayed, nor upon confession, default, nikil diciU or ... sum u,formatus, to be
reversed for certain reason?.
8 The omissions, defects. &c., in t!,e preceding section, may be supplied or amended; when.
-9 Process pleading, &c., not to be amended, e.Kcept upon the order of the court.
10.' To what actions, wnU, &c., this article shall extend; shall not e.xtend to indictments or informations.
§ 1. The court in which any action shall be pending shall have power to
amend anv process, pleading or proceeding in such action, either in form or sub-
stance, for the furtherance o> justice, on such terms as shall be just, at any time
before final judgment rendered therein.
} 2. If such amendment be made to any pleading in matter of substance, the
adverse party shall be allowed an opportunity, according to the course and practice
of the court, to answer the pleading so amended.
5 3. Proce.^s by which any action shuil have been commenced, and on which
any defendant shall have been arrested, shall not be amended on the return day
thereof.
468 PRACTICE AT LAW.
§ 4. After judgment rendered in any cause, any defects, Imperfections iH mattef
of form, contained in the record, pleadings, process, entries, returns, or other pro-
ceedings in such cause, may be amended and rectified by the court in affirmance
of the judgment, [and] shall not be reversed or annulled; and any variance in the
record from any process, pleading or proceeding, had in such cause, shall be re-
formed and amended according to such original process, pleading or proceeding.
§ 5. All returns made by any sheriff or other officer, or by any court or subor-
dinate tribunal to any court, may be amended in matter of form by the court to
■which such returns shall be made, in their discretion, as well before as after judg-
ment.
} 6. Any imperfection or defect in the award of any venire, or any omission to
award such venire on the record, may be amended or supplied by the court in which
such record is.
§ 7. When a verdict shall have been rendered in any cause, the judgment thereon
shall not be stayed, nor shall the judgment upon such verdict, or any judgment upon
confession, defoult, miiil dicit^ or non sum informatus, be reversed, impaired, or in
any way aiTected by reason of the following imperfections, omissions, defects, mat.
ters or things, or any of them, in the pleadings, process, proceedings, or record,
namely :
Firsts For want of any Vv^rit, original or judicial.
Second^ For any default or defect of process, or for misconceiving any process
or awarding the same to a wrong officer, or for the want of any sug-
gestion for awarding process, or for any insufficient suggestion.
Thirds Fornny imperfect or insufficient return of any sheriff or other officer,^
or that the name of such officer is not set to any return actually made
by him.
Fourth, For any variance between the original writ, plaint and declaration, or
either of them.
Fifth, For any mispleading, miscontinuance, or discontinuance, insufficient
pleading, jeofail or misjoining of issue.
Sixth, For the want of any warrant of attorney by either party, except in
cases of judgment by confession, where such warrant is expressly
required by law.
Seventh, For any party under twenty-one years of age, having appeared by
attorney, if the verdict or judgment be for him.
Eighth, For the want of any allegation or averment, on account of which
omission a special demurrer could have been maintained.
Ninth, For omitting any allegation or averment without providing which,
the tz'iers of the issue ought not to have given such verdict.
Tenth, For any mistake in the name of any party or person, or in any sum of
money, or in the description of any pi'operty, or in reciting or stating
any day, month or year, when the correct name, time, sum or de-
scription shall have been once rightly alleged, in any of the pleadings
or proceedings.
PRACTICE AT LAW. 469
^eleventh. For a mistake in the name of any juror or officer.
Twelfth^ For the want of a right venue, if the cause was tried by a jury of
the proper county.
Thirteenth, For any informality in entering a judgment, or making up the
record thereof, or in any continuance or other entry upon such
record.
Fourteenth, For any other default, or negligence of any clerk or officer of the
court, or of the parties or their counsellors or attorneys, by which
neither party shall have been prejudiced.
§ 8. The omissions or imperfections, defects and variances, in the preceding
section enumerated, and all others of the like nature, not being against the right
and justice of the matter of the suit, and not altering the issue between the par-
ties or the trial, shall be supplied and amended by the court where the judgment
shall be given, or by the court into which such judgment shall be removed by
writ of error or appeal.
§ 9. No process, pleading or record, shall be amended or impaired by the clerk
or other officer of the court, or by any other person, w^ithout the order of such
court, or of some court of competent authority.
§ 10. The provisions of this article shall extend to all actions in courts of law
and to all suits for the recovery of any debt due to this state, or for any debt, duty
or revenue belonging to this state, and also to all actions fo2' penalties, to all writs
o^ mandamus and prohibition, to all informations in the nature of a quo warranto, to
writs of scire facias, and to the proceedings thereon, but shall not extend to in-
dictments or informations for any criminal matter, or to the proceedings thereon.
ARTICLE Vn.
Of new trials, arrest of judgment, final judgments, and miscellaneous provisions.
Sec. 1. Motions for new trial, or arrest of judgment, wlien to he made; reasons for, to accompany motion.
2. Only one new trial to be allowed eitber party, except in certain cases.
3. If judgment be arrested, court may amend the proceedings if it could have been done before trial; cause to pro
ceed, &c.
4. If there are several counts, and entire damages be given, verdict good, though some counts are defective.
5. Judgment not to be set aside for irregularity on motion, unless.it be made within five years after judgment.
6. Writs of scire facias to revive judgment or recovery, at and after this act takes effect, wheT to be brought.
7. Persons aggrieved by any final judgment in civil suit, may appeal to the supreme court.
8. On what conditions appeal to be allowed.
9. Court to make order allowing appeal, and wlien allowed shall stay execution in certain cases.
10. Before the commencement of each term of the court, docket to be made out by tlie clerk; its contents.
11. List of causes docketed, to be posted up by the clerk in his office; when and how.
12. Clerk to issue subposnas for witnesses, when ; penalty for failing to make out docket, set up list of causes, or
to issue subpoenas.
} 1. All motions for new trials, and in arrest of judgment, shall be made within
four days after the trial, if the term shall so long continue, and if not, then be-
470 PRACTICE AT LAW.
fore the end of the term; and every such motion shall be accompanied by a written
specification of the reasons upon which it is founded.
} 2. Oi)]y one new trial shall be allowed to either party, except,
First, When the triers of the fact shall have erred in a matter of law; or.
Second^ When the jury shall be j^-mity of mLsbehavior.
The costs of all new trials shall either aliile the event of tlie suit, or be paid by
the party to v/hum such trial is granted, according to the ordi^r of court to be made
at the time of granting such ncvv' t -ial. *
§ 3. When a judgment shall be arrested, the court shall allow the proceeding in
which the error was to be amended in ail cases where the same amendment might
have been made before trial, and the cause shall again be proceeded in according
to the practice of the court-, but the party in whoSe proceeding the first error
was, shall puy all the costs incurred thereby.
§ 4. When there are several counts in a declaration, and entire damages are given
the verdict shall be good, notwithstanding one or more of such counts may be
defective.
§ 5. Judgmentin any court of record shall not be setaside for irregularity on mo-
tion, unless such motion be made within five years after the time such judgment
was rendered.
§ 6. Writs of scire facias, to revive any judgment or recovery which may have
been rendered at the time this act takes effect, must be brought within ten years
thereafter, and such writs, when brought to revive any such judgment or recovery
rendered after the time this statute takes effect, shall be brought within ten years
thereafter.
§7. Every person aggrieved by any final judgment, or decision of any circuit
court, in any civil case, may make his appeal to the supreme court.
§ 8. But no such appeal shall be allowed, unless.
First, It be made during the term at which the judgment or decision appealed
from was given; and.
Second, The appellant, or his agent, shall, during the same term, file in the court
his affidavit, stating that such appeal is not made of vexation or delay,
but because the affiant believes that the appellant is aggrieved by the
judgment or decision of the court.
§9. Upon the appeal being made according to the foregoing provisions, the cir-
cuit court shall make an order allowing the appeal, and such allowances thereof
shall stay the execution in the following cases, and no other:
First, When the appellant shall be an executor or administrator, and the
action by or against him as such.
Second, When the appellant, or some responsible person for him, togetherwithj
two sufficient sureties, to be approved by the court, shall, during the
term at which the judgment appealed from was rendered, enter intpl
a recognizance -to the adverse party in a penalty suflicient to secure
whatever of debt, damages and costs, have been recovered by suchj
judgment, together with the interest that may grow due thereon.
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 47 1
and the costs and damages that may be recovered in the supreme
court upon the appeal, conditioned that the appellant will prosecute
his appeal, with due diligence, to a decision in the supreme court, and
that, if the judgment appealed from is affirmed, or his appeal dis-
missed, he will pay whatever of debt, damages and costs have been
recovered against him by the judgment of the circuit' court, together
with the interest that shall grow due thereon, or that he will other-
wise perform the judgment of the circuit court, and that he will also
pay the costs and damages that may be adjudged against him in the
suj^reme ciiurtupon his appeal.
§ 10. Every clerk of a court of record shall, before the commencement of each
term of such court, make out a docket of all causes in which an issue of fact is to
be tried, and enquiry of damages to be made, a special verdict, agreed case, demur-
rer or other matter of law to be argued at such term, and shall arrange such causes
upon tlie docket in the same order in which they stand in the course of proceeding^
setting a proper proportion for each day.
§ 11. Every such clerk shall put up in some convenient place in his office, at
least sixty days before the commencement of each term, a list of all the causes
specified in the preceding section, distinguishing therein the day on which each
cause is to be tried, and shall keep such list so affixed, until the end of such term,
for the inspection of parties and their attorneys.
§ 12. Every such clerk, upon the demand of any party or his attorney, and
upon the payment of the legal fee therefor, shall issue subpccnas for witnesses,
returnable upon the day the cause, in which the subpoenas are demanded, is set
for trial, and every clerk who shall neglect or refuse to make out such docket, or
to set and keep up such list of causes, or to issue such subpoenas, according to the
provisions of this act, shall be fined by the court any sum not exceeding one hun-
dred dollars for ev,ery such olTence.
Approved, March lllh, 1835.
PRACTICEAND PROCEEDINGS IN CRIMINAL
CASES.
An act to regulate pi-ocfedings in criminal cases.
ART. 1. of proceedings to prevent the commission of offences.
ART. II. Of arrest, examination, commitment and trial.
ART. llf. Of grand juries and their proceedings.
ART. IV. Of indictment and process tlicreon.
ART. V. Of the arrsingnment and other proceedings before Irial.
ART. V I. Of trials for olTeiices, and proceedings incident tl'.ereto.
ART. VII. Of the vcdict and judgment, and procreiiings tliereon.
ART. VIII. Of appeals and wits of error in cri:iiinal cases.
ART. IX. Miscellaneous provisions respecting criminal cases.
ART. X, Of the custody and management of the eetate* of convlcta.
472 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
ARTICLE I.
Of jn-ocecdings to preve?it the commission of offences.
Ssc. 1. Officers enumerated wl'.o arc autlionzeil lo keep the peace.
2, 3, 4, & 5- Proceedings to compel sureties to keep ti.e peace.
6. IIow person committed may be discharged.
7. Recognizance'', how to be disposed of.
8. Cases in which oflicers and courts may require security for the peace.
9. 10, & 11. Proceedings at court on t!.e recognizance.
12. When recognizance to be deemed broksii.
13, & 14. Proceedings in action on recognizance.
15. Security to keep the peace not to he required, unless authorized by statute.
Be it enacled by the general assemhhj of the state of Missouri, asfolloxcs:
§ 1. The following magistrates shall have power to cause to be kept all la-wsmade
for the preservation of the public peace, and, in the execution of that power, to
require persons to give security to keep the peace, in the manner provided in this ,
article, namely : The judges of the supreme court throughout the state; judges of ^
the circuit courts wathin their respective circuits; justices of the county courts,
and justices of the peace, in their respective counties; the mayors and chief offi-
cers of incorporatefl cities and towns, wiihin the limits of such corporation.
} 2. Whenever complaint shall be mtide in writing, and upon oath, to any such
magistrate, that any person has threatened, or is about to commit any offence
against the person or property of another, it shall be the duty of such magistrate
to examine such complaint, and any witness wlio may be produced, on oath, to,
reduce such examination to v/riting, and cause the same to be subscribed by the
parties so examined.
§ 3. If it appear upon such examination, that there is reason to fear the commis-
sion of any such offence by the person complained of, it shall be the duty of the
magistrate to issue a warrrant under his hand, with or without seal, reciting the
complaint, and commanding the officer to whom it is directed, forthwith to appre-
hend the person so complained of, and bring him before such m.agistrate.
5 4. Upon such person being brought before such magistrate, he may be required
to enter into a recognizance, in such sum, not exceeding one thousand dollars, as
such magistrate shall direct, with one or more sufficient securities, to appear before
the circuit court, on the first day of the term next to be holden, and not depart the
same without leave, and, in the meanwhile, to keep the peace toward the people
of this state, and particularly toward the complainant.
§ 5. If such recognizance be given, the party complained of shall be discharged;
but if he fail or refuse to find surety, it shall be the duty of the magistrate to com-
mit him to prison, until he find the same, specifying in the warrant the cause of
commitment, and the sum in which security was required.
5 6. Any person committed for not finding surety of the peace, as above provi-
ded, may be dischai-ged by any magistrate authorized to bind to the peace within
the county, upon giving such security as was originally required of such person.
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES 473
§ 7. Every recognizance to keep the peace, taken by any magistrate pursuant to
the foregoing provisions, or pursuant to any other statute, shall be transmitted by
such magistrate to the clerk of the circuit court of the county, on or before the
first day of the term of such court, next to be holden after the taking the same.
§ 8. Every person who, in the presence of any magistrate above specified, or of
any court of record, shall make any affray, or threaten to kill, or beat another, or
to commit any ofl'ence against his person or property-, and all persons who, in the
presence of such court or magistrate, shall contend with hot and angry words, may
be ordered by such magistrate, or court, without any other proof, to give such secu-
rity as above specified; and in case of failure or refusal so to do, he may be com-
mitted in like manner as above provided.
§ 9. Every person who shall have entered into a recognizance to keep the peace,-
shall appear before the circuit court of the county at the next term, and if he fail
to appear, the court shall forfeit his recognizance, and order it to be prosecuted
unless reasonable excuse for the default be shewn.
J 10. When any person shall have been bound to the peace on the complaint of
afiother, and the complainant does not appear, the party recognized shall be dis-
charged, unless good cause to the contrary be shewn.
{ 11. Upon the appearance of the respective parties, and in cases where there
is no complaint, the court shall examine the evidence, and may either discharge
the recognizance taken, or require a new recognizance, as the circumstances of
the case may require, for such time as shall appear necessary, not exceeding one
year.
§ 12. No recognizance to keep the peace shall be deemed to be broken, except
in the case provided for in the ninth section of this article, unless the principal in
such recognizance be convicted of some ofience, amounting in judgment of law
to a breach of such recognizance.
§ 1 3. Whenever evidence of such conviction shall be produced to the court in
which the recognizance is filed or taken, it shall be the duty of the court to order
such recognizance to be prosecuted, and the attorney general, or circuit attorney
prosecuting for the circuit, shall proceed thereon accordingly.
5 14. In the action on such recognizance, the oiTance stated in the record of
conviction may be assigned as a breach, and such record shall be conclusive evi-
dence of the matters therein stated.
§ 15. No security to keep the peace, or to be of good behavior, shall be required,
nor shall any person be committed to prison for not giving the same, in any case^
except such as are prescribed or authorized by statute.
61
474 PRACTIOB AND PROCEEDINGS IN CRIMINAL CASES.
ARTICLE II.
Of arrest, examination, com/nilment and IriaL
8bo. 1- Officers enumerated who ate cmpo'^'crcd to act under this article.
2, 4" 3. When ar»d how warrants for oiTences to be issued.
4 Warrants issued by certain officers, may be executed In any part of tbis state, by certain aiUer oflkcis iu tbe
county, &c.
5. What warrants to be endorsed ; by whom, when, i^c.
6. Offender escaping from one county into anotlier, by what magistrate, and when warrant may issue.
7. When prisoner may require to be brouglit before magistrate of the county in which he Is arrested.
8> & 9- Proceedings of magistrate on prisoner being brought before him.
10, & tl. When prisoner to be carried to county where offence was committed.
12. Before what magistrate prisoner to be brought, &.c.; warrant, with return of oJicor, to be delivered to such ma-
gistrate.
19, 14, 15. 16, <^ 17. Manner of conducting examination of witneseea for prosecution; prisoner how examined; al-
lowed counsel, &c.
18. Examination of prisoner's witnesses.
19. Regulations respecting the e.\amination of witnesses; when witness is under examination, others may be ex
eluded.
80. Evidence taken at the examination to be reduced to writing and signed by the witness.
81. When magistrate to discharge the prisoner.
22. When prosecutor and witnesses to be bound over to testify.
23.^ When witnesses may be required to enter into recognizance, with security, for their appearance.
24. When infants, ^c, incapable of contracting arc material witnesses, to procure security to enter into recoguizaucc
for their appearance.
35. Witness required to give recognizance or security, refuses the order, may be committed.
26. Prisoner to be bailed; when.
27. Prisoner, when and to what Jail to be committed.
28. When committed for a bailable offence, magistrate to endorse amount of bail required.
29. Examination, recognizance, &c., to be certified and delivered to the clerk; if prisoner be comniiltcd to jail, ex-
amination, ^■c., to be delivered to the jailor.
80. If magistrate refuse or neglect to return examination, &.c., us required by last section, how compelled.
81> Another magistrate, of the same county, may be associated on the examination, ^c.
82< When a felony is committed, and the offender attempts to escape, notice to be given; pursuit to be made, by
whom, &C.
S3> When such offender making his escape Is arrested, before what magistrate to be taken, and how proceeded
against.
34. Penalty on sheriff, coroner or constable, and persons summoned to their aid, for failing to comply with prcced.
ing provisions.
85. What court or magistrate may take recognizance from persons committed to jail for bailable offence.
36. Prisoner let to bail by officer out of court, recognizance, where to bo filed.
37. Prisoner let to bail by court, other than that in which offence is to be tried, recognizance to be transmitted, f\c.
S8« If a person charged with offence, not amounting to felony, on examination be discharged, prosecutor to pay the
costs.
39. If such person be held to answer the charge, duty of the magistrate, in returning recognizance, to describe pro-
secutor, &.O.
§ 1. The magistrates enumerated in the first section of the first article of tliis
act, within their jurisdictions therein specified, shall have ppwer to issue process
for the apprehension of any person charged with a criminal otfence, and to exe-
cute the powers and duties conferred in this article.
§ 2. Whenever complaint shall be made to any such magistrate, that a criminal
offence has been committed, it shall be his duty to examine the complainant, and
any witnesses who may be produced by him, on oath.
. PRACTIOF: and proceedings in criminal cases. 475
§ 3. If it appear on snch examination, that any criminal ofTence has been com.
mitted, the magistrate shall issue a proper warrant, reciting the accusation, and
commanding the officer to whom it shall be directed, forthwith to take the accused,
and bnng him before such magistrate, to be dealt with according to law.
§ 4. Warrants issued by any judge of the supreme or circuit court may bo exe-
cuted in any part of this state, and warrants issued by any other magistrate may
be executed in any part of the county within which he is such officer, and not
elsewhere, unless endorsed in the manner directed in the next section.
§ 5. If the person against whom any warrant, granted by a justice of the county
court, justice of the peace, mayor, or chief officer of a city or town, shall be issued,
escape, or be in any other county, it shall be the duty of any magistrate, authorized
to issue a warrant in the county in which such offi^nder may be, or is suspected to
be, on proof of the hand writing of the magistrate issuing the warrant, to endorse
his name thereon, and thereupon the offender may be arrested in such county by the
officer bringing such warrant, or any officer within the county within which the
warrant is so endorsed.
§ 6. When any person who shall have committed a criminal offence In one
county shall escape into another, any magistrate within the county in which such
offender may be found, may issue his warrant for the apprehension of such offender
and secure him for trial in the manner hereinafter directed.
{ 7. When any person charged with a criminal offence, shall be arrested out of
the county in which the offence is alleged to have been committed, and such offence
]je not punishable with death, or by imprisonment in the penitentiary, he shall, if
he request it, be taken before some magistrate of the county in which he is so
arrested.
} 8. If the offence charged in the warrant be not punishable with death, or impris-
onment in the penitentiary, the magistrate before whom such prisoner shall be
brought, under the provisions of the last section, may admit him to bail for his
appearance before the next court having cognizance of the offence, to be held in
the county where the offence is alleged to have been committed.
§9. When a prisoner is let to bail under the provisions of the last section, the
magistrate shall certify that fact on the warrant, and deliver the same, together
with the recognizance taken by him, to the officer or other person having charge
of the prisoner, who shall deliver the same, wjihout unnecessary delay, to the
clerk of the court having cognizance of the offence.
§ 10. If such magistrate refuse to let such prisoner to bail, or if such bail as is
required be not given, the officer, or person having tlie prisoner in charge, shall
take him before a magistrate of the county in which the offence is charged
to have been committed, as hereinafter provided.
§ 11. If the offence charged in the warrant be punishable with death, or impris.
onmentin the penitentiary, the officer, or the person making the arrest, shall con-
vey the prisoner to the county in wliich the offence is charged to have been com-
mitted, before some magistrate therein, as ia the next section is prescribed.
476 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
§ 12. Persons arrested under any warrant for any offence, shall, when no pro-
vision is otherwise made, be brought before the magistrate who issued the warrant,
or, if he be absent, or his office be vacant, or if he be not authorized to act within
the county in which the offence was committed, then before the nearest magis-
trate in such county, and the warrant, by virtue of which the arrest was made*
with a proper return endorsed thereon, and signed by the officer or person making
the arrest, shall be delivered to such magistrate.
} 13. The magistrate, before v/hom any such person shall be brought, shall pro-
ceed, as soon as may be, to examine the complainant, and the witnesses produced in
support of the prosecution, on oath, in the presence of the prisoner, in regard to
the offence charged, and other matters connected with such charge, which such
magi strate may deem pertinent.
§ 14. If desired by the prisoner, his counsel may be present during the examina-^
tion, and may cross-examine the complainant, and the witnessess on the part of the
prosecution.
§ 15. After the examination of thecomplamant, and the witnesses on the part
of the prosecution, the magistrate shall proceed to take the examination of the
prisoner, without oath, in relation to the offence charged; but before it is com-
menced, he shall distinctly inform the prisoner of the charge made against him,
and that he is at liberty to refuse to answer any question put to him, and shall
allow to the prisoner reasonable time to advise with his counsel, and, for that pur-
pose, to send for counsel if he require it.
§ 16. None of the witnesses, for or against the prisoner, shall be present at the
examination of the prisoner.
§ 17 The answers of the prisoner on his examination shall be reduced to wri-
ting by the magistrate; or under his direction, they shall be read to the prisoner,
who may correct or add to them, and when made conforrnable to what he declared
is the truth, shall be certified and signed by the magistrate.
§ 18. After the examination of the prisoner, his witnesses, if he have- any, shall
be sworn and examined, and he shall be allowed the assistance of counsel in such
examination.
§ 19. While any witness, for or against the prisoner, is under examination, the
magistrate may exclude from the place in whif'hsuch examination is had, all wit-
nesses who have not been examined, and he may oause the witnesses to be kept
separate, and prevented from conversing with each other, until they all shall have
been examined.
§ 20. The evidence given by the seyeral witnesses examined, shall be reduced
to writing by the magistrate, or under his direction, and shajl be signed by the
witnesses respectively.
§ 21. If upon the examination of the whole matter, it appear to the magistrate,
either that no offence has been committed by any person, or that there is no probar
ble cause for charging the prisoner therewith, he shall discharge such prisoner.
§ 22. If it appear that an offence has been committed, and that there is probable
pause to believe the prisoner guilty thereof, the magistrate shall bind, by recognir
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 477
zance, the prosecutor, and all material witnesses against such prisoner, to appear
and testily before the court having cognizance of the offence, on the first day of
the next term thereof, and not to depart such court without leave.
§ 23. Whenever such magistrate shall be satisfied, by due proof, that there is
good reason to believe that any such witness will not fulfil the condition of such
recognizance, unless security is required, he may order such witness to ^nter into
a recognizance, with such security as he shall deem meet, for such appearance and
attendance at such court.
§ 24. Infants and married w^omen, and others by law incapable of contracting,
being material witnesses, may be required to procure a surety, who will enter into
a recognizance for their appearance and attendance, as above specified.
§ 25. If any witness so required to enter into a recognizance or give security,
refuse to comply with such order, the magistrate may commit him or her to prison,
until he or she comply with such order, or be otherwise discharged, according to
la w.
§ 26. If the offence with which the prisoner is charged be bailable, and the pris-
oner offer sufficient bail, a recognizance shall be taken for his appearance, to answer
the charge before the court in which the same is cognizable, on the first day of the
next term thereof, and not to depart such court without leave, and thereupon he
shall be discharged.
§ 27. If the offence be not bailable, or sufficient bail be not offered, the prisoner
shall be committed to the jail of the county in which the same is to be tried, there
to remain until he be discharged by due course of law.
§ 28. "Whenever any person shall be committed to jail for a bailable offence, it
shall be the duty of the magistrate to endorse on the warrant of the commitment
the sum in which bail was required.
§ 29. All examinations and recognizances, taken in pursuance of the provisions of
this article, shall be certified by the magistrate taking the same, and delivered tf,
the clerk of the court in which the offence is cognizable, on or before the first day
©f the next terra thereof, except, that where the prisoner is committed to jail, the
examination of himself, and of the witnesses for or against him, duly certified, shall
accompany the warrant of commitment, and be delivered therew-ith to the jailor.
§ 30. If any magistrate refuse or neglect to certify and return, as required by
the last section, any examination or recognizance by him taken, he may be required
bj rule of court forthwith to retui'n the same, and in case of disobedience may be
proceeded against by attachment.
§ 31. It shall be lawful for any m.agistrate to whom any complaint shall be made,
or before whom any prisoner shall be brought, as hereinbefore provided, to associ.
ate with himself any other magistrate of the same county, and the powers and
duties herein mentioned may be executed by such two magistrates so associated.
§ 32. Whenever any felony shall be committed, and the offender attempt to
escape, public notice thereof shall be immediately given, at all places near where
the same was committed, and pursuit shall be forthwith made after the offenders by
478 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
sheriffs, coroners and constables, and all others who shall be thereto required by
any such officer,and the offender maybe arrested by any such officer or his assist-
ants, without warrant.
§ 33. Wlien any person shall be so pursued and arrested, he shall be immediately
taken before some magistrate authorized to act under tbe provisions of this article,
who shall proceed thereon in the same manner as if the prisoner had been arrested
on a warrant.
§ 34. Every sheriff, coroner or constable, who shall fail or refuse to pursue and
arrest any offender, as required by the preceding provisions, shall be deemed guilty
of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars,
or by imprisonment not exceeding one year, or by both such fine and imprison-
ment; and every person summoned to aid in such duty, who shall neglect or refuse
so to do, shall be fined not exceeding fifty dollars.
§ 35. Whenever any person shall be committed to jail on a warrant of commit-
ment, by any magistrate, for a bailable offence, the recognizance, with proper se-
curity, may be taken by any court or magistrate authorized by law to issue a writ
of habeas coj-pus^
§ 36. Whenever any prisoner shall be let to bail by any officer out of court, such
officer shall immediately cause the recognizance taken by him to be filed with the
clerk of tlie court in which the prisoner is recognized to appear.
§ 37. When any prisoner shall be let to bail by any court, other than that in
which the offence is to be tried, it shall be the duty of the clerk of the court by which
the prisoner was bailed, immediately to transmit the recognizance taken by such
court to the clerk of the court in which the party bailed is required to appear.
§ 38. V/henever any person shall be brought before any magistrate, charged with
a trespass against tha person orpropertyof another, not amounting to felony, on the
information of the party injured, and the accused shall be discharged, the prosecutor
shall be adjudged to pay the costs, and execution issue therefor.
§ 39. If in such case the accused shall be held to answer for the offence, it shall
be the duty of the magistrate to make onta cei tificateof the name, occupation, and
place of abode of the prosecutor, and return the same, with the recognizance of
such prisoner, to the proper county.
ARTICLE III.
Of grand juries and their proceedings,
Peo. 1. Grand juries, how many to be sworn; foreman to bo appointed.
2. When, by whom and for what reason person summoned may be objected to as competent to serve as grand jury.
3. No challenge to be allowed in any other cases than those specified in the last section.
4. Foreman of the grand jury autliorized to aduiinisier oaths to witnesses, brought before them to give evidence.
5. Jury may appoint one of their body clerk; his duties.
6. When prosecuting attorney to attend jury.
7. When to be allowed to attend; deliberations of jury to be private
rUACTICE AND PROCEEDINGS IN CRIMINAL CASES. 479
Sec. 0. Clerk of the ccurt to issue subpcunas for vvitncascs to go before the jury; when.
9. Penalty and proceedings against witness if he fail or refuse to obey summons to appear before jury.
10, & 11. Proceedings against witness who appears before jury but refuses to testify.
12. Witness committed for contempt for refusal to testify, not to be discharged till he enter into recognizance.
13. Offence committed after jury discharged, when court may direct another jury to be summoned.
14. Sheriff to summon such grand jury; when and liow; proceedings in such case.
15. What jurors may be required to disclose as to the testimony of a witness before them.
Iff, 4- 17. What they shall not be allowed to testify or disclose.
18. Court in charging jury to apprise them of the provisions of tlic three last sections in relation to disclosures.
19. Twelve of the grand jury to concur in finding an indictment; foreman to certify the same as a true bill.
20. When twelve do not concur, foreman to certify that such is not a true bill.
21. Indictments and presentments to be presented by the foreman to tl»e court, &c., to be hied as record.
22. Wlicn indictment not to be preferred without a prosecutor; when it may, and procecdinns.
23. Name of prosecutor, when to be endorsed by himself; when to be made by the prosecuting attorney.
24. Such indictment returned by the jury, "not a true bill" prosecutor to pay the costs.
25. Fine or penalty imposed as a punL^hment for an offence, and not otherwise provided for, may be recovered hy
indictment.
5 1. There shall not be less than sixteen, nor more than twenty-three persons
sworn on any grand jury, and, from the persons summoned to serve as grand ju-
rors, and appearing, the court shall appoint a foreman, and may also appoint a fore-
man m every case where any person appointed shall be discharged or excused, be-
fore the grand jury shall be dismissed.
§ 2. Any person held to answer to a criminal charge, may object to the compe-
tency of any one summoned to serve as a grand juror, before he is sworn, on the
ground that he is the prosecutor or complainant upon any charge against such per.
son, or that he is a witness on the part of the prosecution, and has been summoned
or bound ma recognizance as such; and if such objection be established, the person
so challenged shall be set aside.
{ 3. No challenge to the array of grand jurors, or to any person summoned to
serve as a grand juror, shall be allowed in any other cases than such as are specified
in the last section.
5 4. The foreman of every grand jury, from the time of his appointment 10 his
discharge, shall be authorized to administer any oath, declaration or affirmation, in
the manner prescribed by law, to any witness who shall appear before such grand
jury, for the purpose of giving evidence in any matter cognizable by them.
} 5. Every grand jury may appoint one of their number to be a clerk thereof, to
preserve mmutes of their proceedings, and of the evidence given before them,
wnich mmutes shall be delivered to the attorney prosecuting in the county, when
so directed by the grand jury,
§ 6. Whenever required by any grand jury, it shall be the duty of the attorney
prosecuting in the county, to attend them for the purpose of examining witnesses
in their presence, or of giving them advice upon any legal matter.
§ 7. Such attorney shall be allowed at all times to appear before the grand jury
on his request, for the purpose of giving information relative to any matter cogni-
zable by them, and may be permitted to interrogate witnesses before them, when
they shall deem it necessary; but no such attorney, or any other officer or person,
480 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
except the grand jurors, shall be permitted to be present during the expression of
their opinions, or the giving their votes on any matter before them.
§ 8. Whenever thereto required by any grand jury, or the foreman thereof, or
by the prosecuting attorney, the clerk of the-court in which such jury is empan-
nelled, shall issue subpoenas and other process to bring witnesses to testify before
such grand jury.
§ 9. If any witness, duly summoned to appear and testify before a grand jury,
shall fail or refuse to obey, the court shall cause compulsory process to be issued to
enforce his attendance, and may punish the delinquent in the same manner and
upon the like proceedings as provided by law for disobedience of a subpoena issued
out of such court in other cases.
§ 10. If any witness appearing before a grand jury shall refuse to testify^ or to
answer any interrogatories in the course of his examinntion, the fact shall be com-
municated to the court in writing, on which the questions refused to be answered
shall be stated,and the court shall thereupon determine whether the witness is bound
to answer or not, and the grand jury shall be immediately informed of the de-*
cision.
§ 11. If the court determine that the witness is bound to answer, and he persist
in his refusal, he shall be brought before the court, who shall proceed therein in the
same manner as if the witness had been interrogated and refused to answer in open
court.
§ 12. If any such witness shall be committed for a contempt, on account of his
refusal to testify, and shall persist in such refusal until the grand jury is dismissed,
or until the expiration of his imprisonment, he shall not be discharged until he
enter into a recognizance, with sufficient security, for his appearance at the next
term of the court, and not to depart such court without leave.
§ 13. If any oifence be committed or discovered during the sitting of any cir-^
cuit court, after the grand jury attending such court shall be discharged, sutfh court
may, in its discretion, by an order lo be entered on its minutes, direct the sheriff
to summon another grand jury.
} 14. The sheriff" shall accoidingly forth\vith summon such grand jury from the'
inhabitants of the county, qualified to serve as grand jurors, who shall be returned
and sworn, and shall proceed in the same manner, in all respects, as provided by law
in respect to other grand juries.
§ 15. Members of the grand jury may be required by any court to testify whether--
the testimony of a witness exan^ned before such jury is consistent with, or differ-
ent from, the evidence given by such witness before such court, and they may
also be required to disclose the testimony given before them by any person upon
a complaint against such person for perjury, or upon his trial for such offence.
§ 16. No member of a grand jury shall be obliged, cr allowed to testify or declare,
in what manner he or any other member of the jury voted on any question before
them, or what opinions were expressed by any juror in relation to any such ques-
tion.
} 17. No grand juror shall disclose any evidence given before the^raiid jury»
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 48 1
except when lawfully required to testify o.s a witness in relation thereto, nor shall
he disclose the fact of any indictment hcving been found against any person for a
felony, not in actual confinement, until the defendant shall have been arrested there-
on. Any juror violating the provisions ot this section, shall be deemed guilty of a
misdemeanor.
§ 18. In charging grand juries, the court shall apprise them of the provisions of
the three last sections in relation to disclosures, and in what cases, and under what
■circumstances, any disclosures may or may not be made.
§ 19. No indictment can be found without the concurrence of at least twelve
grand jurors; when so found, and not otherwise, the foreman of the grand jury
shall certify, under his hand, that such indictment is a true bill.
§ 20. When there is not a concurrence of tv/elve grand jurors in finding aa
indictment, the foreman shall certify, under his hand, that such indictment is not a
true bill.
§ 21. Indictments found, and presentments made, by a grand juiy, shall be pre-
sented by their foreman, in their presence, to the court, and shall be there filed,
and remain as records of such court.
§'22. No indictment for any trespass against the person or property of anothef^
not amounting to felony, shall be preferred, unless the name of a prosecutor is en-
dorsed as such thereon, except where tl\e same is preferred upon the information
or knowledge of two or more of the grand jury, or on the information of some
public officer, in the necessary discharge of his duty, in which case a statement of
the fact shall be made at the end of the indictment, and signed by the forem'an of
the grand.jury.
§ 23. The namo of the prosecutor shall be endorsed as such, by himself, or where
his name has been certified as prosecutor, with the examination as provided bylaw,
the endorsement may be made by the prosecuting attorney.
§ 24. If any indictment so endorsed, shall be returned by the grand jury, "not
a true bill," the prosecutor shall be adjudged to pay the costs.
5 25. In all cases where any fine or penalty is or shall be imposed by any stat-
ute of this state, as a punishment for any offence, and no other provision is made
for the recovery thereof, the same may be recovered by indictment.
ARTICLE IV.
Of indiclment and process ihcreoiu
Sec.I. Indictments for a felony not open to inspection; when.
2. Punishmpnt for disclosing fact that indictment is found.
3. Qualification of the two last sections.
4. In case of two indictments for llio same matter, first to be quashed.
5. In what county receivers of stolen property may be indicted, S{C-
6. In what counties indictments may be found for oa-cnces on hoard of vessels, .S'C
7. In what county indictments may be found for oflenccs committed near a boundary line of a county.
8. Allegation of property in indictment in case of several owners or partners.
9. Proceedings Vvhen wound, fcc, in one county, and death iu another.
10. Proceedings when wound, &c., given in this state, and death in another.
11. Proceedings when wound, &c., given in another state, and death in this state.
12. Indictments, &c., against acccssariei«, in what counties may be had.
62
482 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
SbC 13. Accessaries to be tried, althousli principal pardoned, ^-c.
14. Wlien robbery and burglary may be tried in county to which property is carried.
15. Two or more charged jointly with the commission of an offence, to be included in same indictment.
16. Counts for different degrees of same offence.
17. Indictments not to be affected by certain omissions and defects.
18. Warrants on indictments, by whom to be issued.
19. Letting to bail of persons indicted, by what officers.
20. No other officers authorized to let to bail in such cases.
21. Recognizance on letting to bail, where to bo filed, &c.
22. If any person abscond or flee, after indictment, &c., cause may le continued; proceedings.
§ 1. When any indictment shall be found against any person for a felony, not
beinc in actual confinement, or held by recognizance to ansv/er thereto, such in-
dictment shall not be open to the inspection of any person, except the judge and
clerk of the court, and the prosecuting attorney, until the defendant therein shall
have been arrested.
§ 2. No judge, prosecuting attorney, or other officer of any court, shall disclose
the fact of any such indictment being found, until the defendant therein shall have
been arrested, or recognized to answer the same; and any person violating this
provision, shall be deemed guilty of a misdemeanor.
§ 3. The two last sections shall not extend to any officer making any such dis*
closure by the issuing, or in the execution of any process on such indictment, or
in any other way, when it shall become necessary in the discharge of any official
duty.
§ 4. If there be, at any time, pending against the same defendant two indictments
for the same offence, or two indictments for the saine matter, although charged as
different offences, the indictment first found shall be deemed to be suspended by
such second indictment, and shall be quashed.
§ 5. Where any person shall be liable to prosecution as the receiver of any per-
sonal property that shall have been feloniously stolen, taken or embezzled, he may
be indicted, tried and convicted in any county where he received or had such prop-
erty, notwithstanding such theft was committed in another county.
§ 6. When any offence shall ha^ve been committed within this state, on board of
any vessel in the course of a voyage or trip, an indictment for the same may be
found, and a trial and conviction thereon had, in any county through which, or any
part of which, such vessel shall be navigated in the course of the same voyage or
trip, or in the county where such voyage or trip shall terminate, in the same man-
ner, and with the like effect, as in the county where the offence was committed.
§ 7. Where an offence shall be committed on the boundary of two counties, or
within five hundred yards of such boundary, or where the person committing the
offence shall he on one side, and the injury be done on the other side of such boun-
dary, the indictment may be found, and a trial and conviction thereon had, in either
of such counties.
§ 8. When any offence shall be committed upon, or in relation to, any personal
property belonging to several partners or owners, the indictment for such offence
•«t
'' "Without
OXVjj
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PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 483
5 9. When any mortal wound shall be given, or any poison shall be adminis-
tered, or any means shall be employed in one county, by which any human being
shall be killed, who s'lall die thereof in another county, an indictment for such
o'iCnce may bo found in either county; and the same proceedings shall be had
thereon, in all respects, as if the olTence had been commenced and consummated
iu the county in which such indictment shall be found.
§ 10. If any such wound or mortal injury shall be inflicted on any human being
in this state, who shall die thereof in another state, an indictment may be found,
and a trial and conviction thereon had, in the county in Vvhich the wound or mor-
tcd injury v/as given or inflicted, in all respects as if the deaih had happened in
such county.
§ 11. If any such wound or mortal injury shall have been inflicted in another
state, on any human being, who shall die thereof within the state, an indictment
may be found, and a trial and conviction thereon had, in the county in which the
death happened, in all respects as if the v/ound or injury had been inflicted in such
county.
5 12. An indictment against any accessary to any felony, may be found in any
county where the ofience of such accessary shall have been committed, notwith-
standing the principal offence may have been committed in another county, and
the like proceedings shall be had therein, in all respects, as if the principal offence
liad been committed in the same county.
§ 13. An accessary before or after tlie fact, may be indicted, tried, and punished,
notwithstanding the principal felon may have been pardoned, or otherwise dis-
charged after his conviction.
5 14. When property stolen in one county, and brought into another, shall have
been taken by burglary or robbery, the offender may be indicted, tried and con-
victed for such burglary or robbery, in the county into which such stolen property
was brought, in the same manner as if suc'i burglary or I'obbery had been com-
mitted in that county.
§ 15. When two or more persons are charged with having committed an offence
jointly, all concerned shall be included in one indictment.
§ IS. When by lav/ an ofience comprises diflerent degrees, an indictment may
contain counts for the diiierent degrees of the same offence, or for any of such
degrees.
§ 17. No indictment shall be deemed invalid, nor shall the trial, judgment, or
other proceedings thereon, be stayed, arrested, or in any manner effected.
First, By reason of t:;e omission or mis-statement of the defendant's title, oc-
cupation, estate or degree, or of the county or town of his residence,
where the defendant shall not be misled or prejudiced by such
omission or mis-statement; or,
Second, By the omission of the words, " with force and arms,*' or any words
of similar import; or.
484 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
Third, By omitting to charge any olTence to have been contrary to a statute
or statutes, notwithstanding such oirence may have been created, or
the punishment declai-ed by a statute; or.
Fourth, By reason of any defect or imperfection in matters of form, which
shall not tend to the prejudice of the defend'ant.
6 18. A warrant or other process for the arrest of any defendant indicted, may
be issued by the court in which such indictment shall iiave been found, or by the
judge thereof, or by an}^ judge of the supreme court, and by no other officers.
§ 19. Where the indictment is for a bailable olTence, the defendant may be let
to bail by the court in which such indictment is pending, or if such court be not
sitting, by the judge thereof, or by any judge, or any justice of the county court
of the county in which the indictment is pending.
§ 20. No court or officer, other than those specified in the last section, shall let
to bail any person indicted for any offence.
§ 21. Whenever any person indicted for any offence, shall be let to bail, the offi-
cer taking the recognizance shall immediately file the same with the clerk of the
court in which the indictment is pending.
§ 22. If any person indicted for a criminal offence, abscond or flee from justice,
or cannot be found to be served vyith process, or, being let to bail, shall not appear
according to the condition of the recognizance, the cause may be continued from
term to term, without issuing process on the indictment, and such process may be
issued at any time, on the application of the prosecuting attorney.
ARTICLE y.
Of the arrcilgiimcnt, and other proceedings before trial.
Sec. 1. Clerk to furnish defendant in capital ciiscs, cc;;y of indictment; when.
2. Defendants in cases not capiial, nii:Uied to copy of indictiiiciits on payment of fees.
3. Defendant unable to cinploy couiisel, court to assi^'n counsel for him ; their privileges.
4. Mode of arrai^^ning defendant on indictment, ^ c.
5. Dilatory pleas to l:e proved \ty allldavit or oilier evidence.
6. Trying foreign ploas.
7. Defendant entitled to subpujnas, and compulsory process for witnesses, as in civil cases.
8. Disobedience to any such sulipcenas, liow punisiscd; liability of witness to party who had him summoned.
9. Not necessary to pay or tender fees to witnesses in criminal cases.
10, 11, & 12. Commission to examine witnesses, and proceedings thereon.
13. Examination of witnesses conditionally; proceedings in such case.
14. Change of venue, how n}ade whetr'iridistment or prosecution is pending against the judge.
15. In what cases cliange of venue to be ordered on account of the judge being interested, &c.
16. Cause may be removed, if it appear that the inhabitauts are prejudiced against defendant; when.
17. Order to be made on petition of defendant; liow veritied and supported; notice to prosecuting attorney.
18. When court may make such order for removal without applicatioit of the party for that purpose.
19. What facts shall be stated in every order for removal of a cause.
20. If such order is made in term, or by an officer out of court, proceedings in either event.
21. Whet> such order is made, if defendant is not in custody, recognizance to be entered into, &c.
22. Recognizance may be taken; by whom, and where to be filed.
23. Order for removal, if defendant is not in custody, not ej°ectual, unless upon certain coaditions; second removal
not allowed.
24. If defendant be in custody, court, or officer granting the change, to make order for removal <'f prisoner, tc.
25. Sherjtrto obey such order; proceedings of the sheriff in such coses.
PRACTICE AND PROCEEDINGS IN CRIMINAL OASES. 435
S:c.26. Upon order of removal, clerk to make out and transmit, tc., a full transcript of tho record, prococdin". &,c. ia
the cause.
27. Clerk of court to which cause was removGd, to filo the same as a record ; cause how to he proceeded in.
28. How to proceed if transcript be not transmitted or received, i5-c., at tlic first term of court to which it was or-
dered.
29. Defendant, witnesses, c,c., who are xuider recognizance, havinj notice of removal, to attend place of trial; fail-
ure to do so, deemed a hreach of recognizance.
30. Order of removal made in term, deemed a notice to persons under recognizance; in other cases, notice how, by
whom given, and how served.
31. Costs and expenses in tlic removal, by what court to be adjusted; how taxed, &c.
3:2. Penalty on clerk who shall neglect to perform duties enjoined on him in removal of causes.
33. Several defendants, and cause for removal only as to part, others to be tried as if no order was made.
§ 1. It shall be the duty of the clerk of the court in which an indictment against
any person, for a capital oOence, may be pending, whenever the defendant shall be
in custody, or held by recognizance to answer thereto, to make out a copy of such
indictment, and cause the same to be delivered to the defendant, or his counsel, at
least forty-eight hours before he shall be arraigned on such indictment.
§ 2. Every person who shall be indicted for any offence, not capital, who shall
have been arrested, or held by recognizance to appear and answer to such indict-
ment, shall, on demand, and on payment of the fees allowed by law therefor, be
entitled to a copy of the indictment, and all endorsements thereon.
§ 3. If any person about to be arraigned upon an indictment for a felony, be
without counsel to conduct liis defence, and be unable to employ any, it shall be
duty of the court to assign him counsel, at his request, not exceeding two, who
shall have free access to the prisoner at all reasonable hours.
} 4. When any person shall be arraigned upon any indictment, it shall not be
necessary to ask him how he will be tried; and if he deny the charge in any form,
or require a trial, or if he refuse to plead or answer, and in all cases where he does
not confess the indictment to be true, a plea of not guilty shall be entered, and the
same proceedings shall be had in all respects as if he had formally pleaded not
guilty to such indictment.
§ 5. No plea in abatement, or other dilatory plea to an indictment, shall be
received by any court, unless the party offering such plea shall prove the truth
thereof by affidavit, or by some other evidence.
§ 6. When any matter shall be pleaded to an indictiiaent as having occurred in any
other county than that in v.'hich the indictment was found, it shall be tried in the
same manner as if it had been alleged to have occurred in the county where such
plea is tendered.
§ 7. Every person indicted or prosecuted for a criminal offence, shall be entitled
to subpoenas and compulsory process for witnesses, in like manner, and under like
circumstances, as parties in civil cases.
§ 8. Disobedience to any such subpoenas shall be punished in the same manner,
and upon the like proceedings, as provided by lav/ in civil cases; and every delin-
quent witness shall be liable to the party at v/hose instance he was summoned, in
the same manner, and to the same extent, as in cases of witnesses summoned in a
civil suit.
486 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
§ 9. It shall not be necessary to pay or tender any fees whatever to any witnesi*
summoned on the part of the state, or on tlie part of the defendant, but such wit-
ness shall be bound to attend, and be liable for non-attendance, in the same manner
as if the fees allowed to witnesses in civil cases had been duly paid to him.
§ 10. When any issue of fact is joined in any criminal case, and any material
witness for the defendant resides out of the state, or, residing within this state, is
ancient, sick or infirm, or is bound on a voyage, or is about to leave this state, such
defendant may apply to the court in v/hich the cause is pending for a commission
to examine such witness, upon interrogatories thereto annexed, and such court
may grant the same, upon the like proof, and on the like terms, as provided hy lav/
in civil cases.
§ 11. The court granting sucli commission may permit the officer prosecuting
for the state to join in such commission, and to name material witnesses to be ex-
amined on the part of the state, v/hose personal attendance cannot be obtained for
like causes.
§ 12. Interrogatories to be annexed to such commission shall be settled, and
such commission shall be issued, executed and returned, in the manner prescribed
by law in respect to commissions in civil cases, and the depositions taken thereon
and returned, shall be read in the like cases and with the like effect as in civil suits.
§ 13. The defendant in any criminal cause may also have witnesses examined
on his behalf, conditionally, upon a commission issued by the clerk of the court in
which the cause is pending, in the same cases and upon the like notice to the prose-.
cuting attorney, with the like effect, and in all respects as provided by law in civil
suits.
5 14. Whenever any indictment, or prosecution, for a criminal offence, shall be-
pending in any circuit court against the judge thereof, the same shall be removed
to the circuit court of some county in a different circuit, upon the order in writing
of the attorney general, or circuit attorney prosecuting for the circuit, or upon the
order of any judge of the supreme court.
§ 15. When any indictment, or criminal prosecution, shall be pending in any cir-
cuit court, the same shall be removed by the order of such court, or the judge
thereof, to the circuit court of some county in a different circuit, in either of the
following cases:
Fi7-st, When the judge of the court, in which the cause is pending, is near of
kin to the defendant, by blood or marriage; or.
Second, V/hen the defendant is a slave, and such judge, or a person near of kin
to him, is the owner, or has any interest in such slave; or,
Third, When the ollence charged, is alleged to have been committed against
the person or property of such judge, or some person near of kin to
iiim; or,
Fourth, Where the judge is in anywise interested, or shall have been counsel
in the cause.
§ 16. Any criminal cause, pending in any circuit court, may be removed by the
order of such court, or the judge thereof, to the circuit court of another county,
TRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 437
whenever it shall appear, in the manner hereinafter provided, that the minds of the
inhabitants of the county ia which the cause is pending are so prejudiced against the
defendant that a fair trial cannot be had therein.
§ 17. Such order of removal sliall be made on the application of the defendant,
by petition, setting fortli the facts, verliied by affidavit, if reasonable previous no-
tice of the application be given to the prosecuting attorney, and the truth of the
allegations be supported by the aiiidavitof any credible disinterested person.
{18. Whenever it shnll ho witliin the knowledge of a court or judge, that facts
«xist which would entitle a defendant to the removal of any criminal cause, on his
application, such court or judge may make an order for such removal, without any
application by the party for that purpose.
} 19. Every order for the removal of any cause, under the foregoing provisions,
shall state wdiether the same is made on the application of the party, or on facts
within the knowledge of the court or judge, and shall specify the cause of removal,
and designate the county to which the cause is to be removed.
§ 20. Such order, if made in term, shall be entered on the minutes; if made by
an officer out of court, shall be in writing and signed by such officer, and shall be
filed by the clerk, with the petition, if any, as a part of the record in the cause.
§ 21. When such order shall be made, the defendant, if not in confinement or
custody, shall enter into a recognizance, with sufficient sureties, for his appear-
ance, to ansv/er the charge in the court to v/hich the cause is to be removed, at the
next term thereof, and not to depart suchcourt without leave.
§ 22. Such recognizance may be taken by the court, or judge making the order,
or by any court or officer authorized by law to let to bail after indictment; and
when taken out of the court in which the cause is pending, shall be filed with the
clerk thereof.
§ 23. No order for the removal of a cause shall be efiectual in the case of any
defendant, not being in confinement or custody, unless a recognizance, taken as
herein directed, be entered into in open court, or delivered with the order, and
filed with the clerk of the court, nor unless such order be delivered before any juror
is sworn in the cause; and in no case shall a second removal of any cause be
allowed.
§ 24. If the defendant be in actual custody or confinement, the court or officer
granting the order of removal, shall also make an order, commanding the sheriff to
remove the body of the defendant to the jail of the county into which the cause is
to be removed, and there deliver him to the keeper of such jail, together with the
warrant, or process, by virtue of which he is imprisoned or held.
§ 25. The sheriff shall obey such order, without unnecessary delay, and sh<ill
endorse on the commitment or process, by virtue of which the prisoner wa? in his
custody, the reason of the change of custody, and shall deliver such warrg.nt, with
the prisoner, to the keeper of the jail of the proper county, who s^'iall give such
sheriff' a receipt therefor, and take charge of, and keep the prisoner, in the same
manner as if he had been originally committed to such jail-
408 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
§ 26. Whenever any order shall be made for the removal of any cause, under'
the foregoing provisions, the clerk of the court in which the same is pending shall
make out a full transcript of the record and proceedings in the cause, including the
order of removal, the petition therefor, (if any,) and the recognizances of the de-
fendant, and of all witnesses, and shall transmit the same, duly certified under the
seal of the court, to the clerk of the court to which the removal is ordered.
§ 27. On the receipt of such transcript by the clerk of the court to which any
such cause is removed, he shall file the same as a record of hia court, and the same
proceedings shall be had in the cause, in such court, in the same manner, and in all
respects as if the same had originated therein.
§ 28. If such transcript shall not be transmitted, or shall not be received, at or
before the first term of the court to which the cause is ordered to be removed, or if
such transcript shall be lost or destroyed, the cause shall not, by reason thereof,
be discontinued, but such transcript, or another in lieu thereof, may be transmitted
and filed as required by this act, at or before the next succeeding term of such
court, and proceedings thereon shall be had as if no such failure or loss had hap-
pened.
} 29. The defendant, and all witnesses and others, who shall have entered into
any recognizance to attend the trial of any such cause, having notice of the re-
moval thereof, shall be bound to attend at the time and place of trial, in the county
to which the cause is removed, and a failure to do so shall be deemed a breach of
the recognizance.
5 30. When the order of removal is made in term, it shall be deemed a notice
to every person who shall have entered into a recognizance to appear at such
term; in other cases, the notice shall be in writing, signed by the prosecuting attor-
ney or clerk of the court, and served on the person, so recognized, in the manner
provided by law for serving notices.
} 31. The costs and expenpes, necessarily incurred in the removal of any such
cause, under the foregoing provisions, shall be adjusted and allowed by [the] court
wherein the cause is tried, and shall be taxed as other costs in such cause.
§ 32. If any clerk of the circuit court shall neglect or 'refuse to perform any
duty in relation to the removal of a cause, enjoined on him by the foregoing pro-
visions, he shall forfeit and pay a sum not exceeding five hundred dollars, to be
recovered by action of debt, in the name and to the use of the state.
§ 33. When there are several defendants in any indictment or criminal prose-
cution, and the cause for the removal thereof exists only as to a part of them, the
othei: defendants shall be tried, and all proceedings had against them in the county
in whicYi the case is pending, in all respects, as if no order of removal had been
made as to any defendant.
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 489
ARTICLE VI.
Of trials for offences, and proceedings incident thereto*
Sec 1. Issues of fact on indktmcnts, how to be tried.
2. Jury of part aliens not allowed; aliens, by what jurors to be tried.
3. On indictment for criminal offence, in what cases defendant entitled to peremptory challenge of Jurors.
4. Numljerof jurors to be summoned in criminal cases.
5. In what cases, and when list of jurors to be delivered to the defendants
6. Grand jurors who found indictment not to be on petit jury,
7. On trial of a slave, or of a person for injury to a slave, who shall not serve' as a Juror.
8. Certain persons not to serve as jurors in certain cases.
9. Persons entertaining certain opinions, not allowed a» jurors for offences punishahlc with death.
10. Witness not to be sworn as a juror if challenged for that cause; juror to disclose facte in the cause, if he know
any, in open court.
11. What shall be good cause of challenge to a juror.
12. Challenges for cause, how tried; cause discovered after juror is sworn, may be discharged; when.
13. Defendants to bo present at trial in person or by attorney, &c.; admitted to make proof &c.
14. & 15. Provisions in civil cases extended to criminal cases, in reference to jurom, witnesses,- &c.
16. Verdicts may be set aside, and new trials on application of defendant; continuances granted to either party;
when.
It. On trhil-s for treason, what evidence of overt acts to be received; upon proof of what overt acts convic-
tion to be had.
13. Proof necessary to sustain indictments for conspiracy.
19. Certain proof sufficient on indictments for rape, or tho crimC against nature.
20. On the trial of any criminal cause, the existence, eonstitutidn, &c. , of any banking company, how proved.
21. Prosecutor or person injured by offence, &c., competent witness.
22. When defendants to be tried separately; when jointly.
23. Defendants may file bills of exceptions; proceedings.
24. Prisoners under indictment, when to be discharged.
25. Person indicted and held to answer on bail, when to be discharged.
26- On application for discharge under either of the tv.ro preceding sections, proceedings of the court.
27. Courts not to sum up or comment on the evidence, or charge the jury as to- matter of fact, except, itci
but may as to points of law.
^ 1. All issues of fact, in any criminal cause, shall be tried by at jury, to be
selected, summoned and returned, in the manner prescribed by law.
§ 2. No alien shall be entitled to a jury of part aliens or strangers, for the trial
of any indictment, but in every case the jurors shall be such only as are qualified
to serve according to the laws of this state.
§ 3. The defendant in every indictment for a criminal offence, shall be entitled
to a peremptory challenge of jurors in the following cases, as follows:
First, If the offence charged is punishable with death, or by imprisonment in
the penitentiary, not less than for life, to the number of twenty, and
and no more.
Second, If the offence be punishable by like imprisonment, not less than a
specified number of years, and no Hmit to the duration of such im-
prisonment is declared, to the number of twelve, and no more.
Third, In any other case punishable by imprisonment in the penitentiary, to
the number of eight, and no more.
Fourth, In cases not punishable with death, or imprisonment in the peniten*
tiary, to the number of four, and no more.
63
490 PRACTICE AND riiOCEEDlJNGtS IN CRIMINAL CASES.
§ 4. There shall be Bummoned and returned in every crmiinal cause, a number
of qualified jurors, equal to the number of peremptory challenges, and twelve
in addition.
§ 5. A list of the jurors summoned shall be delivered] to the defendant, in the
cases specified in the two first sub-divisions of the third section of this article, at
least forty-eight hours before the trial; and in other cases, before a jury is sworn,
if such list be requested.
§ 6. No person who was a member of the grand jury, or inquest, by which any
indictment or presentment was found in any cause, shall serve as a petit juror on
the trial of such cause.
§ 7. Upon the trial of any indictment against any slave, or against any person
for an injury to a slave, neither the owner of such slave, nor any person of kin
to him by blood or marriage, shall serve as a juror.
§ 8. When any indictment alleges an oifence against the person or property ol
another, neither the injured party, or any person of kin to him, shall be a compe-
tent juror on the trial of such indictment, nor shall any person of kin to the pros-
ecutor or defendant, in any case, serve as a juror on the trial thereof.
§ 9. Persons whose opinions are such as to preclude them from finding any
defendant guilty of ah offence punishable with death, shall not be allowed or com-
pelled to s£rve as jurors on the trial of an indictment for any offence punishable
with death.
§ 10. No witness in any criminal case shall be sworn as a juror therein, if chal-
lenged for that cause, before he is sworn; and if any juroi* shall know any thing
relative to the matter -in issue, he shall disclose the same in open court.
} 11. It shall be a good cause of challenge to a juror, that he has formed or deliv-
ered an opinion on the issue, or any material fact to be tried; but if it appear ihat
such opinion is founded only on rumor, and not such as to bias or prejudice the
mind of the juror, he may be sworn.
§ 12. All challenges for cause may be tried by the court, on the oath of the person
challenged, or by triers on other evidence, and such challenges shall be made before
the juror is sworn; but if the cause of challenge be discovered after a juror is sworn, |
and before any part of the evidence is delivered, he may be discharged, or not, in
the discretion of the court.
5 13. No person indicted for a felony can be tried, unless he be personally pre-
sent during the trial, nor can any person indicted for any other offence be tried,
unless he be present, either personally or by his counsel; and every person indicted
shall be admitted to make any lawful proof, by competent witnesses, or other tes-
timony, in {lis defence.
§ 14. The proceedings prescribed by law in civil cases, in respect to the empan-
nelling of jurors, the keeping them together, and the manner of rendering their
verdict, shall be had upon trials on indictments and prosecutions for criminal
offences, except in cases otherwise provided by statute.
§ 15. The provisions of law in civil cases, relative to compelling the attendance
and testimony of witnesses, their examination, the administration of oaths and affir-
!
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES 491
mations, and proceedings as for contempt, to enforce the remedies and protect the
rights of parties, shall extend to criminal cases, so far as they are in their nature
applicable thereto, subject to the provisions contained in any statute.
§ 16. Verdicts may be set aside, and new trials awarded on the application of
the defendant, and continuances may be granted to either party, in criminal cases,
for like causes, and under the like circumstances, as in civil cases.
{ 17. In trials for treason, no evidence shall be given of any overt act that is not
expressly laid in the indictment, and no conviction shall be had upon any indict-
ment for such oflence, unless one or more overt acts be expressly alleged therein.
§ 1 0. In trials for conspiracy, in those cases where an overt act is required by
law to consummate the oflence, no conviction shall be had, unless one or more
overt acts be expressly alleged in the incfictmcnt, and proved on the trial; but other
overt acts, not alleged in the indictment, may be given in evidence on the part of
the prosecution.
{ 19- Proof of actual penetration into the body, shall be sufficient to sustain an
indictment for a rape, or for the crime against nature.
§ 20. If on the trial or other proceeding in a criminal cause, the existence?
constitution or powers of any banking company or corporation, shall become mate,
rial, or be in any way drawn in question, it shall not be necessary to produce a
certified copy of the charter, or act of incorporation, but the same may be proved
by general reputation, or by the printed statute book of the state government, or
county, by which such corporation was created.
§ 21. No person shall be rendered incompetent to testify in. criminal causes, by
reason of his being the person injured or defrauded, or intended to be injured or
defrauded, or that he would be entitled to satisfaction for the injury, or is liable to
pay the costs of the prosecution.
5 22. Wlien two or more defendants are jointly indicted for any felony, any
one defendant requiring it, shall be tried separately, in other cases, defendants
jointly indicted, shall be tried separately or jointly, in the discretion of the court.
§ 23. On the trial of any indictment, or prosecution for a criminal offence, excep-
tions to any decision of the court may be made in the same cases and manner pro-
vided bylaw in civil cases, and bills of exception shall be settled, ■signed, sealed and
filed, as now allowed by law in personal actions; and the same proceedings may
be had to compel or procure the signing and sealing of such bill, and the return
thereof, as in civil cases.
§ 24. If any person indicted for any offence, and committed to prison, shall not
be brought to trial before the end of the second term of the court having jurisdic-
tion of the offence, which shall be held after such indictment found, he shall be
entitled to be discharged, so far as relates to the offence for which he was commit-
ted, unless the delay shall happen on the application of the prisoner.
§ 25. If any person indicted for any offence, and held to answer on bail, shall not
be brought to trial before the end of the third term of the court in which the cause
is pending, which shall be heldafter such indictment found, he shall be entitled to
492 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
be discharged, so far as relates to such offence, unless the delay happen on his
application.
5 26. If when application is made for the discharge of a defendant, under cither
of the two last sections, the court shall be satisfied that there is material evidence
on the part of the state, which cannot then be had, that reasonable exertions have
been made to procure the same, and that there is just ground to believe ihat such
evideiice can be had at the succeeding term, the cause may be continued to the
next term, and the prisoner remanded, or admitted to bail, as the case may require.
I 27. The court shall not, on the trial of the issue on any indictment, sum up or
comment upon the evidence, or charge the jury as to matter of fact, unless request-
ed so to do by the prosecuting attorney, and the defendant or his counsel, but the
court may instruct the jury on any point of law arising in the cause.
ARTICLE VII.
Of the verdict and judgment^ and proceedings thereon.
Sec. 1. When there are different degrees of the same offence, the degree of wliich tlcfendant is guilty, to be spc.
cified in the verdict.
2. On eonviction for robbery, theft, fraud, &.c., value of property taken, ice, to be specified by jury in their
verdict.
3. Jury may assess the punishment in their verdict; when, and in what cases.
4. In what eases, after verdict, court to assess and declare tlie punisliment.
5. How court to proceed where jury find a greater punishment than is allowed in such cases.
fl. How court to proceed where jury find a less punishment than is allowed by law in such cases.
7. Court may reduce extent and duration of punishment assessed by a jury; wlicn.
8. Where a prosecutor is masked, jury to return in their verdict whether the prosecutor or county shall pay ihe
* costs.
9. Power of the court to require surety of the peace, &c., from convicts.
10. Limitation of the preceding section.
11. When recognizance to be deemed broken in such case.
12. Judgment of court to be fully entered in minutes.
13. Authority of sheriff to execute sentence of imprisonment in county jail.
14. Authority of sheriff to convey convict to the penitentiary; how to be executed.
15. Authority pf sheriff in requiring assistance in such cases; penalty on those refusing assistance.
16. Authority of sheriff to c.vecute sentence of death; time for executing sentence to be fixed.
17. Court or governor may prolong or suspend execution of convict.
18. Jury to be summoned to try the insanity of convict; when; notice to prosecuting attorney to be given.
19. Prosecuting attorney to attend such inquiry; witnesses summoned, ^c; proceedings.
20. Inquest, by whom to be signedj if the convict be found insane, duty of the sheriff.
21. Inquisition to be transpiitted to the governor; his power and duty in such cases.
22. 4" 23. Proceedings to ascertain pregnancy of female convicts; duty of the gheriff.
24. When execution of such convict to be directed; sentence may be commuted.
25, & 26. Power of supreme and circuit court to order execution in certain cases.
27. Manner of executing convicts.
28. Costs in cases of conviction, and sentence of death, how paid.
29. Where two or more defendants in an indictment sever in trial, costs how paid.
30. On sentence of imprisonment in county jail, and pay a fine, not to be discharged until sentence complied with.
31. Such fine may be commuted by a term of imprisonment, and then discharged on payment of costs.
32- Person detained for costs in criminal case, may be discharged under tlie insolvent laws.
33. Property of person charged with crime, bound for the payment of fine and costs, and from what time.
34. Executions to be issued for fines and costs; when; how executed.
2$. All fines, upQi) conviction, appropriated to tlic county treasury and state treasury; when.
TRACTICE AND PROCEEDINGS IN CRIMINAL CASE«. 493
Fec- 3G. In cases of acquittal, or inability to pay costs, wlien to be paid by Die state, and when by tlie county
37. But neither county or state to pay costs until execution issue against the convict, &c.
38. Wlicn state or county is liable for costs, the same to be audited by the court, certified, (Sec.
39. Such demands against the state to be delivered to the auditor; warrant to be drawn.
40- All demands against the county , certified, &c., how obtained.
41. When slave is convicted, to be sold to pay costs, unless owner will pay it; in what cases.
42. If such costs be not paid, sheriffto sell slave as on execution; proceeds how applied.
43. Convicted of capital offence, and reprieved or pardoned, to be sold to pay the costs, unless owner will pay it.
44. Convicted of capital offence and executed, state to pay the costs.
§ 1. Upon the trial of any indictment for any offence, where, by law, there may
be conviction of different degrees of such offence, the jury, if they convict the
defendant, shall specify in their verdict of what degree of the offence they find
the defendant guilty.
§ 2. Where the indictment charges one offence against the property of another
by robbery, theft, fraud, embezzlement or the like, the jury, on conviction, shall
ascertain and declare in their verdict the value of the property taken, embezzled
or received, and the amount restored, if any, and the value thereof.
§ 3. In all cases of a verdict of conviction for any offence, where, by law, there
is any alternative or discretion in regard to the kind or extent «f punishment to
be inflicted, the jury may assess and declare the punishment in their verdict, and
the court shall render a judgment according to such verdict, except as herein-
after provided.
§ 4. Where the jury find a verdict of gxiilty, and fail to agree on the punishment
to be inflicted, or do not declare such punishment by their verdict, or assess a pun-
ishment not authorized by law, and in all cases of judgment on confession, the
court shall assess and declare the punishment, and render judgment accordingly.
§ 5. If the jury in any case assess agreaterpunishment, whether of imprisonment
or fine, than the highest limit declared by law, for the offence of which they convict
the defendant, the court shall disregard the excess, and pronounce sentence, and
render judgment according to the highest limit prescribed by law in the particular
case.
§ 6. If the jury assess a punishment, whether of imprisonment or fine, below the
limit prescribed by law, for the oflence of which the defendant is convicted
the court shall pronounce sentence and render judgment according to the lowest
limit prescribed by law in such case.
§ 7. The court shall have power, in all cases of conviction, to reduce the extent,
01 duration of the punishment assessed by a jury, if, in its opinion, the conviction
is proper, [and] the punishment assessed is greater than under the circumstances of
the case ought to be inflicted, so that the punishment be not in any case reduced
below the limit prescribed by law for the offence.
§ 8. If upon the trial of any indictment, whereon the name of a prosecutor is
endorsed as such, according to law, the jury shall acquit the defendant, they shall
determine and return, together with their verdict, whether the proseputor or the
county shall pay the costs, and the court shall render judgment accordingly.
494 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
i 9. The court before which any person shall be convicted of any criminal oflcnce,
not punishable with death, or imprisonment in the penitentiary, shall have power,
in addition to the sentence prescribed or authorized by law, to require such person
to give security to keep the peace, or be of good behavior, or both, for a term no^
exceeding two years, or to stand committed until such security be given.
$ 10. The last section shall not extend to convictions for writing or publishing
any libel; nor shall any such security be hereafter required by any court, upon
any complaint, prosecution or conviction, for any such writing or publishing.
§ 1 1. No recognizance given under the provisions of the ninth section, shall be
deemed to be broken, unless the principal therein be convicted of some offence
amounting, in judgment of law, to a breach of such recognizance.
{ 12. Whenever a judgment upon a conviction shall be rendered in any court,
the clerk of such court shall enter such judgment fully on the minutes ; stating briefly
the offence for which such conviction shall have been had, and the court shall in-
spect such entries, and conform them to the facts.
§ 13. Whenever a sentence of imprisonment in a county jail shall be pronounced
upon any person convicted of any offence, the clerk of the court shall, as soon as
may be, make out and deliver to the sheriff of the county, a transcript of the entry
of such conviction, and of the sentence thereupon, duly certified by the clerk,
which shall be sufficient authority to such sheriff to execute such sentence, and he
shall execute the same accordingly.
5 14. Where any convict shall be sentenced to imprisonment in the penitentiary,
the clerk of the court, in which the sentence was passed, shall forthwith deliver a
certified copy thereof to the sheriff of the county, who shall, without delay, either
in person , or by a general and usual deputy, cause such convict to be transported
to the penitentiary, and delivered to the keeper thereof.
§ 15. Such sheriff or deputy, while conveying a convict to the penitentiary, shall
liave the same power and the like authority to require the assistance of any citizen
of this state, in securing such convict, and retaking him, if he shall escape, as if
such sheriff or deputy were in the county in which he is such officer; and all per-
sons who shall neglect or refuse to assist such sheriff or deputy, when required?^
shall be liable to the same penalties as if such officer were in his own county.
§ 16. Whenever any convict shall be sentenced to the punishment of death, the
court shall cause to be made out, sealed, and delivered to the sheriff of the county, a
warrant, stating such conviction and sentence, and appointing a day on which such
sentence shall be executed, which shall not be less than four, nor more than eight
weeks from the time of the sentence.
§ 17. For good cause shewn, the court in which the conviction is had, or the
governor, may prolong the time, or suspend the* execution of any convict, sentenc,
ed to the punishment of death; and no other court or officer shall have sucii author-:
ty, except in the cases and in the manner hereinafter provided.
} 18. If, after any convict be sentenced to the punishment of death, the sheriff;
shall iiavc cause to believe tiiat such convict has become insane, he may summon a,
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 49^
jury of twelve competent jurors to enquire into such insanity, giving notice tlicrc-
oi" to the prosecuting attorney.
§ 19. The prosecuting attorney shall attend such enquiry, and may produce wit-
nesses before the jury, and may cause subpoenas to be issued by a justice of the
peace for that purpose, and disobedience thereto may be punished by the circuit
court in the same manner as in other like cases.
§ 20. The mquisition of the jury shall be signed by them, and by the sheriff. If
it be found that such convict is insane, the sheriff shall suspend the execution of the
sentence until he receive a w^arrant from the governor, or from the supreme or
circuit court, as hereinafter authorized, directing the execution of such convict.
§ 21. The sheriir shall immediately transmit such inquisition to the governor, who
may, as soon as he shall be convinced of the sanity of such convict, issue a war-
rant, appointing a time and place for the execution, pursuant to his sentence, or he
may, in his discretion, commute the punishment to imprisonment in the penitentiary
for life.
§ 22. If after any female convict shall be sentenced to the punishment of death,
the sheriir shall have reason to suspect that she is pregnant, he shall, in like manner^
summon a jui;y of six persons, not less than three of whom shall be physicians,
and shall giye notice thereof to the prosecuting attorney, who shall attend, and the
proceedings shall be had as provided in the nineteenth section of this article.
{ 23. The inquisition shall be signed by the jury and the sheriff; and if it appear
that such female convict is quick with child, the sheriff shall, in like manner, suspend
the execution of her sentence, and transmit the inquisition to the governor.
§ 24. Whenever the governor shall be satisfied (hat the cause for such suspen-
sion no longer exists, he shall issue his warrant, appointing a day for the execution
of such convict, pursuant to her sentence, or he may, at his discretion, commute her
punishment to imprisonment in the penitentiary for life.
§ 25. Whenever, for any reason, any convict sentenced to the punishment of death,
shall not have been executed pursuant to such sentence, and the same shall stand
in full force, the supreme court of the district, or the circuit court of the county in
which the conviction was had, on the application of the prosecuting attorney, shall
issue a writ of habeas corpus, to bring such convict before the court; or if he be at
large, a warrant for his apprehension may be issued by such court or any judge
thereof.
§ 26. Upon such convict being brought before the court, they shall proceed to
enquire into the facts, and if no legal reasons exist against the execution of such
sentence, such court shall issue a warrant to the sheriff of the proper county, com-
manding him to do execution of such sentcRce, at such time as shall be appointed
therein, which shall be obeyed by the shcrilf accordingly.
§ 27. The punishment of death shall, in all cases, be inflicted by hanging the con-
vict by the neck until he b6 dead.
§ 28. The costs in all cases of conviction, where the convict sentenced to suffer
death, and the expenses attending the execution of such sentence, shall be adjusted
and taxed by the court, and paid out of the estate of such convict.
496 i'KACTICE AND PROCEEDINGS IN CRIMINAL CASES.
§ 29. When two or more defendants are joined in one indictment, and shall sever
in the trial, the costs which shall have accrued at, and before, the severance, shall
be adjudged against such of the defendants as shall be convicted; and the costs
thereafter accruing in each case, shall be apportioned by the court, and adjudged
accordingly.
§ 30. When any defendant shall, on a conviction, be sentenced to imprisonment
in a county jail, or to pay a fine, he shall be imprisoned until the sentence is fully
complied with, and all costs'paid, unless he be sooner discharged in the manner
hereinafter provided.
§ 31. When any person is held in custody or imprisonment for a fine imposed
on a conviction for a criminal offence, as specified in the last section, the court in
which the cause was tried, or the judge thereof in vacation, on the petition of the
prisoner for that purpose, shall sentence him to imprisonment for a limited time
in lieu of the fine, and at the expiration of such time the prisoner shall be discharged
on the payment of costs, or obtaining his discharge, in the manner in the next
section provided.
§ 32. Whenever any person shall be detained for the costs of a criminal prose-
cution, he shall be permitted to take the benefit of the laws for the relief of insol-
vent debtors, on making application for that purpose, and conforming to the pro-
visions of such laws.
§ 33. The property, real and personal, of any person charged with a criminal
oflence, shall be bound, from the time of his arrest, or finding the indictment against
him (which ever shall first happen) for the payment of all fines and costs which he
may be adjudged to pay.
§ 34. It shall be the duty of the clerk of the circuit court, at the end of each
term, to issue executions for all fines imposed, and the costs of conviction, in tri-
mmal cases, during the term, and remaining unpaid, which shall be executed in the
same manner as executions in civil cases; and the property of the defendant may
be seized and sold thereon, notwithstanding he may be in custody for the same
demand.
§ 35. All fines imposed on conviction for any misdemeanor, unless otherwise
specially appropriated, shall be paid into the treasury of the county in which the
indictment was found; in all other cases, not otherwise directed, the fines imposed
or any criminal offence shall be paid into the state treasur}'.
§ 36. In capital cases, and on all cases of felony, if the defendant shall be acquitted,
or, if convicted, shall not have sufficient property to pay the costs, the same shall
be paid by the state; in all other cases of acquittal, or inability of the defendant to
pay the costs, the same shall be paid by the county.
§ 37. But neither the state nor county shall, in any case, be liable for costs, where
the defendant is convicted, until an execution shall have been issued against the
property of such convict, and returned unsatisfied for want of sufficient property
to satisfy the same, in cases where an execution may lawfully issue; nor unless the
court, in which the trial was had, shall certify that, in the opinion of such court, the
costs could not be recovered.
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 497
§ 38. Whenever the state, or any county, shall become liable to pay the costs
and expenses in a criminal case, the circuit court of t!ie county in which the cause
was tried or determined, shall audit and adjust the accounts for all charges, and
cause the same to be certified under the seal of the court.
§ 39. The person having any demand against the state so certified, shall deliver
the certificate to the auditor of public accounts, who shall draw his warrant therefor
on the state treasury, to be paid out of the general contingent fund.
§ 40. All demands so certified against any county, shall be presented to the coun-
ty court of such county, who shall proceed thereon as on other liquidated de-
mands against the county.
§ 41. If a slave shall be convicted of any offence in a case, where, if the convict
was a free person, he would be liable to pay costs, such slave shall be sold to satisfy
such costs, unless the owner or master appear and pay the same within sixty days
after they become due.
§ 42. The sheriff or officer, having the custody of such slave, shall detain him,
and if the costs be not paid within the time above specified, shall proceed to sell
such slave, on the sam-e notice, in the same manner, as near as may be, as on sales
of personal property under execution, and the proceeds shall be applied, first to the
payment of the costs and expenses of sale, and the balance paid to the owner, on
demand.
§ 43. Any slave convicted of a capital offence, who shall be reprieved or par.
doned by the executive, shall be sold to satisfy the costs, unless the owner or mas-
ter appear and pay the same, within the time prescribed in the forty-first section,
of this article.
§ 44. If a slave be convicted of any capital offence, and executed, the costs shall
be paid by the state.
ARTICLE VIII.
Of appeals and writs of ei'ror in criminal cases.
Sec. 1. Appeals allowed to tlie supreme court, in all cases of final judgment.
2. Writs of error upon sucli final judgment, are writs of ri;i;hl; when to issue.
3. When such appeal or writ of error to operate as a siay of proceedings.
4. If circuit court, or judge, refuse to make order for siay of proceedings, time shall be allowed to apply to suprema
court.
5. Order to stay proceedings by supreme court, &c , to be filed with the clerk; certificate of filing, t^c.
6. How defendant to be kept, on writ or appeal being allowed.
7. When and how defendant may be let to bail.
8. The condition of recognizance in such cases.
9. When proceedings are stayed, clerk to make out full transcript of the record, and transmit it to supreme court.
10. When proceedings are not stayed, transcript to be made out and returned on application of appellatit or plaintiff
in error.
11. On return of such appeal or writ of error to supreme court, how to proceed.
12. Judgment of supreme court, on affirmance or reversal.
13. Proceedings, if new trial be ordered.
14. Proceedings against defendant not appearing at new trial, &e.
15. Cause remanded for new trial, proceeding*.
64
498 TRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
§ 1. In all crises of iinal judgment rendered upon any indictment, an appeal to
the supreme C(.>urt shall be allowed, if aj)plied for during the term at which such
judgment is rendered.
§ 2. VVrils of error, upon any such final judgment, are writs of right, and, on ap-
plication therefor, sliall issue of course in vacation as well as in term, out ot the
court in which by law they may be made returnable.
§ 3. No such appeal, or writ of error, shall stay or delay the execution of such
judgment or sentence thereon, unless the supreme court of the district, or the cii-
cuit court in which tlie judgment was rendered, or some judge of such supreme or
circuit court, on inspection of the record, shall be of opinion that there is probable
cause for such appeal, or writ of error, or so much doubt as to render it expedient
to take the judgment of the supreme court thereon, and shall make an order ex-
pressly directing, that such appeal or writ of error shall operate as a stay of pro-
ceedings on the judgment.
{ 4. If the circuit court, or the judge thereof, refuse such order, he shall never-
theless suspend the execution of the judgment (except as to fine and costs) if ne-
cessary; to allow sufTicient time to make application to the supreme court, or a judge
thereof, for such order.
§ 5. When any such order to stay proceedings shall be made by the supreme
court, or by any judge in vacation, the same, together with the writ of error, if
any, shall be filed with the clerk of the court in which the judgment was rendered,
who shall furnish the party filing the same, with a certificate thereof, together with
a copy of the order.
{ 6. If the defendant, in the judgment so ordered to be stayed, shall be in custody,
it siiall be the duty of the sheriff, if the order was made by the court rendering the
judgment, or upon being served with the clerk's certificate and a copy of the order?
to keep the defendant in his custody, without executing the sentence which may
have been passed, to abide such judgment as may be rendered upon the appeal or
writ of error.
§ 7. In all cases where an appeal or writ of error is prosecuted' from a judgment
in a criminal cause (except where ttie defendant is under sentence of death or im-
prisonment for life) any court or officer authorized to order a stay of proceedings
under the preceding provisions, may allow a writ of habeas corpus to bring up the
defendant, and may thereupon let him to bail, upon a recognizance, with sufficient
securities, to be approved by such court or judge.
} 8. The recognizance shall be conditioned, that the defendant shall appear in
the supreme court, at the next term thereof to be holden for the district, to receive
judgment on the appeal or writ of error, and in the court in which the trial or the
indictment shall have been had, at such time and place as the supreme court shall
direct, and that he will render himself in execution, and obey every order and
judgment which shall be made on the premises.
§ 9. When any appeal shall be taken, or writ of error filed, which shall operate
as a stay of proceedings, it shall be the duty of the clerk of the circuit court to
wake out a full transcript of the record in the cause, including the bill of «xcep»
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 499
tions, judgment and sentence, and certify and return the same to the office of the
clerk of the supieme court, without delay.
§ 10. When the appeal or writ of error does not operate as a stay of proceed-
ings, such transcript shall be made out, certified and returned, on the application of
the appellant or plaintiii" in error, as in civil cases.
§ 11. No assignment of errors, or joinder in error, shall be necessary upon any
appeal or writ of error in a criminal cjuse, issued or taken pursuant to the fore-
going provisions of this article, but the court shall proceed on the return thereto,
M^ithout delay, and render judgment upon the record before them.
§ 12. If the supreme court shall aOirm the judgment of the circuit court, it shall
direct the sentence pronounced to be executed, and the same shall be executed
accordingly. If the judgment be reversed, the supreme court shall direct a new
trial, or that the defendant be absolutely discharged, according to the circumstan-
ces of the case.
} 13. If a new trial be ordered by the supreme court, as above provided, the
same shall be had in the court in whicli t'le indictment was first tried ; and if the de-
fendant shall have been let to bail, or be at large, an order shall be made that he
appear in the circuit court at the time and ' lice of holding such court.
§ 14. If the defendant shall have been let to bail, after the appeal or writ of er-
ror, as herein provided, and shall fail to appear and receive judgment on such ap-
peal or writ of error, or at any new trial that may have been ordered, the supreme
court, or the court in which such new trial shall be directed, or any judge of
either court, [shall] cause such defendant to be arrested, upon process to be issued for
that purpose.
§ 15. The circuit court, to v/hich any criminal cause shall be remanded for a new
trial, shall proceed therein in the same manner as if such cause had not been re-
moved into the supreme court.
ARTICLE IX.
Misdellaneous provisions J respecting criminal proceedings.
Sec. 1. Search warrants, by whom and when to issue.
2. & 3. To whom to be directed; its contents.
4. To be executed by a public officer only.
5. How prisoners, vagrants, &c., may be searched for property.
6. to 9. Provisions for restoring property stolen to the owner.
10. When to be sold, and proceeds, after paying costs. &c., to be paid into county treasury.
11. If the thing stolen be a living animal or perishable, may be sold; proceeds, how applied.
12 Duty of officer in making sales under the last section.
13. Warrants in criminal cases, how issued.
14. Eecoguizance in criminal proceedings, how taken.
15. 4" If"- Carrying prisoners through another county, &c.
17. Duty of jailor in every county through which such prisoner may pass.
18- Warrant to issue by the governor to messenger to receive fugitives, ^c, surrendered by the governor of anothet
state.
1?. Expenses accruing under the last section, how paid.
20. Governor may offer a reward for person charged or convicted of a fe!ony; when.
21. Ferion apprehending each fugitirs, bis claim bow audited, paid, S(«.
500 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
5ec.22. Conditions and restrict'ons may be imposed by the governor In granting reprieves and pardons.
23 24, & 25. Limitation of prosecutions in criminal cases.
26. E.xtent of, and construction of tlie two preceding sections.
27. Construction and operation of limitation, wliere indictment has been quashed, set aside, or reversed.
} 1. Upon complaint being made on oath, to any officer authorij^ed to issue pro-
cess for the apprehension of ofi'enders, that any personal property has been stolen
or embezzled, and that the complainant suspects that such property is concealed in
any particular house, or place, if such magistrate shall be satisfied that there is
reasonable ground for such suspicion, he shall issue a warrant to search for such
property.
§ 2. Such warrant shall be directed to the sheriff of the county, or any consta-
ble of the township, and shall command him to search the place where such prop-
erty is suspected to be concealed, in the day-time (which place shall be designated,
and the propsrty shall bs pirticularly dascribsd in such warrant) and to bring
such property before the magistrate issuing the warrant.
} 3. If there be positive proof that any property stolen or embezzled is con-
cealed in any particular house or place, the warrant may order the seaiching such
house or place, in the night-time.
§ 4. Every such warrant shall be executed by a public officer, and not by any
other person.
§ 5. Any magistrate who shall commit any person, charged with any offence, to
jail, or by whom any vagrant or disorderly person shall be committed, may cause
such person to be searched for the purpose of discovering any money or property
he may have, and if any be found, the same may be taken and applied to the sup-
port of such person while in confmement.
{ 6. When property alleged to have been stolen, shall come into the custody of
aiay sheriff, constable, or any person authorized to perform the duties of such offi-
cer, he shall hold the same subject to the order of the oliicer herein-after authorized
to direct the disposition thereof.
§ 7. Upon receiving satialactory proof of the title of any owner of such prop-
erty, the magistrate, who shall take the examination of the person accused of steal-
ing such property, may order the same to be delivered to such owner, on his pay-
ing the reasonable and necessary expenses incurred in the preservation of such
property, to be certified by such magistrate, which order shall entitle the owner to
demand and receive such property.
§ 8. If stolen property come into the custody of a justice of the peace, or other
magistrate, upon satisfactory proof of the title of any owner thereof, it shall be
delivered to him, on the payment of the necessary expenses incurred in the pres-
ervation thereof, to be certified by such magistrate.
§ 9. If the property stolen shall not have been delivered to the owner thereof,
the court, before which a conviction shall be had for the stealing such property, may,
on proof of the ownership of any person, order the same to be restored to him, on
payment of the expenses incurred in the preservation thereof.
PRACTICE AND PROCEEDINGS IN CRIMI>NAL CASES. 501
§ 10. If stolen property shall not be claimed by the owner, within six months
from the time any person shall have been convicted of stealing the same, the
court, or magistrate, authorized by the preceding provisions to order a restoration,
may order the same to be sold, and the proceeds of the sale, after payment of the
expenses of the preservation and sale of the property, shall be paid into the coun-
ty treasury for the use of the county.
§ 11. If the thing stolen be a living animal, or property of a perishable nature,
the court, or magistrate, authorized to order a restoration, may order a sale thereof,
and the proceeds shall be applied ia the same manner as herein-before directed in
respect to such stolen property.
§ 12. In all cases of sale, as specified in the last section, a particular description
of the property shall be made out in writing, and filed with the court or the officer
making the order of sale, so that, the owner may identify the same, if he shall claim
the proceeds within the time before limited for making his claim.
§ 13. Warrants authorized by law to be issued in any criminal case, may be un-
der the hand of the magistrate issuing the sam,e, and shall be as valid and effectual)
in all respects, as if sealed.
§ 14. All recognizances required or authorized to be taken in any criminal pro-
ceeding, in open court, by any court of record, shall be entered in the minutes of
such court, and the substance tliereof shall be read to the person recognized ; all
other recognizances in any criminal matter or proceeding, or in any proceeding of
a similar nature, shall be in writing, and shall be subscribed by the parties to be
bound thereby.
§ 15. Every officer, or other person, who shall have arrested, or have in his cus-
tody, under the authority of the laws of this state, any prisoner who is to be con-
veyed from one county to another, he may carry such prisoner through such parts
of any county as shall be in the ordinary route of travel, from the place where
such prisoner shall have been arrested, to the place where he is to be conveyed
and delivered, under the process or authority by which such prisoner shall have
been arrested, or is detained.
5 16. The officer or person having such prisoner in charge, shall not be liable to
arrest, on civil process, while on his route; and he shall have the like power to re-
quire any person to aid in securing such prisoner and re-taking him, if he escape,
as sheriff or other officers have in their own county, and a refusal or neglect to
render such aid shall be an offence punishable in the same manner as for disobedi-
ence to a summons to assist in the execution of pi'ocess.
5 17. The jailer of every county, through which such prisoner may be taken, is
required to receive and safely keep such prisoner in the jail of which he has charge,
when thereto requested by the officer or person having lawful charge of such pris-
oner, and to re-deliver him on demandof such officer or person.
§ 18. Whenever the governor of this state shall demand a fugitive from- justice,
from the executive of another state or territory, and shall have received notice that
such fugitive will be surrendered, he shall issue his warrant, under the seal of the
state, to some messenger, commanding him to receive such fugitive and convey him
302 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
to the sheriif of the county in which the offence was committed, or is by law cog-
nizable.
} 19. The expenses which may accrue, under the last section, being first ascer-
tained to the satisfiiction of the governor, shrill, on his certifiicate, be allowed and
paid out of the state treasury, as other demands against the state.
§ 20. If any person charged with, or convicted of, a felonj, shall break prison,
«scape, or flee from justice, and abscond, or secrete himself, the governor of this ■
state, may, if he deem it expedient, offer any reward, not exceeding thr^e hundred |
-dollars, for the apprehension and delivery of such person, to the custody of such
sheriff, or other officer, as he may direct.
§ 21. When any person shall apprehend and deliver such fugitive to the proper
sheriff or officer, he shall take his certificate of such delivery, and the governor, on
the production of such certificate, shall certify the amount of the claim to the audi-
tor of public accounts, who shall draw on the treasury for the same.
§ 22. In all cases in which the governor is authorized, by the constitution, to grant
pardons, he may grant the same with such conditions, and under such restrictions,
as he may think proper.
§ 23. Any person may be prosecuted, tried and punished, for any offence pun-. I
ishable with death, or by imprisonment in the penitentiary during life, at any time
after the offence shall be committed. ,
§ 24. No person shall be prosecuted, triedorpunished, for any felony, (other than I
as specified in the last section) unless an indictment for such offence be found with-,
in three years after the commission of the offence.
§ 25. No person shall be prosecuted, tried or punished, for any offence (other
than felony) or for any fine or forfeiture, unless the indictment be found, or a pros-
ecution instituted, within one year after the commission of the ofl'ence, or incurring
the fine or forfeiture.
§ 26. Nothing contained in the two preceding sections shall avail any persoa
who shall flee from justice ; and in all cases, the time during which any defendant
shall not have been an inhabitant of, or usually resident within, this state, shall not
constitute any part of the limitation prescribed in the preceding sections.
§ 27. Where any indictment or prosecution shall be quashed, set aside or revers-
ed, the time during which the same was pending, shall not be computed as part of
the time of the limitation prescribed for the offence.
ARTICLE X.
Of the custody and management of the estates of convicts^
Bec. 1. Convicts Imprisoned for life, estate, how administered.
2, & 3. Imprisoned for less than life, trustee may lie appointed; proceeding.
4. Trustee to take oath and give bond for tlie discharge of his duties; its contents.
5. Trustee may be removed and another appointed; when.
6. Upon taking oath and tiling bond, property of convict vested in trustee, in trust, ^-c.
7. Power of trustee to sue and defend suits, 4'c.
8. Court appointing trustee, may order sale, lease, or mortgage of real estate, and hiring of slaves; w.hm.
9. Power and duty of trustee to settle accounts between convict and hla creditors; proceedings.
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 503
Scc.lO. What further dulies may be performed by trustee, under the direction of the court.
11. Trustee, on his appointment, to give notice; its requisitions.
12. Notire, wlien and how to lie published.
13. Power of trustee in certain cases, notwitl:standing such notice.
14. Controversy between trustee and creditor or debtor of such estate, may be referred; how,
15. Court to appoint referees in certain cases; their powers, duties, compensation, {^c.
16. Trustee to convert property into money; to lieep regular accounts, &.C., subject to inspection.
17. Trustee to make annual settlements; dividends declared by court to creditors.
18. Creditors having claims not due, to receive their proportion by rebating interest, &c.
19. Mutual credits may be set off in certain cases.
20. Suits pending for demands, portions to be reserved, to abide event of such suit.
21. When dividends are ordered, trustee to give notice; liow dividends to be paid.
22. Portions of estate may be set apart for maintenance of family, education of children, Sfc; when
23. When convict shall be lawfully discharged, proceedings of trustee to deliver up estate, tc
24. Duty of trustee if convict shall die.
25. Transfers and settlements required by the two preceding sections, how enforced-
26. Compensation of trustee.
§ 1. Whenever any person shall be imprisoned in the penitentiary, under a sen-
tence of imprisonment for life, his estate, property and effects, shall be administer-
ed and disposed of in all respects as if he were naturally dead.
§ 2. Whenever any person shall be imprisoned in the penitentiary for a term
less than his natural life, a trustee, to take charge of, and manage his estate, may be
appointed by the circuit court of chancery of the county in which such convict
last resided, or if he have no known place of abode, then by the court of the coun-
ty in which the conviction was had, on the application of any of his relatives, or
any relative of his wife, or any creditor.
§ 3. Upon producing a copy of the sentence, duly certified, and satisfactoryevi-
dence that such convict is actually imprisoned under such sentence, the court to
which the application shall be made, may immediately appoint a fit person to be
trustee of the estate of such convict.
§ 4. Every such trustee, before entering upon the duties of his office, shall take
an oath, faithfully to discharge the duties thereof, and give bond in such sum, and
with such security, as the court shall approve, conditioned, that he will manage and
administer the estate and effects, committed to his charge, to the best advantage, ac-
cording to law, and will faithfully do and perform all such other acts, matters and
things, touching his trust, as may be prescribed by law, or enjoined on him by the
order, sentence or dexiree of any court of competent jurisdiction.
§ 5. The court appointing such trustee, shall have a superintending control over
him, and may, at any time, compel him to account, may remove him from his ti^ust,
for misconduct, and may appoint another person in his stead, whenever it may be-
come necessary.
§ 6. Upon taking the oath, and filing the bond, required by this act, all the estate,
property, rights in action, and effects of such imprisoned convict, shall be vested in
such trustee, in trust for the benefit of creditors and others interested therein.
§ 7. Such trustee may sue for and recover, in his own name, any of the estate,
property, or effects belonging to, and all debts, and sums of money due, or to be-
come due, to such imprisoned convict, and may prosecute and defend all actio&s
commenced by, or against, such convict.
504 PRACTICE AND PROCEEDINGS IN CRIMINAL CASES.
} 8. The circuit court of chancery, appointing any such trustee, may, at any
time, order the sale, lease or mortgage, of real estate, the hiring or sale of slaves,
whenever the same shall be necessary for the payment of debts, or the support and
maintenance of the family, or the education of the children of such convict, and
in every such order shall direct the manner and terms of sale, or other disposition
to be made.
i 5 9. The trustee shall settle matters and accounts betw^een such imprisoned con-
»vict and his creditors, and may examine witnesses touching such matters and ac-
counts, upon oath, to be administered by him ; he may, under the direction of the
court, compound with any person indebted to such imprisoned convict, and there-
upon discharge all demands against such person.
( 10. Such trustee may, also, under the direction of the court, redeem all mortga-
ges and conditional contracts, and all pledges of personal property, and satisfy
judgments and decrees, which may be an incumbrance on any property ordered to
be sold, or he may sell such property, Subject to such mortgages, pledges or incum-
brances, as the court shall direct.
§ 11. The trustee, immediately upon his appointment, shall give notice thereof»
and therein shall require,
First, AW persons indebted to such imprisoned debtor, by a day, and at a
place therein to be specified, to render an account of all debts and
sums of monies by them owing, respectively, to such trustee, and to
pay the same.
Second, All persons having in their possession any property and effects of
such convict, to deliver the same to the trustee so appointed.
Third, All creditors of such convict, to deliver their respective accounts and
demands to the trustee, by a day, to be therein specified, not less than
two months from the first publication of such notice.
§ 12. Such notice shall be published, for at least three weeks, in some newspaper
printed in, or nearest to, the county in which the appointment was made.
§13. Notwithstanding such notice, the trustee may sue for, and recover any
property and effects of the convict, and any debts due to him, at any time before
the day appointed for the delivery or payment thereof.
§ 14. If any' controversy shall arise between the trustee and any other person,
in the settlement of any demands against such convict, or of debts due to his
estate, the same may be referred to three disinterested persons, who may be agreed
upon by a writing to that effect, signed by the trustee and the other party.
§ 15. If such referees be not selected by agreement, they may be appointed by
the court, on the application of either party, due notice of the application being
given to the other; and such referees shall have the same powers, and be subject to
the like duties and obligations, and shall receive the same compensation, as referees
appointed by the circuit courts, in personal actions pending therein.
§ 16. The trustee shall, as speedily as possible, convert into money so much of
the estate, real and personal, as shall be necessary for the purposes of the trust; he
shall keep regular accounts of all money received, and other matters touching his
PRACTICE AND PROCEEDINGS IN CRIMINAL CASES. 505
trust, to which creditors, and others interested, shall be at liberty at reasonable times
to have recourse.
§ 17. The trustee shall annually, at such term as the court shall direct, make a
full report of his proceedings to the court, and a full settlement of his accounts, and
the court shall thereupon declare the dividends to be made among the creditors.
§ 18. Every person to whom such convict shall be indebted for a valuable con-
sideration, for a sum of money not due, but payable afterwards, shall receive his
proportion with other creditors, after deducting a rebate of legal interest upon the
sum to be distributed, for the time unexpired of such credit.
§ 19. Where there are mutual credits between the convict and any other person»
they may be set off against each other, but no set-off shall be allowed of any claim
or debt which shall have been purchased by,- or transferred to, the person claiming
its allowance, after the conviction of the debtor.
{ 20. If at the time a dividend fs made, a suit is pending to establish any demand*
the proportion which would be allotted to such demand, if established, shall be re-
served, with the necessary cost and expenses, to be applied according to the
event of such suit.
{ 21. When any dividend shall be ordered by the court, th6 trustee shall immedi-
ately cause a notice thereof to be published, as before directed in relation to notices
of their appointment, and shall make payments according to the order of the court.
4 22. The court shall have power, from time to time, to make, and cause the trus-
tee to execute, orders for the application of any portion of the proceeds of estates
in their hands, for the support and maintenance of the family of such convict, and
the education of his children, and to set apart, and reserve to the use of such fam-
ily, any property, real or personal, when it may be done without prejudice to the
rights of creditors
j 23. Whenever any such imprisoned convict shall be lawfully discharged from
his imprisonment, the trustee, so appointed, shall deliver up to him all his estate, real
and personal, and all money belonging to him remaining in his hands, after deduct-
ing a sufficient sum to satisfy expenses which may have been incurred in the exe-
cution of the trust, and his lawful commission.
§ 24. In case of the death of such convict, the trustee shall, in like manner, ac-
count with the personal representatives, and deliver to them the property and
effects remaining.
§ 25. The transfers and settlements to be required to be made by either of the
two preceding sections, may be enforced by the court in a summary manner, on the
application of the party intei'ested.
} 26. The trustee shall be allowed, as a full compensation for his services, a com-
mission at the rate of five per cent, on the whole sum which shall have come into
his hands by virtue of his trust.
Approved^ March 2\st, 1835.
65
506 PRACTICE IN CAANCERY.
PRACTICE IN CHANCERY.
A:n act to regidaic the practice hi courts of chancery
ART. I. Of the commencement of suits, the service and return of process.
ART. II. Of the pleadings and cxliibits, and proceedings thereon.
ART. III. Of tha issues, trial, and tlie incidents thereto.
ART. IV. Of the commissioner, Iiis duty, report and proceedings thereon.
ART. V. Of the abatement of suits by death, marriage, or otherwise, and the revival thereof.
ART. VI. Of the decree, and subsequent proceedings thereon.
ARTICLE I.
Of the commencement of suits, the service and return of jrrocess.
S«c. 1. Jurisdiction of courts of clianccry; how to proceed.
2. Suits, in what county to be brouglit.
3. In commencing fuit, bill setting forth the complaint, to be filed in the clerk's office.
4. Clerk to issue summons; to whom directed, when returnable, &.c.
5. Several defendants residing in different counties, summons, how issued.
6. Summons accompanied by separate copy of the bill, how executed.
7. Part, or all of defendants non-residents, order notifying them of commencement of suit, when, and Iiow mndc.
8. Part of defendants residents, process liow issued against them.
9. When sheriff returns, that defendant cannot be found, court to make an order as in case of nonresidents.
10. Defendants names unknown, how made parties.
11. Order against non-resident, absent, or unknown defendants, when, and how publislicd.
12. Several defendants, some summoned or notified, others not, how complainant may proceed.
13. Copy of bill, with notice of suit, may be served on a known defendant without this state; when.
14- Such service may be made by whom; how proved to be effectual, &c.
Beit enacted hy the general assembly of the state of Missouri, as follows:
§ 1. In all cases where adequate relief cannot be had in the ordinary course of
proceeding at law, the several courts of this state, having chancery jurisdiction,
shall have power to proceed therein according to the rules, usage and practice o^
courts of equity, and to enforce their decrees by execution, or in any other manner
proper for a court of chancery.
} 2. Suits in equity concerning real estate, or whereby the same may be affected,
Shall be brought in the county within which such real estate, or a greater part there-
of, is situate-, and in other cases, in the county within which the defendants, or a
majority of them, if inhabitants of the state, reside; or if all the defendants are not
residents, then in any county.
\ 3. Every person commencing a suit in equity, shall file, in the office of the clerk
of the proper court, a bill, setting forth the nature of his complaint.
} 4. The clerk shall thereupon issue a summons returnable to the next term,
and directed to the sherift' of the county in which the defendants reside, if resident
in this state, requiring hiin to summon the defendants to appear and answer to the
bill on the return day thereof.
§ 5. When there are several defendants residing in different counties, a separate
•">mmons shall be issued to each county, including all the defendants residing therein*
PRACTICE IN CHANCERY. 507
§ 6. Every summons shall b3 accompanied by a separate copy of the bill, and
the service shall be by reading the bill and writ to the defendant, or delivering him
a copy thereof, or by leavmg such copy at his usual place of abode, with some white
person of his family above the age of fifteen years. The copy accompanying the
summons, shall be delivered to, or left at the place of abode of, the defendant, who
shall be first summoned.
§ 7. If any complainant, or any person for him, shall file with his bill an affidavit,
stating that part or all of the defendants are non-residents of the state, the court, or
clerk in vacation, shall make an order directed to the non-resident defendants, noti-
fying them of the commencement of the suit, and stating fully the substance of
the allegations and prayer of the bill, and requiring them to appear on a day to be
therein named, allowing sufficient time for publication, and answer the bill, or that
the bill will be taken as confessed.
§ 8. If in such case^ part of^the defendants are residents of the state, process
shall be issued against them as in other cases.
§ 9. When a summons shall be issued against any defendant, and the sheriff to
whom it is directed shall make return that the defendant cannot be found, the court
being first satisfied that process cannot be ser\cd, shall make an order as is required
in the preceding section in case of non-resident defendants.
§ 10. If any complainant shall allege in his bill, that there are, or that he verily
believes there are,'persons interested in the subject matter of the bill, whose names
he cannot insert therein, because they are unknown to him, and shall describe the
interest of such persons and how derived, so far as his knowledge extends, and
shall verify such allegations by affidavit to his bill annexed, the court or the judge,
or clerk thereof in vacation, shall make an order as in case of residents, reciting,
moreover, all allegations in relation to the interest.of such unknown parties.
5 11. Every order against non-residents, absent or unknown defendants, shall be
published in some newspaper printed in this state, for eight weeks successively, the
last insertion to be at least four weeks before the commencement of the term at
which the defendants are required to appear.
§ 12. When there are several defendants, some ofv.homdo not appear, and are
neither summoned nor notified, the complainant may proceed against those, if any^
who do appear, or are summoned or notified, and dismiss his bill as to the others; or
he may continue the cause and proceed to bring in the other defendants, by process
or publication, as tlie case may require.
§ 13. The complainant may cause a copy of the bill, with a notice of the suit, to
be delivered to any known defendant residing or being without this state, at any
place Vv'ithin the United States or their territories, two months before the com-
mencement of the term at which such defendant is required to appear.
5 14. Such service may be made by any free white person above the age of
twenty-one years, who is a competent witness,in the cause, and being proved by
the affidavit or deposition of such person, shall be as effectual as the service of a
copy of the bill and suii.mons within this state, under the provisions of this act.
508 PRACTICE IN CHANCERY.
ARTICLE II.
Of the pleadings and exhibits, and ])rocee4ings thereon,
Szc. 1. Exception, plea, demurrer, or answer, when to be filed; on failure, bill to be taken as confessed.
2. No exceptions or plea, after interlocutory decree, decree may hp get aside, when, and answer or demurrer fiJed.
3. Exceptions, when to be argued, and proceedings thereon.
4. Several matters may be plead to the same bill; when, how, ^c.
5. Costs, by whom to be paid, if plea be found for defendant, or pIsa found against defendant; answer to he filed,
or bill taken for confessed-
B. Demurrers, when to be argued, and proceedings thereoc.
7. Answers, how made, and to be on oath.
8. Defendant may exhibit interrogatories to complainant, which shall be answered, &c^- proceedings thereon.
9. Affidavits required to verify bill or answer, how, and by whom taken and certified.
10- Exceptions to answer, and interrogatories of defendant, when to be filed, and how disposed of.
11. Answer adjudged insufficient, further answer to be filed; proceedings.
12. If such answer be adjudged insufficient, defendant to pay double costs, and file answer instanter.
13. Third answer filed, adjudged insufficient, no further answer allowed; bill taken as confeBsedj &e.
14. Bill not to be dismissed after cross bill filed.
15. Complainant compelled to file answer to interrogatories; when.
16. Pleas and demurrers, when to be disposed of.
17. Replications to be general; when to be filed.
18. When replication is filed, cause to be at issue; s'and for hearing at nfext term.
19. Replication not filed, cause set for hearing on bill and answer; effect of answer as eridence.
20. Answer not conclusive, if replication filed.
21. If either party rely on any record, deed, or Other writing, substance to be stated, tec; proceeding in such caae.
22. Where deed or writing relied on cannot be produced^ how to proceed.
23. Power of court to make order tp compel production of books, pap'ers, &c., material in a cause.
24. Either party failing to comply with such order, proceedings.
25. Pleadings to bo signed, and time of filing endorsed.
26. Time of filing pleas, answers, &c., may be extend,ed; amendments to bills. Ice, may be made.
27. Exhibits to be marked, numbered, and filed.
28. Original deeds, Slc, filed as exhibits, to rencain on file; how long, and how withdra.wn.
} 1. Every defendant, who shall be summoned or notified according to the pro-
visions of this act, shall file his exceptions, plead, demur or answer to the bill, within
the first six days of the term at which he is required to appear, if the term shall so
long continue, and if not, then before the end of the term, unless further time be
given by the court; and if he fail so to do, the bill may be taken as confessed, and
an interlocutory decree entered accordingly.
( 2. No exceptions or plea shall be filed after an interlocutory decree, but if the
defendant appear within the first six days of the next term after such decree is
entered, and shew good cause for not before appearing, the decree may be set aside,
and the defendant allowed to file his answer or demur to the bill.
§ 3. Exceptions to a bill, when filed, shall be argued and determined without delay;
if any are allowed, the complainant shall pay costs, and the defendant shall plead,
demur or answer the residue of the bill; but if all are overruled, the defendant shall
pay costs, and plead, answer or demur to the -whole bill imnjediately.
§ 4. Defendants may plead as many several matters to a bill, or any part thereof
as ihey shall think proper, so that they do not plead and demur, or plead and an-
swer to the same part of a bill, except, that where by the rules and practice in
PRACTICE IN CHANCERY. 509
chancery, an answer is necessary to support a plea, such answer may be filed with
he plea.
{ 5. If a plea be found for the defendant, or such plea be allowed, the complain-
ant shall pay costs; but if the matter of a plea be found against the defendant, or
the plea be overruled, he shall pay costs, and no other plea shall be filed,
and he shall answer the bill, or, in default, the part unanswered shall be taken as
confessed.
^ 6. Demurrers shall be considered and determined without delay, and if sustain"
ed in whole or in part, the complainant shall pay costs; if overruled, the defendant
shall pay costs, and shall file his answer instanter, or, in default thereof, so much of
the bill as remains unanswered shall be taken as confessed.
j 7. Every defendant shall answer fully all allegations and interrogatories of the
complainant, except such as are not required to be answered by reason of excep-
tions, plea or demurrer thereto allowed^ and the answer shall be verified by oath or
affirmation.
§ 8. Any defendant, afterfiling his answer, may exhibit interrogatories to the com-
plainan t, which shall be answered by him specially, on oath or affirmation, unless ex-
cepted to, and the exceptions allowed; and the complainant's answer shall be evi-
dence in the cause, in the same manner as the defendant's answer. In default of
answering such interrogatories, the bill may be dismissed.
§ 9. Affidavits, when required to verify a bill or answer, may be taken before, and
certified by the clerk of, the court in which the suit is pending, or some judge or
justice of the peace, the official character of such officer (if not of this state) being
attested by the seal of the state, territory, kingdom or empire, of which he is an
officer, or the seal of some court of record within the same.
§ 10. Exceptions to the answer and interrogatories of the defendant may be
filed within four days after the filing the answer or the interrogatories, and not
thereafter, and when filed shall be considered and determined, without delay; if
overruled, the complainant, if allowed, the defendant, shall pay the costs.
§ 11. When an answer shall be adjudged insufficient, the defendant shall file a
further answer, within such time as the court shall direct, and in default thereof the
bill shall be taken as confessed.
§ 12. If such answer be filed and adjudged insufficient, the defendant shall pay
double costs, and answer fully instanter, or, in default thereof, the bill shall be taken
as confessed.
§ 13. If a third answer be filed and adjudged insufficient, the defendant shall pay
treble costs, and no further answer shall be filed, but the bill shall be taken as
confessed.
§ 14. No complainant shall be allowed to dismiss his bill, after a cross bill, with-
out the consent of the defendant.
§ 15. The complainant shall not be compelled to file his answer to any cross
bill, or interrogatories exhibited by the defendant, until the defendant shall have
filed a sufficient answer to the complainant's bill.
510 PRACTICE IN CHANCERY.
§ 16. All pleas and demurrers shall be disposed of before proceeding on the
defendant's answer.
§ 17. Replications shall be general, Avith the like advantages to all parties as if
special, and shall be filed within four days after answer, or at any time before tlie
cause is set for hearing on bill and answer.
§ 18. When a replication is filed, the cause shall be deemed at issue, and stand
for hearing at the next term.
5 19. If the replication be not filed within four days after answer, the cause may
be set for hearing on bill and answer, in which case the answer shall be taken as
true, and no evidence shall be received, unless it be matter of record referred to
in the answer.
§ 20. When a complainant shall seek a discovery respecting the matters charged
in the bill, the disclosure made in the answer shall not be conclusive, but, if repli-
cation be filed, may be contradicted or disproved as other testimony, according to
the practice of courts of equity.
5 21. If either party shall rely on any record, deed or other writing, the substance
thereof shall be stated in his bill, answer or plea, in the same manner as is required
in pleading at law, and he shall file with tlie bill, answer or plea, as exhibits, an
authentic copy of such record, and the original deed and writing so set forth, if in
his power.
§ 22. If either party cannot produce a deed or writing relied on by him, he shall
so state in his bill, answer or plea, together with the reasons why he cannot pro-
duce the same, and if such reasons be sufficient, he may file the best evidence in his
power, of the contents of such deed or writing.
§ 23. The court shoJl have power, upon sufficient cause shewn by affidavit^due
notice of the application being given, to require the parties, or either of them, to
produce books, deeds, or writings in their power, which are alleged to contain evi-
dence, pertinent to the matter in controversy.
§ 24. If either party shall fail to comply with such order, and shall not satisfy
the court that it is not in his power to produce the books, deeds or writing, the
court may take the allegations in relation to the books, deeds and writing not pro-
duced, as confessed, or may proceed against the party in default by attachment.
5 25. All bills, petitions, answers, exceptions, pleas, demurrers, replications and
other pleadings, shall be signed by the party filing them, or his solicitor, and the
clerk shall endorse thereon the date of the filing, and, if in term, note the same on
the minutes.
§ 26. The courts may extend the time for anwering, replying, pleading or de-
murring, upon good cause shewn, and may allow parties to amend their bills, peti-
tions, answers, pleas and replications, on the payment of costs, and on such other
terms as the court may think proper, so that the other party be not surprized or un-
reasonably delayed thereby.
§ 27. The parties shall carefully mark and number all papers and documents, re-
lied on in any cause, and file the same as exhibits, and such papers and documents
PRACTICE li\ CPIANCERY. 5 , ^
shall not be deemed or made a part of the pleadmgs or record in the cause, but
may be used as evidence at the ]iearing,if proved or admitted.
§ 28. Original deeds and other writings, relied on by either partv and filed as
exhibits, shall remain on file for the inspection of the other party, until thp cause
IS at issue or set for hearing, when they may be withdrawn, copies being substituted
by the party who filed the same.
ARTICLE III.
Of the issues, trial, and the incidents thereto.
Sec. I
Before licarin;; of a cause at issue, each party to set .lou-n, distinctly, allegations made. &c.; proceedings
2. Cause wlien to be tried; testimony to be confined to the issues n.ade under the preceding section.
3. Docket of causas to be made out and l<ept by the clerk.
4. List of causes, time for trial, &c., to be set up in clerk's office.
5. All issues and matters of fact, how tried; wlien, and how disposed of.
6. New trial may be ordered; wlien.
7. Testimony, how taken.
8. Rules of evidence.
9. Bills of e.vccptions allowed, &c.
§ 1. Within such time as the court shall by rule require, before the hearing of a
cause at issue, each party shall set down, distinctly, the allegations made by him
and denied by the other party, or which, by the course of proceeding in chancery,
he IS required to support by his testimony, and issues shall be made thereon accor-
dingly.
§ 2. All causes shall be tried, heard and determined, at the term next after they
are set for hearing, or put at issue by replication, unless good cause be shewn for a
continuance, and at the hearing, the testimony shall be confined to the issues made
up, as required by the preceding section.
§ 3. The clerk of each court of chancery shall, before the commencement of
each term, make out a docket of all causes pending, in the order in which they
stand in the course of prof.eeding, noting, briefly, the previous steps taken, each
cause and the state of the pleadings, and shall, if necessary, set the causes for trial,
hearing or argument, on several days, assigning a due proportion to each day.
§ 4. The clerk shall also make out a list of oil causes pending at each term, spe-
cifying the day on which they are set for trial, hearing or argument, and shall keep
such list set up, conspicuously, in his ofiice, for thirty days before, and during the
term, for the information of parties and their solicitors, and shall, from time tolime?
issue subpoenas for witnesses, and commissions to take depositions, when required.
§ 5. The trial of all issues and matters of fact shall be by jury, or if neither par-
ty require a jury, by the court, and the allegations put in issue shall be disposed of
by a general or special verdict, before a final-decree shall be made, except such as
shall be expressly decided by the court to be immaterial or irrelevant to the merits
of the cause.
\ 6. The court may award a new trial of any issue, upon good cause shewn, but
not more than one new trial of the same issue shall be granted to any one party.
§ 7. The parties, respectively, may examine witnesses in open court, or take
512 PRACTICE IN CHANCERY.
depositions, where they are now permitted by law, or the court may direct the
whole of the testimony to be taken in writing, in which case the parties shall pro-
ceed as required by law in taking depositions.
§ 8. The rules of evidence shall be the same in chancery as at law.
§ 9. Exceptions may be taken to the opinions of the court, during the progress
of any cause or trial of an issue in chancery, and bills of exception shall be allow-
ed, signed, sealed, and made a part of the record, in the same manner, and with the
like effect, as at law.
ARTICLE IV.
Of the commissioner, his duty, report and proceedings thereon*
Bkc. 1. Commissioner to be appointed; his duties.
2. Special commissioner may be appointed; when.
3. Commissioner io take oath before entering on his duties.
4. Proceedings before commissioner, how conducted.
5. Power of commissioner to adjourn sittings, summons and compel attendance of witnesses, and adininiater oaUi»
6. Depositions may be read before commissioner.
7. Testimony taken, and exceptions to testimony to be reported.
8. Keport,when and how made.
9. Exceptions to report, when to be filed; how proceeded on.
10 & 11. Notices required to be given by commissioner, and subpoenas, how and by whom served.
§ 1. Each court of chancery may appoint a commissioner, whose duty it shall
be to audit and adjust all accounts referred to him, and to take testimony when therer«
to required, and make report thereon according to the order of the court.
§ 2. When the commissioner is of kin to either party, or is interested in any
cause or where it may be necessary or proper, a special commissioner may be ap-
pointed.
\ 3. Everv commissioner, before entering upon the duties of his appointment,
shall take an oath, that he will faithfully and impartially perform his duties as com-
missioner.
§ 4. When any matter shall be referred to a commissioner, or he is required to
take testimony in a cause, he shall appoint a time and place for proceeding therein,
and give notice thereof, in writing, to both parties, or their solicitors, and if either
party, being notified, shall fail to appear, he shall proceed exparie.
5 5. The commissioner may adjourn his sittings from time to time, issue subpoe-
nas for witnesses, and attachments to compel the attendance of such as, being sum-
moned, fail or refuse to appear. He shall have power to administer oaths, exam-
ine witnesses, and commit such as refuse to testify.
§ 6. Depositions regularly taken in the cause, may be read in evidence before
the commissioner. When accounts are referred to him, which, together with the
other testimony, being heard, he shall state the account truly, according to his opin-
ion, and, if the parties required it, also according to the views of each of them.
§ 7. All testimony taken before a commissioner, shall be reduced to writing, anc
if either party shall except to the competency of a witness, or the admission or ex-
PRACTICE IN CHANCERY. 613
elusion of evidence, the commissioner, if required, shdl state the particulars of the
exception in his report.
§ 8. The commissioner shall in all cases report as speedily as possible, reciting
the order of the court, and shewing the notice to the parties, the time and place of
stating the account or taking the testimony, and all other proceedings had, and re-
turn the same, together with the testimony taken, to the court. ^' .
$ 9. All exceptions to the report of the commissioner shall be in waiting, "and
filed within four days, in term, after the report is filed, and shall be argued without
delay. If exceptions are allowed, the matter may again be referred, v^ith instruc
tions, if necessary, but if the report is affirmed, the court shall proceed thereon ac^
cordingly.
§ 10. All notices required to be given by the commissioner, or others, in the pro-
gress of a cause, shall be served by reading the same, or delivering a copy to the
person to be notified, and may be served by the sheriff, or other ofhcer authorized
to serve process, whose return shall be evidence of the facts therein stated.
^ 11. Such notices, and all subpoenas for witnesses in any cause, may also be serv-
ed by any free white person, being a competent witness in the cause, and the affi-
davit of such person shall be received as evidence of the facts stated, relating to
the service.
ARTICLE V.
Of the abatement of suits by death, marriage or otherwise, and the revival thereof.
Sec. 1. Suits not to aliate br doatli of complainant or defendant, but to proceed against surviving parties; wlien.
2. Not to abate by deatli of one or more complainants or defendants, but to proceed against survivor; when.
3. If all plaintiffs or defendants die, suit may be revived by or against legal representatives.
4 to 9- Proceedings to bring in representatives of deceased defendant.
10. Representatives of deceased plaintiiT, liow made a party; may, if necessary, amend tlse bill.
11. Amended bill to he answered; cause to proceed as in otl.er cases.
12. Representatives not appearing, how surviving com;)lainant may proceed,
13. If there be no surviving complainant, and the representatives do not appear, how to proceed.
14. When court may order suit to be revived in the name of such representatives, or dismiss the bill as to them.
15. Vk'hen court may order suit to stand revived against representatives of deceased defendant.
IG- llow surviving defendant may proceed against such representatives; proceedings.
17. In what cases and when suit to abate on account of representatives of deceased plaintiiT or defendant not
made parties.
18. Husband to be made plainti.T or defendant with his wife to a suit, on his application; how and when.
19. Hns'.iand to be made party with his wife on the application of any other parlies to the suit; how and when, ^-c.
20. Suit against public oincer, trustee, &c., not to abate, but may be revived against his successor; how, when, &c.
21. Construction of this act in relation to bringing in representatives of deceased parties.
22. Representatives and others not bound by decree, where they are not parties.
§ 1. When the cause of action shall surviv^e, no suit in chancery shall abate by
the death of one or more complainants or defendants, but such death being sugr
gested and shewn to the satisfaction of the court, the suit shall proceed in favor of,
or against the surviving parties.
§ 2. When one or more of the complainants or defendants die, and the cause of
action shall not survive, the suit shall abate only as to the person or persons so
djing, and the surviving parties mav proceed without reviving the suit,
66
514 PRACTICE IN CHANCERY.
§ 3. If all the plaintifis or defendants in a suit in chancery die, the suit shall not
thereby be abated, but may be revived in the name of the legal representatives of
the deceased party.
} 4. No bill of revivor shall be necessary to revive a suit against the representa-
tives of a deceased defendant, but the death being suggested as herein-before pro-
vided, the court, or clerk in vacation, shall, on the petition of the complainant, issue
a summons in the nature of a scire facias, against all persons residing in the state
so to be made parties, and also make the order of publication as to all such as are
non-residents, or whose names are unknown, in the same manner as is provided in
the case of original defendants.
} 5. The summons shall be served and returned, and the order published, in the
same manner and with the like effect, to all intents and purposes, as is required in
cases of summoning or notifying original defendants.
§ 6. If any person so summoned or notified shall not, WMthin such time after ser-
vice or notice of publication as is allowed in the case of original defendants, ap-
pear and put in an answer or disclaimer, the court may cause his appearance to be
entered.
{ 7. In such cases the answer of the deceased party shall be deemed the answer
of such representatives, and if there be no answer, proceeding may be had in all
respects against such person as if he had been originally a defendant, and the court
may, in its discretion, order the bill to be taken as confessed, or compel such repre-
sentatives to answer, by attachment or otherwise.
} 8. If the deceased party shall have ansv/ered, and the surviving party shall
deem it necessary to obtain a further answer from his representatives, the petition
for a revival shall state the matters as to v/hich such further answer is required, and
a copy of such petition shall be annexed to the summons, or the substance stated
in the order of publication against such representatives.
§ 9. In such case, if the reprtiseutaiives shall not appear and put in such further
ansv/er or disclaimer, the petition may be taken as confessed, or the court may
com.pel an answer by attachment or otherwise.
§ 10. Where a complainant shall die, and the cause of action does not survive,
his representatives, on affidavit of such death, and on motion in open court, may be
made complainants in the suit, and be permitted, if necessary, to amend the bill.
§ 11. The defendants may be compelled to ansv/er such amended bill, and the
cause shall proceed to issue and hearing as in other cases.
5 12. When the representatives shall not cause themselves to be made complain-
ants, on or before the first day of the second term after the death is suggested, the
survivinp- complainant may proceed to make them defendants, as in cases where
the representatives of a deceased defendant are made parties.
§ 13. If there be no surviving complainant, or he shall neglect or refuse to pro-
ceed ap-ainst the representatives of a deceased complainant as defendants, the
court, upon the petition of the original defendant, may order such representatives
to shew cause, at a certain day, to be named in the order, why the suit "should not
PRACTICE IN CHANCERY. 515
stand revived in their names, or the bill be dismissed, as far as the interest of such
representatives is concerned.
5 14 If no such cause be then shewn, the court, upon proof of reasonable ser-
vice, o^ publication of such order, may order the suit to be revived m the name ot
such representatives, or dismiss the bill, as to them, with costs or otherwise.
§ 15. If a defendant shall die, and thq cause of action shall not survive, and the
<:omplainant shall neglect or refuse, to procure an order for the revival of the^su.t,
the court may order it to stand revived, upon the petition of the survivmg defend-
ant, ar^ainst the representatives of the deceased party.
§ 16. In such cause, the surviving defendants may proceed against such reprc-
scntatives, in the same manner as a complainant, to comocl the.m to appear, aoide
the answer of the deceased partv, or answer, if an answer be required, or nave
the bill or petition taken as confessed against th.cm, and the court may, m its
discretion, stnv the suit as against him until such proceedings shallhave been had.
§ 17. In aU cases where the representatives of a deceased complamant or de-
fendant shall not be made parties, according to the provisions of this act, on or
before the third term after the suggestion of the death, the suit shall abate as to
such deceased party, and the interest of his representatives therem, and the cause
shall proceed in fuvor of, and a-ainst the survivors; but if in such case, there be'no
surviving complainant or defendant, the suit shall be dismissed.
§ Ig.'lf a female party to a suit marry at any time before a final decree, her
husband mav,on his application, be made a complainant or defendant with her, on
the order of the court in which the suit is pending, or the judge thereof, to be
granted on due proof of the marriage, and after notice to such female parly, and
the other parties to the suit.
§ 19. Such husband may also be made a party with his wife, on the application
of any other parties to the suit by petition, upon proof of the marriage, and notice
to such husband and wife, and the other parties to the suit; but in such case, the
husband may contest all facts in the same manner as if he had originally been made
a party. , . .
§ 20. Vvlien any public officer, trustee, guardian, curator, executor or adminis-
trator, as such, shall be a party to any suit, and shall die, resign, or be removed from
his office or trust, before a final decree, the suit shall not thereby abate, but his
successor may, on his own application, or on the application of any other party to
the suit, be made a party, by the order of the court, in the same manner as the
representatives of a deceased party as herein-before provided.
§ 21. The provisions of this act in relation to the bringing in the representatives
of a deceased party, shall be construed to apply to all persons who may have
become interested in the cause of action by tl;e death of a party.
§ 22. No such representatives of a deceased [)arty, or other person interested
in the cause of action, shall be bound by any order or decree, in any cause to which
they do not become, and are not made, parties.
516 PRACTICE IN CHANCERY.
ARTICLE VI.
Of the. decree and suhscquent proceedings thereon.
tzc. 1,4-2. In wlmt cases, and when final decree may be set aside by bill of review
3. W..en, and in wl.at time, such final decree shall stand absolute, whether notice be given or not.
4 W at shall be shown by the biU of review, and on what conditions such decree shall be sot aside.
5. If the answer be not filed, as in last section, decree made abs .lulc.
6. Sale or conveyance on foreclobure of uiort<'a<»o not 'ifn.<.f,.,i k„ .„..•
iiiori,a„c not adoctcd by setting aside decree; orders of the court in such-
case.
?. Decree passing tiUe to real estate, or personal property, may be made, and writ of possession awarded; when.
8. Decrees for conveyance, release, itc, their effect.
9. Courts, how to proceed to enforce obedience to orders or decrees; may punish offenders as for contempt.
0. In What cases,and how inquiry of damages and decree thereon to be made, in lieu of performance of decree.
11. Appeals allowed to the supreme court, how applied for.
12. When, and within what time, supreme court or judge thereof, may grant an appear
13. When, and in what cases, appeals to operate as a supersedeas.
14. Recognizance, how and by whom entered into; its condition.
§1. When any interlocutory decree, taking a bill as confessed, shall be marfe,
and a final decree entered thereon against any defendant who shall not have been
summoned as required by this act, and who shall not have appeared to the suit, or
have been made a party as the representative of one who shall have been sum-
moned or appeared, such hnal decree may be set aside, if the defendant shall,
withm the time hereinafter limited, appear, and by bill of review, verified by affi-
davit, shew good cause for setting aside such decree as against equity.
§ 2. II the complainant shall, at any time after such final decree, serve the de-
fendant, within any of the United States or the territories thereof, with notice of
the suit and the decree the.-eon, and such defendant shall not, within one year after
such service, bring his bill of review, the court, on proof of the service of such "
notice, shall make an order that the decree stand absolute.
§ 3 If such bill of review be not filed within five years after such final decree
IS rfende^6d,.lM>*«i^. shall stand absolute, whether notice thereof be given or not-
t^§ 4.nNo such A^0ee shall be set aside, unless the bill of review either show, that
there is no equity in the original bill, or contain such denials or allegations as
amount to-a defence to'tlie merits, and then only on condition that the defendant
answer the bill withiti a reasonable time, to be ordered by the court
- § 5. Jf the answer is filed within the time so limited, the cause shall proceed as
In other cases, il not, the decree shall be made absolute.
§•6. No sale or conveyance upon a bill for the foreclosure or satisfaction of a
mortgage, regularly made by a court of chancery, shall be afi^cted or prejudiced
by the setting aside any decree on the appearance of a defendant, as herein-before
provided; but the court may, in such case, decree an account for all monies re-
ceived by the complainant, by virtue of such decree, over and above the amount
justly due h.m, with costs, if the equity of the cause require it.
§ 7. In all cases where the court may decree the conveyance of real estate, or
the de ivery of personal property, they may, by decree, pass the title of such
property, without any act to be done on the part of the defendants, when in their
PRACTICE IN CHANCERY. 517
judgment it shall be proper; and may issue a writ of possession, if necessary, to
put°the party entitled into possession of such real or personal property, or may
proceed by attachment or sequestration.
5 8. Where an unconditional decree shall be made for a conveyance, release or
acquittance, and the party required to execute the same shall not comply therewith,
the decree shall be considered and taken to have the same operation and effect,
and be as available, as if the conveyance, release or acquittance had been executed
conformably to the decree.
§ 9. Courts of cliancery may proceed by attachment against all persons who
refuse obedience to any lawful order or decree, and may punish the offender by
fine and imprisonment, as for a contempt, and, if necessary, proceed by sequestra-
tion for disobedience of any decree.
§ 10. When complete justice cannot otherwise be done, such courts may, on
the petition of the party entitled to the benefit of a final decree, cause an enquiry
to be made by a jury of the amount of damages which ought to be paid in lieu of
the performance of the decree, and may render a decree for the damages so as-
sessed, and award execution thereon.
§ 11. If any person shall deem himself aggrieved by any final decision, order or
decree of any circuit court of chancery, and such person pray an appeal to the
supreme court, during the term at which the decision, order or decree is made,
such appeal shall be granted by the circuit court.
§ 12. The supreme court, or any judge thereof, upon inspection of the record,
may grant an appeal by special order for that purpose, at any time within two
yeers after the making the final decision, order or decree in the cause.
13. The appeal, when the appellant is not an executor or administrator, guar-
dian or curator, suing or sued as such, shall not operate as a stay of proceedings,
unless a recognizance be entered into before the supreme or circuit court, or a
judge or clerk°hereof, and filed in the oflice of the clerk of the circuit court.
§^^14. Such recognizance shall be entered into by the appellant, or some respon-
sible person for him, with one or more sufficient securities, to bo approved by the
court or judge granting the appeal, in a sum sufficient to secure the performance of
the decree, and all costs and damages, if affirmed, conditioned that the appellant
shall prosecute his appeal, and shall perform such decree as shall be made by the
supreme court therein, and pay all damages and costs which may be adjudged
agamst him.
Approved, March 7th, 1835.
518 PRACTICE IN THE SUPREME COURT.
PRACTICE IN THE SUPREME COURT.
Aji act Lo regulate the joractice in the supreme court in appeals and writs of error
in civil cases.
6ec. 1. Writs of error are writs of ligl:!; wlien to issue out of supreme court.
2. Writs of error, when and in wliat cases to issue from the circuit to the county court.
3. All writs of error, wiien and in what time to be brought.
4. Several defendants, and one or more of thc:n die, writ may be brought by the survivor.
5. All living shall join in the writ of error, except otherwise allowed by supremo court.
6r & 7. One of several parlies iriay prosecute a writ of error, without joining others; when.
8. Persons refusing to join, order to be mAde on the record to appear, ^yc, proceedings in such case,
9. Copy of such order to be served on the party refusing; when and how.
10. On the application of person named in such order, he maybe permitted to join in the writ; when.
11. Person named in such order, and served with the same, not appearing, proceedings. '
12. Persons out of the state, not joining in such writ, their rights not impaired.
13. Persons who ought to join in a writ of error, may be permitted to do so; when, and proceedinge.
14. In what cases, and wl)en execution to be stayed by writ of error.
15. In what cases, and when order to be made by court or judge to stay execution on writ of error.
16. Order to stay execution to be endorsed on the writ; when, &;c.
17- If no execution has issued, or, if issued, not fully executed, how to proceed to stay execution.
18 . Notice of writ of error to be served on the adverse party; effect of failure.
19. Writs of error and return thereto, how made.
20. Penalty on clerk for failing to make return of writ.
21. Appeals, when and to what court returnable; transcript, when to be filed; on failure, proceedings,.
22. Assignment of errors, when to be filed; on failure, proceedings.
23. Joinder in error, when to be filed,
24. Proceedings, when one or more of plaintiffs or defendants die before joinder in error.
25. Proceedings, when one or more of plaintixTs or defendants die after joinder in error.
26. If all the plaintifi-s die after appeal or writ of error, and before judgment, proceedings.
27. If all the defendants die after appeal or writ of error, and before judgment, proceedings.
28. Husband may be joine-I with his wife as plaintiffafter appeal or writ of error; when InA how.
29. Husband may be made co-defendant with his wife before judgment; how.
30. St.iiement of case and points to be made out and delivered to the judges.
31. Exceptions not to be taken on* points not decided by circuit court.
32. Proceedings of the court on appeal or writ ..,f error, or upon a special verdict.
33. Upon affirmance of judgment, damages may be awarded.
34. Court divided in opinion, judgment of circuit court affirmed.
35. Judgments of the court, how carried into effect.
36. Foregoing provisions to extend to appeals from decrees and decisions in chancery.
Be it enacted hy the general assembly of the state of Missouri, as follozcs:^
§ 1. Writs of error upon any final judgment or decision of any circuit court, in
all cases are wnts of right, and shall issue of course out of the supreme court in
vacation as well as in term, subject to the regulations prescribed by law.
§ 2. Wnts of error shall issue on demand, as a matter of right, on the final decis-
on or judgment of the county court from the circuit court, in term time or in vaca-
orTtldgmenl." '" '"'"'" """"■^' ^^^'^^-^^-^^^ ^^^Y^ ^-^ -ch decision
J 3. All writs of error upon any judgment or decision of any court, in any
ZVtut^r '' "■'?"''' ''"'" ^' '^'""-^^^ ^'^^"" ^^^^ y^^^^ -fter the render-
ing of such judgment or decision, and not after.
PKACTICE IN THE SUPREME COURT. 5l9
■ 6 4. If a judgment shall be rendered against several persons, and one or move of
L J- •? f orvnr mav be brought thereon by the survivors.
73 K^hr^boseveralplrs L agai;.st who,, any Judgment shall have been
by affidavit, unless one or more ot such pe.soub
supreme court. „,..oM«i;vino-\vho ouo-ht to ioin in
A R Tn the -illecrations of there bemg other persons .a mg ^\no ou at j
s^ ;vIt°ofe.w:.f n be established or admitted, f ^^P-'^^^^rr lo^:! ,™:
„,ay answer by d.e proof on affidavt, '''^^^^^V; , .n orinsality or imbe-
either incapable of consenting to 30m '" ]"=>-, 7"'' ^.[.'/'^^^..^on of their being
eility of mind, or that their c<nrsent cou d no be 00 «d b a.o ^^ ^^ ^^^^^ ^o
absent out of this state; and ,f the court shall be ^»' ''« ° ; ^„^h
swer, such party shall b. allowed to prosecute such w.it, ^^Unout 30 .
person, in the same manner as if they were jomed. ^^^
5 7. To such allegation, the P-t^ l™— Jj ;';': e ^rsons, no't n'amed
proof on affidavit, that appl.cat.on has been made to any , ^^^^^
L suchwrtt, to io^^^-^^-^:,:^:^:::f::^::::i2 .. same, unti.
rorLr.T:::t:::irst;':d-:;:lrthe person so refusing, as ireretnafter
"TfThe court shall thereupon cause ^ ^^ -^:::;;:t°::::Z^l^^
i„g the persons so refusing, to jo,n m sucn «u , -"^ '° ^'^ ^,. ^^^.,, ,„a
of error on the same judgment. parties named therein, at least
i^ ^::'th::;:;;::tion of any p^—-: -t ::^:;z ^ ;;:
fitted to join in such wrtt of error, and '."^ ^^P-^^^^^'^'^^, i„ol„ding the motion.
„entofthecostsof.hep™ceed,ngstobnng^
^X^X^:.^:^^^^^ writand procee.ngs shall be am, ^^
specified, adjoin msuchwtu o no.,up 1 ^^^^^^^j, ^^^^^.^^^ ^^ f„^^^.^^
order, the default of -=" P" -;' f^^^ "on th; same judgment, and the coheir
precluded from brmgmg any wr t oi ei ^^^^ ^^^^^ .^ ^^^^ ,
shall proceed in the same manner as .f such peiso .^^^ ^^^^ ^^
and in the proceedings thereon. ^^^^^^^ ,
520 PRACTICE IN THE SUPREME COURT.
512. When the name of any person out of this state, or incapable of giving
consent to the bringing of a writ of error, shall be omitted in such writ, and the
cause shall proceed without such names, the rights of such persons shall not be im-
paired by the judgment on such writ, but he may bring his wrii of error in the
same manner, separately, as if no such former writ had been brought.
§ 13. Any person who ought to join in a writ of error, may be permitted to do
so on his application, on such terms as the court shall impose, and the writ and
proceedings shall be amended by inserting his nanie, and shall proceed as in other
cases.
§ 14. No writ of error shall stay the execution, unless the supreme court, or some
judge thereof in vacation, be satisfied, upon an inspection of a copy of the record?
that there is error therein, and shall make an order allowing such writ of erx'or to
stay the execution; and no such order shall be made by a judge in vacation, after
the expiration of ninety days from the rendering of the judgment or decision
complained of.
§ 15. No order allowing a writ of error to stay the execution shall be made by
the supreme court, or by any judge thereof in vacation, except in the following
cases:
First, where the plaintiiT in error was executor or administrator in the original
action, and such action was by or ag.iinst him as such; or.
Second, Where the plaintiff m error, or some responsible person for him, togeth-
er with two sufficient sureties, to be approved by the court or judge,
shnll enter into a recognizance, before such court, or judge to tho
adverse party, in a penalty sufricient to secure whatever debt, dama-
ges and costshave been recovered by the judgment complained of, to-
gether with the costs and damages that may be recovered in the
supreme court, conditioned that the plaintiiT in error will prosecute
such writ with effect, and pay the money that shall therein be
adjudged against him by the supreme court, or otherwise abide the
judgment of such court therein.
§ 16. The court or'officer allowing a writ of error to stay the execution, shall
cause an order to that effect to be endorsed upon the writ, under the hand of the
judge, when the same is made in vacation, and under the hand of the clerk of the
court, when the same is made in term.
"-17. If no execution be issued, the exhibition of such writ of error, so endorsed
3.11 C*
^ adverse party or his attorney of record, or the clerk of the circuit court,
V3.P3 ' I • * •
e the judgment or decision complained of was rendered, shall stay the issuing
^ any writ of execution. If any execution shall have been issi^ed and not fully
^^'^suted, upon the exhibition of such writ of error to the officer charged with the
^ cution of such writ of execution, such officer shall proceed no further in the
jution thereof, but shall return the writ, together with the reason of his not
^ceding thereinto the final execution thereof.
% ^- • «i'y person suing out a writ of error, shall cause a notice thereof in
to be served on the adverse party, or his attorney of record, ten days be.
PRACTICE IN THE SUPREME COURT. 521
fore the return day of such writ. If such notice be not served, the judgment of
the circuit court shall be affirmed, unless good cause for such failure be shewn. .
§ 19. Writs of error shall be returned, signed b}' the clerk of the court to which
such writs shall be addressed, uiider the seal thereof.
§ 20. Any clerk failing to make return of any writ to the supreme court, shall be
liable to be punished by such court, on attachment, for his contempt, in the same
manner as officers of other courts for disobeying the process or orders of such
courts.
§ 21. All appeals taken thirty days before the first day of the next term of the
supreme court, to be holden in the district where the judgment or decision appealed
from was given, shall be returnable in such next term; and all appeals taken less
than thirty days before the first day of such next term, shall be returnable in the
second term thereafter. The appellant shall cause to be filed in the office of the
clerk of the supreme court, at least ten days before the first day of the term of
such court to which the appeal is returnable, a perfect transcript of the record and
proceedings in the cause; if he fail so to do, and the appellee produce in court such
transcript, and it appear thereby that an appeal has been allowed in the cause, the
court shall affirm the judgment, unless good cause to the contrary be shewn.
§ 22. On appeals and writs of error, the appellant and plaintiff in error shall
as«igtt errors on or before the first day of the term at which such appeal afld writ
of error is returnable. In default of such assignment of errors, the appeal, or writ
of error, may be dismissed, or the judgment affirmed, unless good cause for such
failure be shewn.
j§ 23. Joinders in error shall be filed within four days after the filing of the as*
signment of error.
§ 24. If there be several appellants or plaintiffs in error, and one or more of
them die before errors are assigned, such death shall be suggested By the surviving'
plaintiffs, and the errors shall be assigned by them; and if one or more of several
defendants die before joinder in error, such death shall, in like manner, be suggest,
edby the survivors, and they shall plead to the assignment of errors.
§ 25. If there be two or more appellants or plaintiffs in error, and one or more
of them die after errors assigned, or if there be several appellees or defendants in
such error, the appeal or writ of error shall not thereby abate, but in either of such
cases such death shall ilotbe suggested on the record, and the cause shall proceed
at the suit of the surviving appellant or plaintiff in error, or against the surviving
appellee or defendant in error, as the case may be.
§ 26. If all the appellants or plaintiffs in error die, after the appeal taken, or
writ of error brought, and before judgment rendered thereon, the executors or
administrators of the last surviving plaintiff" or appellant, or the heirs and devisees
of the plaintiffs and appellant, in cases where they would be entitled to bring writs
of error, may be substituted for such plaintiffs, and the cause shall proceed at their
suit-
§ 27. If all the appellees, or a sole appellee, or if all the defendants, or a sole de-
fendant, in a writ of error die. after the appeal taken, or writ of error brought,
67
522 PRISON BOUNDS.
and before judgment therein, the executors and administrators of such appellants
or defendants, may be compelled to become parties, and join in error, in like manner
as in an original suit.
§ 28. If a female appellant or plaintiff in error marry after the appeal taken ok
writ brought, her husband may be joined with her on his application, and his
name shall thereupon be entered in the proceedings.
§ 29. If a female appellee, or defendant in error, marry after the appeal taken 015
writ brought, and before judgment, her husband may be made a co-defendant on
his application, or the application of the adverse party.
5 30. On appeals and writs of error, each party shall, before the argument of the
cause, make out and furnish each judge with a clear and concise statement of the
case, and the points intended to be insisted upon in argument.
§ 31. No exception shall be taken in an appeal or writ of error to any proceed-
ings in the circuit court, except such as shall have been expressly decided by such
court.
§ 32. The supreme court, in appeals or writs of error, shall examine the record
and award a new trial; reverse or affirm the judgment or decision of the circuit
court, or give such judgment as such court ought to have given, as to them shall
seem agreeable to law. When the facts in a special verdict are insufficiently
found, they may remand the cause, and order another trial to ascertain the facts.
§ 33. Upon the affirmance of any judgment or decision, the supreme court may
award to the appellee, or defendant in error, such damages, not exceeding ten per
centum on the amount of the judgment complained of, as may be just.'
§ 34. When the supreme court shall be divided in opinion, the judgment or decis-
ion of the circuit court shall be affirmed."
§ 35. The supreme court, upon the determination of any cause in appeal or
error, may award execution to carry the same into effect, or may remit the record
with their decision thereon, to the circuit court from whence the cause came; and
such determination shall be carried into execution by such circuit court.
§ 36. The foregoing provisions, relative to appeals and the parties thereto, shall
be construed to extend to appeals from the decrees and decisions in chancery
causes, in all respects, the same as to appeals from judgments and decrees in suits
at law.
Approved, March 21 sf, 1835.
PRISON BOUNDS.
An act concerning prison hounds.
SecI. Every county court to establish prison bounds; their extent.
2. Bounds to be designated; description of, to be set up by sheriff at jail door.
3. Sheriff 10 permit persons committed, to take prison bounds by giving bond and security, when; how long to
remain in bounds; expenses how paid, Ifc.
4. Suit on bond for passing over prison hounds; extent of judgment.
6. • Defendants in execution on such judgment, not allowed to lake the bounds.
QDO WARRANTO. 523
Be itenacled hy Ihe general assenAly of the Hate of Missouri, as follows:
S 1 Every comity court shall establish prison bounds in its county, not to ex-
.eecUhe areLf one'half mile square, and which shall include the jad, .f there be
"1 r The"shall cause posts or other marks to be set up, when n<^'='=;^="-y' '°
designate tiro bounds, and shall cause a description of .hern tote entered en then
reco°d, and a copy of such description shall be kept posted up by the sher.fT, m a
conspicuousmanner, at the jail door. ^^,,,:^„ in nnv
^ 3 If any person be committed to jail on mesne process or execution m any
civil suit, the sheriff shall permit him to go at large v/ithin the pnson bounds if he
giv I to the sheriff, lir the use of the creditor or plaintid, with two sufficient
Tea^itie,, in twice the sum demanded in such process, or tv.ce the amo.mt of the
execu io , conditioned, that if such person will not pass over such bounds, before
beTscL^^^ by du; course of law, such bond shall be void; but no person wo
shallhave been committed to jail, or taken in execution for debt s 11 ^^P-™^^^^
to remain in the prison bounds for a longer time than one 7-^1^-^^ ^^^^ ; ^^
person or persons taking the benefit of the prison bounds, shall pay the expenses
incurred for their own board and living. ^n^crment
^ 4. If suit be brought on such bond for passing over the bounds and udgmen
be r^ldered thereon, itshall be for the amount of the former demand, with inteiest
and costs, and execution shall issue thereon against the defendants.
5 5. If either of such delendants be committed to jail on such execution, he
shall not have the privilege of going at large within such bounds.
Approved, Felruari/ 2GtJh 1835.
QUO WARRANTO.
An act concerning writs of quo warranlo.
fiEC. 1. Infoimation ia nature of, to Ic exhibited; when.
9 What shall be named in the information; how to proceed.
3^ Several rights may be included in one information, by leave of court.
4. Appearance and plea, when, and proceedings thereon.
6. Defendant found guilty, judgment; defendant acquitted, judgment.
6. Time may be allowed parties to plead, .^c.
Be it enacted by the general assembly of the state of Missouri, as follows:
H. In case any person shall usurp, intrude into, or unlawfully hold o>- exectUe
anv office or franchise, the attorney general, or cncu.t attorney of the proper
c rctdt-th L leave ^f any circuu court, shall exhibit to such court an mform .
tion, in the nature of a ,»o warranto,., the relation of any person des.rrng to pros-
ecute the same. ',
i 2. The relator shall be named as such in the information agamst such person,
as usurping, intruding into, or unlawfuUy holding or exeeutmg any such office or
324 UECOHDER^^.
franchise, and shall proceed thereon in such manner as is usua! ir, cases of infor-
mation in the nature of a quo imrranto.
§ 3. If it shall appear to such court, that the several rights of divers persons, to
the same office or franchise, may properly be determined on one information, the
said courts may give leave to exhibit one information against several persons to try
their respective rights to such office or franchise.
§ 4. Such person, against whom an information in the nature of a>o wan^anio
shall be prosecuted, shall appear and plead at the same term in which the said in-
/prmation shall be filed, unless the court shall give further time, and such person
prosecuting such information, shall proceed thereupon with the most convenient
speed.
§ 5. In case any person, against whom any such information in the nature of a
^uo warranto, shall be adjudged guilty of any usurpation, or intrusion into, or un-
lawtully holding and executing any office or franchise, it may be lawful for the
court, as well to give judgment of ouster against such person, from any of the
said offices or franchises, as to fine such person for his^ usurpation, intruding into,
or unlawfully holding ?ind executing any such office or franchise, and to give judg-
ment, that the relator, in such information named, shall recover hfs costs of such
prosecution; and if judgment sha]l be given for the defendant in such mformation,
he shall recover his costs against such relator. " ' '
§ 6. The court, in which any information shall be exhibited, shall allow to the
relator, and the defendant, such convenient time to plead, reply, rejoin or demiu',
as shall seem just and reasonable. ' '
Approved, February 5th, 1835.
RJECORDERS.
All act establishwg recordeis offices.
Kec. 1. Offices established; where kept; books provided.
2. Clerks of circuit courts, er-offcio recorders; to give bond, its condition; where deposited, when sued on tc
3. Penalty for officiating before giving bond. - ^"- '^"^n suea on, tc.
4. Seal of court to be used; books, how paid for.
5. What instruments to be recorded; by what recorder.
6. Recorder to make an entry on the receipt of deed, &c., and give receipt
8. Index to deeds, to marnage Contracts and certificates. commisHion. <S-c to hr kP„,. , .
9. Penalty on recorder for failing to perforrtx the duties rp.uired by t'his a'ct ' ' " " ^"""'■"-
10. Fees for recording, when to be paid.
Be it enacted h,j the general assembly of tie state of Missouri, as follows-
i 1. There shall be an office of recorder in each coun-y, to be styled' tho re
corder's office, wh.ch shall be kept at the seat of justice in each counL by so^
competent person as recorder, who shall duly attend the service of the same S
.?hall provide and keep the office with good large books, well bound. whe'Tn 'sS
RECORDERS. 523
be recorded, in a fair and legible hand, all instruments of writing, authorized or
recjuired to be recorded in the manner hereinafter provided.
§ 2. The clerks of the circuit courts shall be ex officio recorders in their counties-
and every clerk, before entering upon the duties of his office as recorder, shall enter
into bond to the state, in the sum of fifteen hundred dollars, with sufficient securi-
ties, to be approved by the judge of the court of which he is clerk, conditioned for
the faithful performance of the duties enjoined on him by law, as recorder, and
for the delivering up the records, books, papers, writings, seals, furniture and ap-
paratus belonging to the office, whole, safe, and undefaced, to his successor, which
bonds shall be deposited in the office of the secretary of state, and by him re-
corded. If any person shall be damaged by the conduct of the recorder, such
person may commence an action in the name of the state, to his use.
§ 3. No recorder shall enter upon, or officiate in, his office, before he hath o-iven
such security, upon pain of forfeiting the sum of three hundred dollars, one half to
to the county, and the other half to him or them who shall sue for the same, by
action of debt.
§ 4. The recorder shall use the seal of the court of which he is clerk, in all cases
in which his official seal is required to be affixed; the recorders shall provide suita-
ble books for their respective offices, and keep regular and faithful accounts thereof^
and it sh; 11 be the duty of the county court to audit and settle such accounts, and
allow, in their discretion, such sums as shall be reasonable, to be paid out of the
county treasury.
} 5 . It shall be the duty of the recorders to record, in large and well bound books,
all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances
or other instruments of writing, of or concerning any lands and tenem.ents, or
goods and chattels, which shall be proved, or acknowledged according to law, and
authorized to be recorded in their offices; and all and every papers and documents
found in their respective offices, of and concerning lands and tenements, or goods
and chattels, and which were received from the Spanish or French authorities, at
the change of governments; and the recorders shall record, in books to be provided
for that purpose, all marriage contracts nnd certificates of marriages, and all com-
missions and official bonds, required by law to be recorded in their offices.
§ 6. When any deed, mortgage, deed of trust, conveyance, bond, commission,
or other instrument of writing, authorized by law to be recorded, shall be deposited
in the recorder's office for record, the recorder shall enter, in a book to be provided
for that purpose, in alphabetical order, the names of the persons, and date and na-
ture thereof, the time of delivery or deposit for record, and shall give to the per-
son depositingthe same, (if required) a receipt, specifying the particulars aforesaid.
$ 7. The recorder shall record, without delay, every deed, mortgage, conveyance,
deed of trust, bond, commission, or other writing, delivered to him for record, with
the acknowledgment, proofs and certificates written on, or under the same, with
the plats, surveys, schedules, and other papers therein referred to, and thereto
annexed, in the oi'der, and as of the time, when the same shall have been delivered
for record, by entering thern, word for word, in a fair hand, noting at the foot of
526 RECORDERS.
such record, all interlineations and erasures, and words visibly written on. erasures,
and noting at the foot of the record, the day of the month, and year when the in-
strument so recorded was delivered to him, or brought to his oflnce for record,
and the same shall be considered as recorded from the time it was so delivered;
and the recorder shall certify, on or under such deed, mortgage, conveyance, deed
of trust, bond, commission, or other instrument so recorded, the day, month and
yeai*, when he received it, and the book and page or pages of the book in which
it is recorded, and, when recorded, deliver it to the party or his order.
§ 8. The recorder shall provide and keep, in their respective oifices, a well
bound book, and make and enter therein, an index, in alphabetical order, to all the
books of record wherein deeds, mortgages, or other writing concerning real estate?
or deeds of trust, are recorded, distinguishing the books and pages, in which every
such deed or writing is recorded; which index shall contain the names of the seve-
ral grantors and grantees, in alphabetical order; and in case the deed be made by a
sheriff, the name of the sheriff, and the defendant in the execution, and if by exe-
cutors or administrators, the name of each executor or administrator, and of the
testator or intestate; and if by attorney, the name of such attorney and his con-
stituent; and if by any commissioner, the name of such commissioner, and of the
person whose estate is conveyed; and the recorder shall, in like manner, make,
keep and preserve, a full and perfect alphabetical index to all the books of record
in his office, wherein marriage contrac.ts, and certificates of marriage are recorded,
and a like index to all the books of record wherein commissions and office bonds
are recorded, containing the names of the officers appointed, and of the obligors
in any bond recorded, and a reference to the book and page where the same are
recorded; and the recorder shall make a reference in said index, of all deeds, con-
veyances, and other writings, which may be hereafter recorded, so as to afford at
all times an easy reference to such records.
§ 9. If any recorder, to Avhom any deed, or other writing proved or acknowl-
edged according to law, shall be delivered for record, shall neglect or refuse to
make an entry thereof, or give a receipt therefor, as required by the sixth section
of this act, or shall neglect or refuse to record such deed or writing, within a rea-
sonable time after receiving the same, or shall record any deed, or instrument of
writing before another first brought into his office, and entitled to be recorded; or
shall record any deed or other instrument of writing untruly, or in any other man-
ner than as hereinbefore directed; or shall neglect or refuse to provide and keep
in his office an index, as required by the preceding section, he shall pay to the party
aggrieved, double damages, which may be occasioned thereby, to be recovered by
action of debt, on the official bond of the recorder, or by special action on the
case; and if any recorder shall wilfully neglect or refuse to perform any of the
duties required of him by this act, or shall wilfully perform them in any other
manner than is required by law, he shall be deemed guilty of a misdemeanor in
office, and proceeded against accordingly, and shall moreover forfeit and pay, to
the use of the county, a sum not exceeding three hundred dollars, to be recovered
hv action of debt.
REPLEVIN. 527
§ 10. The recorder shall not be bound to make any record for which a fee may
be allowed by law, until such fee shall have been paid, or tendered, by the party re-
quiring the record to Be made.
Approved^ January 20th, 1835.
REPLEVIN.
An act regulating the action of replevin.
PsKc. 1. In what cases maintainable.
2. No cross replevin, or for proiieity in possession of an officer, to be brought.
3. Affidavit to he filed; its contents.
4. Command of tl;e writ to tl;e officer to whom it is directed.
5. Writ not to be esccutod until plaintiff give bond; its condition.
6. Writ to be executed by the officer; Jiow.
7. Defendant may plead not guilty; what this plea shall put in issue.
8. Plaintiff" fails to prosecute Iiis suit with effect, value of property and damages for use of same to be assessed.
9. Against whom, and for what, judgment in such cases shall be given.
10. Kemedy of sheriff on plaintiff's bond.
11. Remedy of defendant on plaintiff's bond.
12. Sheriff failing to return a bond, or returning insufficient one, liable for damages.
Be it enacted hy the general assembly of the state of AIiss.puri, as follows:
^ 1. Whenever any goods or chattels are wrongfully taken, or wrongfully detain-
ed, an action of replevin may be brought by the person having a right to immed)„
ate possession, for the recovery thereof, and for the recovery of the damages sus-
tained by reason of the unjust caption or detention, except as hereinafter specified.
§ 2. No cross replevin, or replevin for property in the possession of an officer^
by virtue of any legal authority, shall be brought.
§ 3. No writ of replevin shall be issued, unless the plaintiff files, in the office of
the clerk of the court, the affidavit of himself, or of some credible person, stating
that the plaintiff is lawfully entitled to the possession of the property mentioned
in the declaration, that the same was wrongfully taken, or is wrongfully detained
by the defendant, and that the plaintifi^s right of action has accrued within one
year.
§ 4. The writ of replevin shall command the officer, to whom it is directed, to
cause, (if the plaintiff gives the security required by law,) the goods and 'chattels
mentioned in the declaration, to be delivered to the plaintiff without delay, and to
summon the defendant to appear in court, on the return day of the writ, and an-
swer the plaintiff in the premises.
§ 5. No writ of replevin shall be executed until the plaintiff enters into a bond
to the officer to w^iom the writ is directed, wath sufficient security, in double the val-
ue of the property, to be ascertained by the officer, conditioned that he will prosecute
the suit with effect, and without delay, make return of the property, if return "there-
of is adjudged, and keep harmlesst the officer, ouching the replevying the property.
528 REVENUE.
5 6. Upon the receipt of the writ, and the bond required by this act, the officer
shall j without delay, execute the writ, by causing the property mentioned in the
declaration to be delivered to the plaintiff, and by summoning the defendant, accord-
ing to the tenor of the wu'it.
{ 7. The defendant may plead, that he is not guilty of the premises charged
against him, and this plea shall put in issue, not only the right of the plaintiff' to
the possession of the property mentioned in the declaration, but also the wrong-
ful taking, and detention thereof.
5 8. If a plaintiff in replevin fails to prosecute his suit with effect, and without
delay, the court or jury shall assess the value of the property taken, and the dama-
ges for the use of the same, from the time of suing the same until return thereof
shall be made, as in other like cases.
§ 9. In such case the judgment shall be against the plaintiff and his sureties, that
he return the property taken, or pay the value so assessed, and also pay double the
damages assessed, for the detention of the property.
§ 10. If an officer is damnified by reason of taking any property by virtue of a
writ of replevin, by the direction of the plaintiff, he may maintain an action there-
for, upon the bond by him taken.
§ 11. If the plaintiff violates the condition of his bond^ the defendant may sue
thereon, in the name of the officer, to his own use.
§ 12. If the officer fails to take a bond of the plaintiff, and return the same as
required by this act, or if the bond taken is adjudged insufficient at the return term
of the court, and the plaintiff fails to perfect it, if required, the officer shall be liable
to the party injured for all damages by him sustained, to be recovered by action of
debt on the officer's official bond, or by an action on the case.
Approved January 20th, 1835.
REVEN.UE.
An act to provide for levying, assessijig, and collecting the revenue*
ART. I. Of the Bubjecta of taxation, and the rates of taxes.
ART. II. The assessment of property for taxation.
ART. III. Of the collection of the revenue.
ART. IV. Of the county revenue.
ART. v. Of the enforcement of the payment of the land tax.
ARTICLE I.
Of the subjects of taxation, and the rates of iaxesi
Sec. 1. Upon what objects tax shall be laid.
2. What subjects are exempted from taxation.
3. Rate of annual tax upon subjects mentioned in this section.
4. Rate of tax on subjects mentioned in this section,
5. Rate of tax upon all licenses, how declared.
REVENUE. 529
Be it enacted hy the general assemhJij of ike state of Missouri, as follows:
§ 1. For the support of the goveriimsnt of the state, the payment of the public
debt> and the advancement of the public interest, a lax shall be laid upon the fol-
lowing objects:
First, All free male persons, over twenty-one and under fifty-five years old.
Second, Lands and lots of ground, including the houses and improvements
thereon.
Third, I^easelioid interest in land, for the term of tv/enty years or more, as
lands.
Fourth, All slaves over three years old.
Fifth, Household furniture, used by any one family, above the value of five
hundred dollars.
Sixth, Pleasure carriages, kept for the use of the owner or his iamily.
Seventh, Horses, mares, geldings, and neat cattle, above three years old, and
mules and asses, above two years old.
IbJighth, Watches, with their chains, seals and other appendages, and clocks,
kept to be worn or used by the owner or his family.
Ninth, Shares of stock in banks, and all other incorporate companies, except
hospitals and literary institutions.
Tenth, All licenses taxable bylaw.
§ 2. The following subjects are exempted from taxation:
First, All free white male persons, above twenty-one and under sixty-five
years old, belonging to the army of the United States.
Second, All forts, arsenals, magazines, barracks, hospitals, armories, and other
needful public buildings and structures, with. their furniture and equip-
ments, and the land and lots used therev/ith, belonging to the United
States.
Third, All lands exempted by the ordinance of the convention of this state,
passed on the nineteenth day of July, one thousand eight hundred
and tvi'enty.
Fourth, All lands and other property belonging to this state.
Fifth, All court houses, jails, and other public buildings and improvements,
with the furniture thereof, and the lands appertaining thereto, and
used therewith, belonging to any county in the state.
Sixth, All market houses, town-halls and other public structures, with their
furniture and equipments, and all public squares, and vacant lots,
kept open for health, use or ornament, belonging to any city, town
or village, in the state.
Seventh, All lands and lots of ground, granted by the United States, or this
state, to any county, city, town, village or township, for purposes
of education, until disposed of to individuals, by sale or lease,
68
530 REVENUE.
Eighth^ All school houses, and other buildings, for the purposes of education 5
with their furniture, equipments and apparatus, and the land appur-
tenant thereto, and used therewith, so long as the same shall be used
for those purposes.
Ninth.) All hospitals for the sick, and public poor houses, with their furniture
and equipments, and the land appurtenant thereto, and used there-
with, so long as the same shall be used for those purposes only.
Tenth, All churches, chapels, and other public buildings for religious worship,
with their furniture and equipments, and the land appurtenant thereto,
and used therewith, so long as the same shall be used for that purpose
only.
Eleventh, All grave-yard.«,set apart and used for that purpose only.
§ 3. The annual tax laid upon the subjects mentioned in this section, shall beat
the following rates:
First, All free male persons, over twenty-one, and under fifty-fire years old,
thirty-seven and one-half cents.
Second, Lands and town lots, including the houses and improvements thereon,
and all other property, real and personal, including stock in banks,
and other incorporated companies, subject to taxation by this law, the
eighth part of one per cent, of the assessed .value thereof.
§ 4. The tax laid upon the subjects mentioned in this section, shall be at the
following rates.
First, On each conviction in a criminal cause, in a court of record, sixty-two
and one-half cents.
{ 5. The rates of taxes upon all licenses, subject to taxation by law, shall be
declared under their appropriate titles.
ARTICLE 11.
The assessment of property for taxation.
Seo. 1. Assessor, how, when, and by whom elected.
2. Certificate of election to be delivered by the clerk. Under seal of court, to the assessor.
3. When county court, or their clerk, to appoint assessor.
4. Certificate of appointment, under seal of court, to be delivered to assessor thus appointed.
5. Assessor to take oalh of office, to be endorsed on his certificate; penalty for failure.
6. Bond to be given by assessor; its condition.
7. Duty of assessor in taking list of taxable property, except merchandize; from whom list to be taken.
8. A list of taxable property, which the party has management of, situated in another county, to be given in.
9. List required by the two preceding sections, what they shall contain.
10. Assessor may require the person giving such list, to verify same by oath; when.
11. Duty of assessor, after he has completed his assessment, in making out lists, &c.
12. List transmitted, &;c., but not received before ta.v book is returned, supplemental tax book to be made out.
13. List of taxable property to be given, cither on personal application, or notice by the asses sor.
14. Failing to give such list, by person applied to or notified, within ten days, property double taxed.
15. Penalty on persons giving false or fraudulent list of taxable property; property taxed triple.
16. When no list of taxable property is given, assessor to make out list on his own view, &c.
17. List of lands may be delivered to the recorder, veriiied, &.C.; its eflect-
18. Recorder to keep a registry of lands for taxation; his fees.
19. If lands registered to be transferred, recorder to make entry of transfer in liis register; when.
REVENUE. 53 1
20. fiecorder to make out copy of registry, and abstract of conveyances, and deliver them to clerk; when.
21. Tax book of the preceding year, and descriptions of land furnished by recorder, and list of the auditor, to be
delivered by the clerk to the assessor, to take receipt, &c ; when assessment completed, books, &c., to bo
reliuned.
22. Duty of assessor to make out complete list of taxable property, &c., to be called "the tax book."
23. Tax book, how made out; what it shall contain.
24. Property contained in the tax book, how valued, assessed, and classed.
25. Lands omitted in the assessment, when discovered, to be put in the tax book, assessed, &c.
26. Copy of assessment, signed by assessor, to be given to owner of property when demanded.
27. Copy of tax book to be returned to county court, on or beforefirst of Amc, in each year.
28. County court to hear and determine appeals; notice, when to be given.
29. Tax book to remain in clerk's office for ten days before session of court of appeals, for inspection, &c.
30. Appeals, by whom and how made.
31. When clerk to take to his assistance two justices of county court, and hold court of appeals.
32. Appeals to be tried in a summary way; tax book corrected accordingly.
33. Two copies of tax book to be made out; one for collector, and one for the auditor.
34. Assessor may administer oath; in what cases.
35. Assesssor may be removed, and another put in his stead; when; bond to bo put in suit when removed.
36. Compensation of assessor.
37. Compensation to clerks under thi^ article, how allowed and paid.
5 1. There shall bo elected by the qualified electors of the several counties within
this state, on the first Monday in August, in every year, a county assessor; and
every such election shall be conducted, in all things, according to the laws regula-
ting the election of other county officers.
§ 2. The clerks of the respective county courts shall deliver to the persons thus
elected, immediately after their election, a certificate thereof, under the seal of the
respective county courts.
§ 3. If no person be elected assessor, or if the person elected fail to take the
oath, and enter into the bond required of assessors, on or before the first day of
January, after his election, or after the time at which such assessor ought to have
been elected, or if at any tiine there be a vacancy in the office of assessor, the
county court shall immediately appoint an assessor for that year; and in default
thereof, the clerk, of such court shall make such appointment in vacation.
^ 4. When an assessor shall be appointed by the county court, or by the clerk
of such court in vacation, the clerk shall deliver to the person so appointed, a cer^
tificate of his appointment, under the seal of the court.
{ 5. Every assessor shall take the oath of office prescribed by the constitution'
and cause the same to be endorsed on the certificate of his appointment, before
entering upon the duties of his office, and in default thereof shall forfeit five, hun-
dred dollars for the use of the state.
§ 6. Every assessor, before entering on the duties of his office, shall give bond
and security to the state, to the satisfaction of the court, or the clerk, if appointed
in vacation, in a sum not less than one hundred, nor more than five hundred dollars,
the amount to be directed by the court or clerk, as the case may I'equire, conditioned
for the faithful performance of the duties of his office, which bond shall be deposited
in the office of the county court.
§ 7. Every assessor, immediately after his appointment and qualification, shall
go through all parts of his county, and require every person who owns, or has the
charge or management of, any property, taxable by law, except merchandize, and
532 REVENUE.
being within the county, to deliver him a written list of the same; and every ^ic(
person shall deliver to llie assessor, a just and true list of all such property.
§ 8. In the same manner, every such person shall deliver to the assessor a jus
and true list of ail property taxable by lav.', except merchandise, which he owns
or [of] which he has the cliarge or management, being in any other county, an(
not then listed and given in for taxation for that year, in such other county.
§ 9. Every list, required by the two preceding sections, shall particularly de-
scribe each tract of land contained therein, so that the same may be found and
known by the description; when the land is part of the public surveys of the
United States, the tovvnship and range shall be noted, and the section and fractional
part, or other legal subdivision thereof, shall be stated; and in all other classes of
land claims, the quantity and local position shall be set forth, and the number oi
the survx^y, and the name of the original claimant, if kno'wn to tl^e party, shall be
stated. Each town lot sluill be described by the name of the city, town or villagCj
the street or alley where situate, the numbers (if any) of the lot, and the square oi
which it foimsa part, and the size in front and depth.
§ 10. If the assessor shall Iiave cause to doubt the correctness of any such list,
when given or tendered to him, he may require tlie party to verify the same by
oath or afnrmation. i
§ 11. It shall be the duty of every assessor, as soon as he shall have completed
bis assessment, to make out, from the lists delivered to him, under the sixth section
of this law, a distinct list for each county, in which any such taxable property
may be, and transmit the same, by mail, or otherwise, to the assessor of the proper
County, who shall assess the same as other taxable property therein, if not before
assessed for the same year.
§ 12. When the lists transmitted from one assessoiito another, as required in the
preceding section, shall not be received by the proper assessor, before he has made
return of his tax book to the court, he shall, without delay, assess the property in
such lists contained, and make return thereof to the court, in a supplemental tax
book, which shall be proceeded on, as nearly as may be, as the original.
^ 13. The assessor shall require every person who owns, -or has the charge or
management of, any taxable property, to deliver to him the list thereof, either by
personal application, or hy a written notice, to be left at the residence of the party;
and every such person shall deliver such list to the assessor, within ten days after
such application or notice.
5 14. If any person, being applied to, or notified as aforesaid, shall fail to deliver
the requiied list to the assessor, in ten days, the property Vvhich ought to have been
listed shall be taxed double.
§ 15. If any person shall deliver to the assessor any false or fraudulent list, the
property therein specified, and all that ought to have been listed tlierein, shall be
taxed triple; and the oflcnder shall, moreover, be subject to indictment for the
fraud, and may be fined in any sum not exceeding five hundred dollars.
§ 16. Whenever there shall be taxable property in any county, and, from any
cause, no list thereof shall be given to the assessor, in proper time and manner,
REVENUE. 633
the assessor shall himself make out the list on his own view, or on the best infor-
mation he can obtain; and for that purpose, he shall have lawful right to enter into
an}' lands and houses, and make anyexamination and search v/hich may- be neces-
sary, and may examine the owners of ihe property, or any other persons, upon
oath, touching the same.
§ 17. The owners of lands and town lots may deliver to the recorder of the
county in which the same are situate, the descriptive lists of such lands and lots,
required by the sixth and seventh sections of this article, which, being verified by
the oath of the party, shall be filed in the recorder's office, and thereafter the same
lands and lots need not be included in the annual lists to be delivered to the assessor.
§ 18. The recorders shall register, in a well bound book, to be kept for that pur-
pose, alphabetically, all such descriptive lists of lands and lots delivered to him
under the preceding section. The register shall he in tabular form, with suitable
columns or spaces for the description of the land, the date of registry, and for no-
ting the future transfers of the land, or any part thereof. The recordei's fee, for
every registry of such list, shall be twenty-five cents, to be paid on delivery of
the list.
§ 19. When any land, so registered, shall' be transferred by any deed or in-
strument, recorded in the same office, the recorder shall, without delay, make an
entry of such transfer in the proper columns of his register.
§ 20. The recorder shall, in the month of January of every year, make out a
copy of the said register -of the preceding year, and an abstract (in alphabetical
order) of all deeds and other conveyances of land recorded in his ofiice during
the preceding year, shewing the names of the acquirers, and from whom acquired,
the quantity and description of the land, and shall deliver the said copy and abstract
to the clerk of the county court, and take his receipt therefor.
} 21. The clerk of t!ie county, court shall deliver to the assessor, immediately
after his appointment and qualification, in every year, the tax book of the preceding
year; all copies of the register and abstracts of conveyances, furnished by the
recorder of the county, and also the list of taxable lands to be furnished by the
auditor of public accounts, and take his receipt therefor; and the assessor, as soon
as he shall have completed his assessment, and made his tax book for the year,
shall return the whole of said papers and documents to the clerk.
§ 22. The assessor, on examination and comparison of the list of property de-
livered by individuals, the copy of the register and abstract of conveyances fur-
nished by the recorder, and the list of land^ furnished by the auditor, shall make a
complete list of all the taxable property in his county, to be called " the tax book.''
5 23. The tax book shall be in two separate parts, the one to contain the names,
in alphabetical order, of all persons residing in the county, who own taxable prop-
erty therein, the other to contain the names, in alphabetical order, of all persons
residing out of the county, who own taxable property therein: it shall be in a tab-
ular form, with a suitable caption, and separate columns for the names of the own-
ers, each kind of property taxed, the assessed value of each kind, and the whole
amount chargeable to each person, and such other columns as may be found neces-
sary or convenient in practice.
534 REVENUE.
§ 24. The assessor shall value and assess all the property on the tax book, aG>
cordino- to its marketable value in cash at the time of assessment; each tract of
land and town lot shall be assessed separately, and each kind of other property
shall be assessed separately from every other kind; and all leasehold interests in
land, for the term of twenty years and more, yet to come, shall be classed and
assessed as land.
§ 25. If, by any means, any tract of land or town lot shall be omitted in the as-
sessment of any year, or series of years, and not put upon the tax book, the same^
when discjovered, shall be assessed by the assessor for the time being, and placed
upon his tax book, before the same is returned to the court, with all arrearages of
tax, which ought to have been assessed and paid in former years, charged thereon.
§ 26. The assessor shall deliver to any owner of property assessed for taxation,
upon demand, a copy of the assessment thereof, written and signed by himself,
5 27. The assessor shall make out and return to the county court, on or before
the first day of June, in every year, a fair copy of the tax book.
§ 28. The county court of each county shall, at the next regular term after the
assessor shall have returned the tax book, as required in the last section, if sucli
term be within thirty days, hear and determine all appeals from the valuation of
property by the assessor; and if not within thirty days, then a separate term shall
be held for that purpose, within thirty days, to be ordered by any two justices of
the court, and published by the sheriff for ten days, by written or printed notices^
to be set up in at least six of the most public places in the county.
§ 29. The tax book shall remain in the office of the clerk of the county court, for
ten days before the session of the court of appeals, open for the inspection of all
poncerned,
§ 30. Every person who thinks himself aggrieved by the assessment of his
property, may appeal; and every appeal shall be in writing, and shall state, specially*
the grounds of the appeal, and the matter or thing complained of, and no other
matter shall be considered by the court.
§ 31. If, from any cause, a session of the county court cannot be had within
thirty days next after the return of the tax book by the assessor, the clerk of that
court shall take to his assistance any two justices of the peace within the county,
and hold a court of appeals, giving notice thereof as aforesaid.
§ 32. The court shall hear and determine all appeals in a summary way, and
shall correct and adjust the tax book accordingly.
§ 33. As soon as the tax book shall be corrected and adjusted, as aforesaid, and
the county tax stated thereon, the clerk of the county court shall make out two
fair copies thereof (each to be authenticated by the seal of the court) one for the
collector of the county, one for the auditor of public accounts, and the original
roll to be kept in his office.
§ 34. Where any fact, matter or thing, is required by this article to be verified
by oath or affirmation, any assessor may administer the same.
§ 35. Every assessor who shall fail to perform any duty enjoined upon him by
REVENUE. 535
this law, in the time prescribed, may be removed from office, and another put in
his stead by the county court; and when removed, his bond shall be put in suit.
} 36. The compensation of each assessor shall be one dollar for every day in
which he shall necessarily be employed in the public service.
§ 37. The several clerks shall be allowed such compensation for the services re-
quired of them by this article, as the auditor of public accounts shall deem just, to
be audited and paid as other similar claims against the state.
ARTICLE III.
Of the collection of the revenue.
Sec. 1. Sheriff to be cx-officio collector for two years.
2. To give bond and security; its condition.
3. Refusing to give bond, liis office to be vacant; proceedings in such case.
4. Bond to'be e^xecutcd in duplicate; one to be recorded in county clerk's office, the otlier sent to auditor.
5. Duties may bo performed by deputy; his powers.
6. Deputation, how made; may be revoked at pleasure; how.
7 Notice of deputation and revocation to be given by the collector; how.
8.' Tax book to be delivered to collector, to give receipt therefor; collector to be charged with amount of tax book.
9. Receipt for tax book to be endorsed on copy left with clerk, and copy sent to auditor.
10. Collector to collect taxes specified in tax book; may sell property for same, as on execution.
11. Goods to be sold as on execution for payment of taxes; when.
12. Goods sold for taxes, the costs and ten per cent, to be levied for collector's trouble.
is". Tax on convictions, fines, penalties, and forfeitures, &c., to be collected and accounted for by the sheriff.
14." Account of tines, penalties, SfC, to be kept by clerks, free for inspection of collector, &c.
15. Fines, penalties, <^c., received by sheriff, to be accounted for at each term of court.
16. Certain officers to account for moneys which come to their hands for taxes, fines, ,^-c.
17 AVhen such account and settlement is made, substance to be entered on the record, &c.
18 When such settlement is made, duplicate copies of the record to be made out and delivered; to whom.
19 Officers who have made such settlements, to pay over amount to collector; failure, how enforced.
2o". When amount is paid to collector, duplicate receipts to be given, and deposited with clerk of county court.
21. Settlements of officers required to be made by this law, how enforced.
22 Liability and penalty on officer failing to pay money found due on such settlement.
23! Blank licenses to be delivered by the clerk to the collector, when; collector to be charged with same.
24". Blank licenses, how made out; how filled up to make them available.
25" Collector to settle his account of blank license at each court; proceedings.
Se! At same time, collector to settle his account of money received of certain other officers for taxes, fines, ^-c; set-
tlement to be recorded; proceedings.
27 If collector fail to make settlement in the time and manner prescribed, how enforced.
Sg' Immediately after such settlement, copy of the record thereof to be certified to the auditor.
2% Collector to make out a list, to be called tke aeUn.uent ta. list, and a list to be called the Ust of dcUn.ucnt offu
cers when; what shall be slated in each list.
-in CODV of such delinquent list to be set up at the court house door, in November, of each year.
l^' Delinquent list to be returned to court, and on settlement, amount to be allowed, collector.
^9 List to be delivered to each successive collector, until the same be collected.
33 clctorto make annual payments into the treasury; duplicate receipts taken; one deposued wUh auduor.
34. compensation <^^2lll'. ^^^,^^. ^,.^ ^,,,,„, ,„ ,3,,^,,, ,„a pay over money to collector.
II cor™ ra'rtZIJry full amount of taxes, has same lien on property taxed as the state had; may
37. Delm:"nir:::.!!L wlthm one year after paymg full amount into treasury, amount of delinquents to be
allowed and paid out of state treasury.
38. county courts to appoint collectors until the end of the year 1836.
536 REVENUE.
§ 1. Every sherift' hereafter elccte'd, shall be ex-officio collector of the revenue
within his county., for two^years, commencing on the first day of January next en-
suing his election.
5 2. Every sheriff shall, each year, before entering-upon the duties of liis Ox^ce
as collector, give bond and security, to the state, to the satisfaction of the court, in
a sum at least double the amount of all tho revenue to be collected by him, condi-
tioned for the faithful performance of all the duties of such oflice.
§ 3. If any sheriff shall neglect or refuse to give bond, as req^uired by the second
section of this article, his oliice of sheriff shall, immediately upon such neglect or
refusal, be vacant, and the county court thereupon shall immediately notify the
governor of that fact, who shall forthwith appoint some suitable person to fill such
vacancy, who will give such bond.
§ 4. Said bond shall be executed in duplicate ; one part thereof shall be deposited
and recorded in the office of the clerk of the county court, and the other part shall
be sent by the clerk to the auditor of public accounts.
§ 5. The collectors of the revenue may perform their duties by deputy, and every
deputy shallliave the same legal qualifications as the principal.
§ 6. Every deputation shall be in v/riting, under the hand and seal of the prin-
cipal, who may revoke the same at pleasure by a similar writing.
§ 7. The collectors shall give public notice of every deputation and revocation,
made as aforesaid, by putting up said notice at the court house.door of their county.
§ 8. As soon as may be, after the tax books of each year have been corrected
and adjusted, and the amount of tlie county tax stated therein according to law,
the county courts shall cause the same to be delivered to the proper collectors, who
shall give receipts therefor to the clerks of tlie county courts, respectively, and each
collector shall be charged by such clerk with the whole amount of the tax book so
delivered to him.
§9. The collector £hall also subscribe two other receipts for the tax book, en-
dorsed upon the two other copies of the tax book, one to remain in the clerk's
office, and the other to be sent to the auditor of public accounts.
§ 10. The collectors shall diligently endeavor, and use all lawful means, to collect
and levy all the taxes specified in the tax books of their respective counties, and, to
that end, they shall have pov/erto seize and sell the goods and chattels of the per-
son liable for the tax, in the same manner, and under the same restrictions, as floods
and chattels are, or may be required to be seized and sold under executions, issued
on judgments at law.
§ 11. But no such seizure and sale of goods shall be made until the collector has
demanded payment of the tax, either by personal application to the party, liable to
pay the same, or by visiting his place of abode for that purpose, and the lapse of
ten days without payment after such demand.
§ 12. Vv^henever taxes shall be levied by the sale of goods as aforesaid, in addi-
tion to the amount of the tax, the collector shall also levy the necessary costs of
the proceeding, and ten per cent, on the amount of the tax, for his trouble.
§ 13. The sheriffs of the several counties shall collect, and account for all taxes
REVENUE. 537
upon conviction&, and all fines, penalties, forfeitures, and other sums of money, by
whatever name designated, accruing to the state or any county, in virtue of any
order, judgment or decree, of a court of record.
§ 14. The clerks of the several courts of record shall keep a true account of all
fines, penalties, forfeitures and judgments, imposed, adjudged or rendered in favor of
the state, or any county, by their respective courts, distinguishing those payable to
the state, from those payable to the county, and shall keep the same open for the in-
spection of the judges of the respective courts, and the collector of the revenue.
§ 15. The several courts of record shall, ut each regular term, cause the sheriffs
of the respective counties to make a full and fair statement and settlement of all
taxes, fines, penalties, forfeitures and judgments received by them, and not before
accounted for and paid over.
§ 16. Whenever money shall come to the hands of any coroner, justice of the
peace, constable, or any other oflicer, except oiily the state treasurer and collector
of the revenue, on account of taxes, fines, forfeitures, penalties or judgments, in
favor of the state or any county, such officer shall state, ana settle the accoiiilt
thereof, before the court, under whose authority the money was received, or on
whose writs, records or proceedings the same accrued, at the first regular term
after the receipt of the money, in the same manner as is above required of sheriffs.
§ 17. Whenever the court shall make such settlement with any officer, the sub-
stance thereof shall be entered of record, so as to show, separately, the whole
amount received by such officer, the amount of commissions allowed to him by
law for collection, how much remains due to the state, and how much to the coun-
ty, on what account each sum of money was received, and to what particular fund,
if any, it belongs.
§ 18. Whenever any such settlement shall be made, the court shaU cause dupli-
cate copies of the record thereof to be certified and delivered, one to the collector
of the revenue for the county, and the other to the clerk of the county court, and
the collector shall be charged by the clerk of the county court, with the sums ap-
pearing tliereby to be due to the state, and to the county, respectively.
§ 19. All officers who shall have made settlement with the courts as afore-
said, shall forthwith pay to the collector the full amount with which they stand
charged on such settlement, and in default thereof, the collector, shall enforce the
payment in the manner and by the means prescribed in the eight, ninth and tenth
sections of this article, in regard to taxes.
§ 20. Whenever the collector shall receive the amount due from any such officer,
by voluntary payment or by sale of goods, he shall give to such officer duplicate
receipts for the same, stating therein the whole amount received, how much for the
state, and how much for the countj,and the particular fund, if any, to which the
same belongs; and the officer taking such receipts, shall, without delay, deposit
one of them with the clerk of the county court.
§,21. Every officer required by this law to make settlement with the respective
courts, and pay over to the collector, who shall fail to settle his account in the
69
538 REVENUE.
time and manner prescribed, may be attached and imprisoned until such settlement
shall be made to the satisfaction of the court to which he is accountable.
§ 22. And every such officer who shall fail to pay the amount found due from
him on such settlement, and who shall be returned by the collector to the county'
court, as a delinquent, so that the collector shall be credited in his account with
the amount of the delinquency, shall forfeit five per centum per month upon the
amount due. from the time it ought to have been paid until collected, which may
be collected by suit upon his official bond, or otherwise, according to law.
§ 23. In all cases where licenses are made taxable by law, and required to be
issued by the county court, or the clerk thereof, the clerk shall, unless otherwise
provided in some other law, from time to time, issue as many blank licenses of each
kind as may be necessary, and deliver them to the collector, and charge him the
amount thereof, specifying, in every charge, the number and amount of each^kind
of licenses.
§ 24. Each blank license shall be signed by the clerk, and authenticated by the
seal of the court; and the collector, in granting every license, shall fill up and coun-
tersign one of the blank license delivered to him by the clerk, and no license, not
so signed, countersigned and authenticated, shall be available to the party claiming
to act under the same.
§ 25. The several county courts shall, at each regular term, cause the collector to
settle his account of all blank licenses with w^hich he stands charged, and, after giv-
ing him credit for all he may return, shall ascertain the amount due from him on that
account, and shall cause the same to be entered of record, so as to show the
amount due to the state and to the county, respectively, on each kind of licenses.
§ 26. In like manner and time, the collector shall be required to settle his ac-
count of all monies received by him from clerks, sheriffs, recorders and other officers,
on account of taxes, fines, penalties and judgments; and the settlement shall be
entered of record, so as to shew what is due to the state and to the county, respec-
tively, from what officer received, from what branch of revenue, and the particular
fund, if any, to which the same belongs.
§ 27. If any collector fail to make settlement in the time and manner prescribed,
he may be attached, until he make such settlement to the satisfaction of the county
court.
§ 28. Immediately after every settlement made by any collector with the coun-
ty court, a copy of the record thereof shall be certified and sent to the auditor of
public accounts.
§ 29. Whenever any collector shall be unable to collect any taxes specified on
the tax book, having diligently endeavored and used all lawful means to collect the
same, he shall make a list thereof, to be called the delinquent tax list, in which it shall
be stated, the names of all persons whose taxes cannot be collected, alphabetically
arranged, with the amount due from each; and a like list of all delinquent clerks,
sheriffs and other officers, hereinbefore required to pay to the collectors the amount
of revenue by them respectively received, to be called the list of delinquent officers.
REVENUE. 539
§ 30. In the month of November, of every year, the respective collectors shall
set up a copy of such delinquent list at the court house door of the county.
} 31. At the last settlement of the collectors, before they are required to make
their annual payments into the treasury, they shall return the delinquent list, under
oath, to the county courts, and the amounts thereof, or so much as the courts shall
find properly returned delinquent, shall be allowed and credited to the collectors
in their settlement.
§ 32. The delinquent lists allowed to any collector, shall be delivered to his suc-
cessor, who shall collect the same, if practicable, and account therefor as for the
tax book, and so on to every succeeding collector, until the whole shall be collected.
^ 33. Every collector shall, annually, on or before the first ]\fonday of December,
pay into the state treasury the whole amount of revenue with which he may stand
charged, deducting his commissions, and the treasurer shall give duplicate receipts
for the amount paid, one of which shall be deposited with the auditor within five
days after its date.
§ 34. After the year one thousand eight hundred and thirty -five, every collector
shall receive, as full compensation for his services in collecting the state and county
revenue, commissions as follows:
First, Upon all revenue collected on licenses, two per cent.
Second, Upon all revenue collected from clerks, recorders and other officers,
two per cent. Upon all other revenue collected, as follows:
First, Upon all sums not exceeding five hundred dollars, seven per cent.
Second, Upon all sums above five hundred dollars, and not exceeding one
thousand dollars, six per cent.
Third, Upon all sums above one thousand dollars, and not exceeding two
thousand, four per cent.
Fourth, Upon all sums above two thousand dollars, and not exceeding three
thousand dollars, three per cent.
Fifth, Upon all sums above three thousand dollars, two and a half per cent:
and the collectors shall be allow^ed five cents for every mile they
may necessarily travel in going to, and returning from, their place of
residence to the seat of government, for the purpose of paying reve-
nue into the state treasury, provided such compensation shall not be
alloned for mileage, more than once in each year.
§ 35. All officers required by this article, to receive and pay over to the collectors,
any part of the state and county revenue, shall receive, as a full compensation,
commission on the amount received at the rate of two per cent.
§ 36. Every collector, who shall pay into the treasury the full amount of the
state tax on the book, on or before the day prescribed, shall have the same lien
upon the property chargeable with the taxes advanced by him, as the state would
have if the taxes remained unpaid, and may proceed to collect the same, for one
year after such payment into the treasury, in the same manner as other taxes are
collectable, notwithstanding the appointment of another collector.
§ 37. If any collector shall, within one year after he has paid into the treasury
MO REVENUE.
the fuli amount of the state taxes in the tax book, publish such delinquent list as is
above directed, and return the same to the county court, the amount properly re-
turned delinquent shall be allowed to him by the court, and paid out of the state
treasury.
{ 38. Until the end of the year eighteen Jiundred and thirty-six, the several
county courts shall have power to appoint collectors for their respective countiesj
.a? heretofore.
ARTICLE IV.
Of the county revenue.
Sec. 1. County to make eoanty levy annually; upon what subjects tax to be levied.
2. Amount of tax nec&fe«ary to be raised, to be ascertained by tlic court and entered in the tax liook.
3. Amount to be raised, and rate of tax fixed, to be entered on the record; how.
4. Collector, after settlement, to pay amount due into county treasury, take receipt, .^c.
5. Penalty on collector for failing to pay over county revenue.
§ 1. The several county courts are empowered to levy such sum as may be
annually necessary to defray the expenses of their respective counties, by a -tax
upon all property and licenses made taxable by law for state purposes; but the
county tax shall in no case exceed the state tax on the same subjects of taxation,
for the same time.
§ 2. As soon as may be, after the tax book of each county shall be corrected and
adjusted according to law, the county court shall ascertain the sum necessary to be
raised for county purposes and fix the rates of taxes, on the several subjects of tax-
ation, so as to raise the required sum, and cause the same to be entered in proper
columns on the tax book.
} 3. Whenever the county courts shall ascertain the amount to be raised for
county purposes, and fix the rates of county taxes, they shall cause the same to
be entered of record, so as to shew the whole amount to be raised, and the propor-
tion which the rates of the county tax bear to the rates of the state tax, upon the
same subjects of taxation.
§ 4. Every collector of the revenue, having made, settlement, according to law,
of county revenue by him collected or received, shall forthwith pay the amount
found due from him, into the county treasury, and the clerk of the county court
shall give him a receipt therefor, under the seal of the court.
§ 5. Every collector who shall fail to make payment of the amount due from him
on settlement, in the time and manner prescribed in the preceding section, shal^
forfeit two and a half per cent, a month, on the amount wrongfully withheld, to be
computed from the time the amount ought to have been paid, until actual payment,
which may be recovered by suit on his ofTicial bond, or otherwise, according to law
REVENUE. 541
ARTICLE V.
Of the enforcement of the payment of the land tax.
Skc. 1 Taxes upon lands, &;c., to be a Hen until taxes are paid.
2. List of lands on delinquent tax list to be made out and certified to auditor; wlien.
3. Fifteen per cent, to be added and collected on such delinquent tax list.
4. Auditor to make out and transmit, annually, to clerk of county court and collector, a list of all such lands upon
which taxes remain unpaid for three years.
5. Such list to bo recorded by recorder, and, after one year, forfeited to the state.
6. Recording of list, and lapse of one year, full evidence that land is vested in the state; certified copies evidence, &.c_
7. Collector to cause notice of such list to be published; when, how, and contents of notice.
8. Lands thus situated may be redeemed; when, and on payment of what fees.
9. Taynient of taxes, costs and charges, to whom to be made.
10. If payment made to treasurer, proceedings.
li. If receipt for such payment be delivered to auditor before list is sent te collector and clerk, same to be corrected-
12. If such receipt be r.ot delivered to the auditor until after he has sent his annual list, proceedings.
13. If payment of such taxes, costs, &c., be paid to collector before he received auditor's list, proceedings.
14 If paid to collector after he has received auditor's list, proceedings.
15. List of lands redeemed at the treasury, to be furnished annually to clerk and collector.
16. The amount appearing to be due to any county, may be drawn out of the treasury; how.
17. List of lands redeemed from collector, to be certified to auditor; when; proceedings.
18. All lands forfeited to the state, to be sold by the collector, at the court house door of the county.
19. Sales, when to be made, and how conducted.
20. On payment of purchase money, collector to maketitle to purchaser.
21. Construction of th e term " land," used in this law.
22. No collector, or his deputy, to purchase at such sales; deeds made in such casrs void.
23. Purchaser failing to pay purchase money within five days after sale, proceeding of collector, &c.
24. Collector to publish names of purchasers, list of lands sold, and amount of each tract; when and how.
25. Collector to make settlement for money received on such sale, when, how, and proceedings of court in such ca8e_
26. Copy of such settlement to be certified to the auditor.
27. On such settlement, collector to pay over amount due the county.
28. The residue to be paid by the collector into the state treasury.
29. Compensation of collector for selling lands, collecting and paying over taxes, in such cases.
30. Penalty on collector who fails to perform duties imposed on him.
31. The nett proceeds of lands thus forfeited, to bo set apart as a fund for common schools.
§ 1. All taxes laid upon lands and town lots, whether for state or county purpo-
ses, and all penalties and interest imposed or charged for the non-payment of taxes?
shall be liens upon the lands charged therewith, until payment or forfeiture, not"
withstanding any change of title, by deed, judgment or otherwise.
§ 2. The collector of the revenue for each county, shall annually, on or before
the first Monday of December, certify, and send to the auditor of public accounts?
a description list (as in the tax book) of all lands on the delinquent tax list of his
county, the tax upon which has been credited to him in his settlement with the
county court.
§ 3. There shall be added to the taxes of all lands contained in such list, fifteen
per cent, upon the amount thereof, to be collected on the delinquent tax list by the
collectors.
§ 4. The auditor of public accounts' shall, annually, on or before the first day o*
J anuary in each year, certify and send to the clerk of the county court, and to the
collector of the revenue for each county, a descriptive list of all such lands, the
542 REVENUE.
taxes upon which have remained unpaid for three years, stating thei^sin the amounts
due for taxes, and for interest.
§ 5. The collector of the revenue, immediately after receiving such list, shall
cause the same to be recorded in the recorder's office of his county, and after the
lapse of one year from the day of recording the same, all the lands contained in
such list shall be forfeited to the state.
§ 6. The recording ofthe list, and the lapse of one year, as provided in the pre-
ceding section, shall be full evidence, in all courts and places, that the title to each
and every of the tracts of land and town lots contained in such list, has passed to,
and vested in the state; and a copy of the record thereof, sealed and certified by
the proper recorder, may be received in evidence in all cases.
§ 7. As soon as may be, after the recording of the list as aforesaid, the collector
for the county shall cause the same to be published in some newspaper of general
circulation, accompanied by a notice, that the lands contained therein will be
forfeited to the state for the non-payment of taxes, unless the same be redeemed
in one year from the time of recording the list (which time shall be stated in the
notice,) and that the same will be sold for the benefit of the state.
§ 8. Every person whose lands or lots shall be subject to forfeiture as aforesaid,
may redeem the same at any time before the actual forfeiture, by paying all taxes
due thereon, withinterest, at the rate of fifteen per cent, per annum, to be computed
from the time the taxes ought to have been paid, until actual payment, and all
costs occasioned by the delay.
{ 9. The payment may be made, either to the state treasurer, or to the collector
of the revenue of the county in which the lands are situate, at the option of the
owner.
§ 10. If the payment be made to the treasurer, he shall give duplicate receipts
for the amount, one of which shall be delivered to the auditor of public accounts,
who shall charge the treasurer therewith, and give to the owner of the land a cer-
tifir.ate, statmg the amount paid, and describing the land.
^ 11. If such receipt be delivered to the auditor before he has sent his annual
list to the collector, and clerk of the county court, as provided in the fourth section
of this article, the auditor shall correct the list by striking therefrom all lands
redeemed as aforesaid.
^ § 12. If such receipt be delivered to the auditor after he has sent his annual
list as aforesaid, the holder of the auditor's certificate, required by the tenth section
of this article, shall cause the certificate to be recorded in the recorder's office of
the county in which the lands are situate, and thenceforth the liens for all taxes
interest and charges, for all previous years, shall cea^e, but such certificate shall be
inoperative until recorded.
§ 13. If such payment be made to the collector of the revenue for the county
befoi-e he has received the auditor's list, as aforesaid, he shall give duplicate receipts
lor the same, shewing the amount paid, and describing the land, one of which
receipts shall be immediately deposited with the clerk of the county court, and, until
so deposited, the receipts shall be inoperative.
REVENUE. 543
§ 14. If the payment be made to the collector after he has received the auditor's
list, besides depositing one of the receipts with the clerk of the county court, as
above required, the party shall cause the receipt to be recorded in the recorder's
office of the county, and, until so recorded, the receipt shall be inoperative.
§ 15. The auditor of public accounts shall,^annually, on or before the first day of
January, certify and send to the clerk of the county court, and the collector of the
revenue for each county, a descriptive list of all lands which have been redeemed
at the treasury during the preceding year, stating therein , separately, the amount
of taxes, and of interest thereon, for the state and for the county.
5 16. The amount sO appearing to be due to any county, may be drawn for by
the county court, and the draft shall be audited and paid as other liquidated claims
against the treasury.
§ 17. Every collector sliall, annually, on or before the first day of January, cer-
tify and send to the auditor, a list, like that required of the auditor bythe fifteenth
section of this article, of all lands redeemed in his county during the preceding
year, and shall deposit a copy of such list with the clerk of the county court.
§ 18. All lands and town lots forfeited to the state, in virtue of this law, shall be
sold by the collector of the revenue for the county, at public auction, for ready
money, to the highest bidder, at the court house door of the county.
{19. The sales shall be made during the session of the circuit or county court,
at the first term which shall happen after the lapse of ninety days from the date
of the forfeiture, and shall be advertised and conducted in the same manner, as
nearly as circumstances will permit, as in case of lands sold under executions issu-
ed on judgments at law.
§ 20. The collectors, on receiving the purchase money, shall make quit claim
deeds for the lands sold, which shall assign and convey to the purchasers all the
right, title and interest of the state, in and to the land sold.
§ 21. The termland, as used in this law, shall include all leasehold interest in land,
for the term of twenty years or more.
} 22. No collector, or his deputy, shall be in anywise interested or concerned in
the purchase of any land, which may be sold in virtue of this law; and every deed
or conveyance, by which any such land may be attempted to be conveyed to, or
for the use of, any collector or his deputy, either directly or by way of trust, or any
device or pretence whatever, is declared null and void, and the title to such land
shall remain in the state.
§ 23. If any purchaser of land, at a collector's sale, shall fail to pay the puixhase
money within five days after the sale, the collector shall re-sell such land at the risk
of such purchaser, giving ten days previous notice of the time and place of such
re-sale; and if the land shall sell for less than was bid by the first purchaser, the
difference may be recovered from him in a summary way, by motion in the circuit
court, giving him ten days notice of the motion.
§ 24. Within twenty days after any sale, as aforesaid, the collector shall publish
in some newspaper of general circulation in the county, a list of the lands sold,
544 ROADS AND HIGHWAYS.
with the names of the purchasers, and the amount for which each tract or lot was
sold.
§ 25. At the first regular session of the county court, after any such sale and
publication, the collector shall settle with the county court for all moneys received
in virtue of such sales, which settlement shall be entered of record, so as to shew
the whole amount of money received; how much belongs to the county for taxes
and interest, and the amount of costs necessarily incurred by the collector, for
recording and publishing the auditor's list, for advertising the sales and publishing
the list thereof, and for making deeds to the purchasers, which costs shall be credit-
ed and allowed to the collector.
§ 26. As soon as may be, after such settlementj'^the clerk of the county court
shall certify and send to the auditor of public accounts a copy of the record thereof*
{ 27. Upon every such settlement, the collector shall forthwith pay to the treas-
urer of the county, the amount found due to the county, as aforesaid, for taxes and
interest, deducting only his commissions allowed by law.
§ 28. The residue shall be paid by the collector into the state treasury, in the time
and manner prescribed by law for other revenues of the state.
§ 29. The collectors shall receive as a full compensation for all services rendered
by them, in selling lands as aforesaid, and in collecting and paying over the state
and county revenue arising from such sales, commissions at the rate of five per
cent, on the amount so collected and paid over.
} 30. Every collector who shall fail to perform any duty hereby imposed, in the
time and manner prescribed, shall be subject to all the remedies and penalties
provided in the general law on the subject of the collection of the revenue.
{ 31. The nett proceeds of the sales of land forfeited for non-payment of taxes^
under the provisions of this article, after deducting taxes and penalties due the state
and county, and the expenses of sale, shall be set apart as a fund for the support of
common schools.
Approved, March 14^/i, 1835.
ROADS AND HIGHWAYS.
An act for the opening and j-epairing public roads and highways.
Sec. 1. Roads, by whom established, vacated, &c.; width of roadf; how to be cleared out; when to be bridged or cause-
wayed.
2. Applications for new roads, how made.
3. Notice of such application, when and Iiow to be given.
4. In what cases, and when, court to appoint three disinterested householders as viewers.
5. Viewers to take oath, and proceed to view, lay out, and maric such road; when; not to run through enclosures;
when.
6. Copy of proceedings of viewers to be certified to court; proceedings of the court thereon; objections may be made.
7. Any person aggrieved by road passing through their land, may remonstrate to the court; court to appoint review-
ers in such cases, and a day and place for them to meet.
8. Beview»rs to meet and take an oath and proceed to discharge their duties; proceedings reported to the next
court.
ROADS AND HIGHWAYS. 5.45
9. If reviewers assess damages, or report unfavoralily, proceedings of court; in either event, liow costs to be paid.
10. If ten IiouseUoldeis, &;c., olijcct to the establishing a road, &c., otlicr reviewers may lie appointed; liovv to pro-
ceed.
il. If reviewers report against llic utility of tlie road, same not to lie cstablislicd; if favorably, road to be opened;
costs, liow paid.
12. Application, how and to v.hom made, for permission to turn road, for tlie purpose of cultivating land.
13. Three viewers to be appointed in such cases; report of their proceedings, how and when to be made.
14. Upon report being made, in what cases court to vacate that part of road, &;c.; reviewers report to be recorded.
15. & 16. Proceedings to change a state road.
17. When state road is opened, may he^changcd according to tlie two preceding sections; old road not to be vacated,
until when.
18 to 22. Trocecdings, vv'hen such allcratior.s are proposed to be made, extending from one county into another.
23. Compensation to commissioners, surveyors, chain-bearers, and marltcrs, in such cases, and costs, how paid.
24. Twelve householders of a township may petition to vacate a road.
25. Tetition to be publicly read, on first day of the court to which it is presented, and continued until next court.
56. On tlie first day of next court, to he read again; if there be no remonstrance, road to be vacated; costs.
27. If a remonstrance be made, viewers to be appointed; how governed, &c.; judgment of court conclusive.
28. Court to lay off counties into convenient road districts; overseers to be apj)ointed; their term of service.
29. Who liable to worli on roads, at least two days in each year.
SO. Road tax to be levied on real estate, including non-residents, also, upon all licenses; to be accounted for Iiy cal-
lector; la.v may be discliarged in work, at seventy-five cents a day.
31. List of persons owning real estate, to be made out by proper clerlt and delivered to overseer; how and whcii, <S-c"
32. Duty of clerk when he maiies out tlie duplicate for the current year, in reference to road lax on non-residents
lands.
33. Collectors to collect road tax, how; if same be not paid, non-residents lands to be sold, and how; overseer's re-
ceipt good for the tax; money in treasury to be paid to oversstrs.
34. Tax to be levied on town lots in incorporated towns; how collected, appropriated, .Sec,
35. Penalty on persons lidble lo worii, for failing to attend and work the road, ^-c, wlien they iiave been notified.
33. Overseers to account for, and expend on tlie road, moneys received; competent witness in suits, and not liable
for costs,
37. What deemed sufficient notice for hands to worlc on the road.
38. Persons wlio furnish, at request of overseer, a plough, carl, or wagon and horses, i^-c, to be allowed, how mui;b.
39. Penalty on persons refusing to accept appointment of overseer; how often and how long they s'.iall serve.
-10. Road district to be assigned to each overseer, and certificate of his appointment to be forwarded; its contents''
list of hands in said district to be made out by overseer.
41. Sheriff to serve appointments on overseers; to be rc'.urned and recorded.
42. Roads to be worked, how often, and when.
43. Ditches or drains may be opened on lands adjoining or near the road, when necessary.
44- Timber may be cut on land adjoining or near the road, when necessary for repairing, &c,
45. Proceedings where persons are aggrieved, by cutting such timber.
46. Posts to be set up at forks of roads, in what manner; penalty for failure; compensation to overseer in siich case,
47. Penalty on persons for defacing or demolishing such post; how recovered.
48. Penalty on persons who unnecessarily obstruct roads.
43. Overseers to sue for such penalties; when, and how.
50. Further penalty on persons for permitting such obstructions to remain in t!ie road.
51. Owner to remove obstructions out of roads running through or bordering on his plantation; how compensated.
52. Penalty on overseers failing to discharge the duties enjoined on them by this act.
53. Bridges, by whom, how, and when to be built by order of court, when part has been raised by voluntary cohtrf
hution.
54. Superintendents for that purpose to take oatli, and certinad copy fUed ^vith clerk.
55. Notice of time and place of making contract to be given; contract to be in writing, and filed with clerk; compen-
sation of superintendents.
56. Undertakers to give bond and security.
57. Contributions for building bridges to be applied by the coiirt for that purpose.
58. Toll bridges may be butlt, when, and under what restrictions,
59. Money in treasury belonging to road fund, may be appropriated to build bridges.
60. General duties and powers of overseers, in causing hands to work, collect fines, appropriate tlieni, Ilc; to keep
and render accounts on oath, pay to his successor moneys. Sec.
61. Penalty on overseer failing to perform certain duties; duty of his successor, and justice, in such (Jascs.
62. Proceedings and duty of court, where road shall, or heretofore has been established on county line,
70
546 ROADS AND HIGHWAYS.
Be it enacted by the general assembly of the state of Missouri, as follows:
5 1. That all public roads and highways shall be opened and repaired agreeably
to the directions of this act; and the county court shall have authority to make
and enforce all orders necessary, as well for establishing and opening new roads,
as to change or vacate any public road or part thereof, in their respective counties.
All public roads shall be cut out not less than twenty, nor more than forty feet
wide, to be determined, from time to time, by the county court ordering the open-
ing the same, accordmg to the supposed utility of said road. All public roads shall
be cleared of trees, and limbs of trees, which may incommode horsemen or carria-
ges, and no stump, in any public road, shall exceed eight inches in height; wet
grounds and small water courses shall be causewayed or bridged, in such manner
as to enable horsemen and carriages to pass with safety.
} 2. Application for new roads shall be made by petition, signed by at least
twelve householders of the township or tov/nships in which such road is desiredj
three of whom shall be of the immediate neighborhood, specifying the proposed
beginning, course and termination thereof.
§ 3. Notice of each intended application shall be given by advertisements, in
in two or more public places in said township or townships, at least twenty days
prior thereto.
' § 4. The said court, when the petition is presented and publicly read, and upon
proof of notice as above, shall, if they deem the road prayed for necessary, ap-
point three disinterested householders of the county as viewers thereof.
§ 5. The said viewers, or a majority of them, having taken an oath or affirma-
tion, faithfully and impartially to discharge their duties, shall proceed to view the
route proposed, and, if they deem it of public utility, lay out and mark such road,
on the best ground that can be obtained, no.t running through any person's enclo-
sure, without the owners consent, unless a good way cannot otherwise be had.
5 6. The said viewers, or a majority of them, shall make and certify a copy of
their proceedings to the ensuing session of the court, when the same shall be pub-
licly read; if no objection be made to such proposed highway, the said court shall
cause a record thereof to be made, and order the said road to be opened and re-
paired, a necessary width, not exceeding forty feet, which shall thenceforth be a
public highway.
} 7. If any person, through whose land the said road may run, feels aggrieved
thereby, such person may set forth his, her or their grievances, by way of remon-
strance, and the said court shall thereupon appoint three disinterested householders,
and assign a day and place for them to meet.
§ 8. The said householders, having had five days notice from either of the par-
ties, shall meet and take an oath or affirmation, faithfully and impartially to dis-
charge the duties assigned; they shall then, or on any other day prior to the next
county court, to which the majority may adjourn, proceed to review the proposed
road, and assess the damages, if any, which such objector or objectors will sustain
ROADS AND HIGHWAYS. M7
from such road being opened and continued through his, her or their lands, and
shall report the same to the next county court.
§ 9. If the majority of said reviewers assess and report damages in favor of the
objector or objectors, the costs and damages shall be paid out of the county trea-
sury, if in the opinion of the county court it should be done; but if the majority
report unfavorably, the objector or objectors shall pay the costs.
§ 10. If any ten householders of any township or townships, through which the
proposed road may run, shall object at the time, and in the manner aforesaid, to the
Utility, other reviewers may be appointed, who shall proceed as before directed,
§ 11. If the majority of the said reviewers report against the utility of said
road, the same shall not be established; and the petitioners shall pay the costs that
shall have accrued; but if they report favorably thereto, the objectors shall pay the
costs of the review, and the road ordered to be opened and recorded.
§ 12. Any person or persons wishing to cultivate land thi'ough which any road
may run, may petition the county court, or any justice thereof in vacation, for
permission to turn such road on his, her or their own land, or the land of any
other person consenting thereto, at his, her or their expense.
§ 13. The court, or such justice, shall thereupon appoint three viewers, who shall
proceed to view the same and report the respective distances and situation of the
ground of the established and the proposed road, and report at the first term of said
court thereafter.
§ 14. If upon the report, the county court being satisfied that the public will not
be materially injured by such change, they shall order the same, and upon satis-
factory assurance of said road being opened equally convenient for travellers, the
county court shall vacate so much of the former road as lies between the different
points of intersection, and record said reviewers report.
§ 15. Any person or persons desiring to change any state road passing through
his, her or their lands, may apply for that purpose to the county court of the proper
county, by petition, signed by twelve householders of the proper township or
townships, particularly setting forth the part prayed to be altered.
§ 16. The said court shall thereupon appoint three disinterested householders of
the proper county, as comimissioners, who shall meet within twenty days there-
after, and having taken an oath or affirmatien, faithfully and impartially to dis-
charge the duties assigned, proceed to view the established and proposed road, and
if justice and the public good require such alteration, they shall lay off and mark
such new way, and, report their proceedings in writing under their hands, to said
court, which shall be filed and recorded in the clerk's office, and such alteration
shall be part of said state road, and opened accordingly, and the old part vacated.
§ 17. That when any state road is opened, it may be changed agreeably to the
two foregoing sections, but the old road shall not be vacated until the person or
persons applying for such alteration, shall open and repair the new, full equal to
the old road.
548 HOMiS AND HIGHWAYS.
§ 18. When any alterations as aforesaid shall be proposed to extend from one
county into another, twenty-four householders of either county, may file their pe-
tition, setting forth the part of the road proposed to be altered, with the clerk of the
county court of the proper county, at least forty days before the term at which
tiiey may make such application; whereupon the clerk of said court shall forthwith
notify the clerk of the adjacent county, in writing, that such petition has been
filed, and transmit him a copy thereof; and the clerk receiving such notice and
Qopy, shall lay the same before the county court of his county, on the first day of.
the next term.
§ 19. The said courts, respectively, shall appoint, on the part of each county,'
three disinterested householders as commissioners, and the court receiving the copy
shall set a day (not under forty days) for the meeting of the respective commis-
sioners, at the dividing line of said counties, and as near as may be, the point
■\yhere the proposed road ci'osses.
\ 20. The clerk of the said last mentioned court, shall forthwith give written
information to the sherift' of the county, where the original petition was filed, of
the time and place of meeting of said commissioners, and the sherifis of said coun-
ties shall notify, respectively, the commissioners at least ten days before the
meeting of the same.
§ 21. The commissioners, appointed as aforesaid, shall meet at the time and
place specified, and, after taking the proper oath or aflirmation, proceed to discharge
the duties assigned, being governed by the requisitions of the sixteenth section of
this act, except, that the commissioners shall report their proceedings to the next
term of said courts, respectively.
5 22. If the majority of said commissioners report in favor of the alteration of
said road, the said courts, upon being satisfied that the provisions of the seventeenth
section of this act have been complied with, by opening the new way, shall cause
so much of said road as lies in each county, to bH recorded as a state road, and
vacate the old one.
§ 23. The commissioners appointed under the provisions of this act-, and the
purveyors, chain-bearers and markers, they may necessarily employ, shall severally
receive such reasonable compensation as the court may allow, which, together
with all legal costs, shall be paid by the person or persons applying for such alter-
ation.
5 24. Any twelve householders of a township or townships, may make appli-
cation to the county court, by petition signed by them, for the vacation of any
Toa^' or highway as useless, and the repairing thereof an unreasonable burthen to
^' *^,,,t% -^.T» "'' townships.
6 25. The petition Slitiw^ ^^ publicly read on the first day of the session At which
it is presented, and the matiejr GOjitmued, without further proceedings, to the nex*
court.
§ 26. At the next court, in course, the same shall be egain publicly read on the
first day, and if no remonstrance be made thereto in writing, signed by twelve
ROADS AND HIGHWAYS. 549
householders, the court may proceed to vacate such road, or any part thereof, and
the cost and charges shall be paid by the petitioners.
§ 27. It' a remonstrance, in manner aforesaid, be made, the court shall appoint
viewers, who shall be governed as those appointed in similar cases. The judgment
of the court shall be conclusive in the premises.
§ 28. The several county courts throughout this state, shall lay off their several
counties into convenient road districts, and number the same, and appoint some
suitable person who is subject to work on public roads, as overseer of the same,
who shall serve at least one year, and until he shall give the county court notice of
his intention to serve no longer, and satisfy the court that his road is in good order,
or unless the county court shall appoint some other person in his place.
§ 29. All able-bodied male inhabitants, over the age of eighteen years, and under
the age of forty-five years, havmg resided in this state three months, and in the
district one month, shall work on roads and public highways, at least two days in
each year.
§ 30. All persons, non-residents included, being tlie owners of any real estate?
shall pay a road tax thereon, an amount not exceeding one-half of the state tax
chargeable thereon. There shall also be levied on all licenses issued by the clerk
an additional road tax, not exceeding ten per cent; and the collector shall pay the
same, when collected, into the county treasury as other road taxes; but such per-
sons may discharge the road tax thu.^ imposad," by working under the overseer of
their proper road district, at the rate of seventy-five cents per day.
§ 31. The clerks of the proper courts shall make out a list of the names of all
persons holding real estate, whether by patent, deed, bond or otherwise, and annex
the amount of road tax charged thereon, and deliver the same to the proper over-
seer, on or before the first of July, annually, and the said overseer shall hand over
the same to his successor.
§ 32. The said clerk, when he makes out the duplicate for the current year, shall
enter, in a separate column, the amount of road tax assessed upon real estate of all
non-resident proprietors, the gross amount of which he shall certify to the treas-
urer, at the same time he certifies the amount of public revenue.
§ 33. The collectors of the state and county revenue of the several counties
shall collect the said road tax so assessed, as county revenue is collected- and if
the same be not paid, such lands shall be sold at the time and in the manner provi-
ded for the sale of non-resident lands for state and county taxes, and pay it over,
when collected, to the county treasurer of the proper county; provided, however,
that said collector shall receive in payment of such road tax, the certificate or re-
ceipt of the road overseer of the proper road district, and file the same with the
county treasurer, and the county treasurer shall, from time to time, pay to the sev-
eral overseers of roads, the amount of road tax paid into the county treasury, for
their respective I'oad districts.
§ 34. That there shall be assessed on all town lots, in unincorporated towns, a
road tax; equal to one-half of the county tax thereon, to be collected or worked
550 ROADS AND HIGHWAYS. i
out in the same manner as is provided for lands owned by residents and non-resi-
dents, the labor to be bestowed to the improvement of the streets of said town.
§ 35. Each person made liable to work on roads and streets by this act, who fails
to attend in person, or by satisfactory substitute, at the time and place appointed,,
with proper tools or instruments, having had three days notice thereof, or, having
attended, shall spend his time in idleness, or disobey the overseer, shall forfeit sev-
enty-five cents for each such delinquency, to be recovered by action of debt, in
the name of the overseer, before any justice of the peace of the proper county.
§ 36. That said overseer shall be accountable for the sums received as aforesaid,
and shall expend the same in repairing the roads in his district, and in suits brought
by the overseer in pursuance of this act; he shall be a competent witness, and on
any suit as aforesaid, he shall not be liable for costs.
§ 37. Where the overseer has not an opportunity of giving personal notice of"
the time amd place allotted for such work, a written notice thereof, left at the dwell-
ing or usual place of abode of the party, with some white person of the family,
over the age of fourteen years, shall be deemed sufficient.
§ 38. Every person who shall, at the request of the overseer of his road district,
furnish a plough, cart or wagon, with a pair of horses or oxen, and driver, shall be al--
lowed for each day's work, the sum of two dollars, and for such services, with a
greater or less force, in proportion.
§ 39. Any householder refusingto accept said appointment of overseer, shall
forfeit and pay the sum of ten dollars, to be recovered before any justice of the
peace, as other fines; provided, that no person shall be compelled to accept said ap-
pointment oftener than once in four years, or to serve as overseer for any longer
time than twelve months.
§ 40. To each of the overseers appointed, the county court shall assign his road
district, and cause to be forwarded to him a certificate of his appointment, setting
;{r)rth the boundaries of his district, and requiring him to cause all dead or dry tim-
ber, standing within forty feet of said road and leaning towards the road, to be cut
down; and the overseer shall make out a list of all hands subject to work in said
road district.
§ 41. The sheriffs of the several counties shall deliver to the overseers, respec-
tively, their appointments, and make return thereof to the clerk of said court, who
shall enter the same on the record of said court.
§ 42. As often as the roads and high v/ays within tlie district of an overseer, shall
require opening and repairing, he shall call out the hands allotted to him, oversee
and work upon, open, clear and repair.
§ 43. It shall be lawful for any overseer, or any person by his order, to enter
upon any lands adjoining or laying near tne road in his district, and cut or open
such ditches or drains as shall be necessary for the making or preserving of said
road.
§ 44. Every overseer shall have full power to enter upon any unimproved lands
adjoining or near to the roads, and cut down any wood or trees, -and carry off the
ROADS AND HIGHWAYS. 55 j
same, as may bd necessary for making or repairing said road, doing as little damage
as may be, to the owner of such land.
§ 45. If any person feels himself aggrieved by the cutting or carrying away of
such timber from his, her or their lands, such person may apply to the county court,
who shall appoint three disinterested householders, who, after taking the proper
oath or affirmation, shall proceed to assess the damages, if any be, which shall be
paid out of the county treasury.
§ 46. Every overseer shall erect and keep a post at the forks of every road and
highway within his district, containing a legible insci'iption, directing the way,
and mentioning the distance to the most remarkable place on the road, under the
penalty of five dollars, to be recovei'ed and applied as othor road fines; and every
such overseer shall be entitled to the sum of one dollar for every post or sign so
erected, out of the road fund.
§ 47. Any person who shall intentionally demolish such post, or deface, or alter
any inscription thereon, shall, for every such offence, forfeit and pay to said over-
seer the sum of ten dollars, if a white person, and if a black person, then the mas-
ter or owner, on proof of the same, shall pay ten dollars, to be recovered before
any justice of the peace of the proper county, for the use of the roads in said
district.
§ 48. If any person shall obstruct any public road unnecessarily, and to the
hindrance of any passengers, such person shall forfeit a sum not exceeding ten
dollars.
§ 49. The overseers, respectively, shall, as often as informed of such obstructions
commence suit against the person obstructing as aforesaid, before any justice of
the peace of the proper township, which shall be prosecuted as for debts of similar
amount.
§ 50. Every person fined as aforesaid, shall forfeit one dollar for eveiy day he
may suffer such obstruction to remain to the hindrance of passengers, to be recov-
ered as aforesaid.
§ 51. When a public road or highway shall run through, or border on, any plan-
tation, and become obstructed by the falling of trees or otherwise, it shall be the
duty of the owner of such plantation to remove such obstructions, so soon as the
same shall come to his knowledge; for which, the overseer of such road shall give
him a reasonable compensation, by a credit on his liability to work on roads.
$ 52. In all cases where the overseer shall wilfully fail or neglect to keep his
road in good repair, or to faithfully appropriate monies collected or received for
the use of his road, or in any manner to comply with the duties required of him
by this act, he shall forfeit and pay a sum not exceeding twenty dollars, to be re-
covered before any justice of the peace of the proper township, for the use of his
road district.
§ 53. Whenever in the opinion of the county court, the public convenience shall
require that a bridge shall be built over any water course, they shall direct the
overseers to build the same, if they deem it expedient, or they may appoint three
resident persons of the proper township as superintendents of the building thereof;
»j52 roads and highways.
provided, no Lridge shall be thus built, unless one third of the amount necessary
for building the same, be raised by Voluntary subscription.
§ 54. The said superintendents shall take an oath or affirmation, before some
person duly authorized to determine the same, faithfully and impartially to dis-
charge their duties, a certified copy of which, shall be filed in the clerk's office oi
said court.
§ 55. The said superir^tendents shall advertise, in the most public places in the
county, the time and place they will contract with some fit person to build such
brido-e, vv'hich contract shall be in Vv'riting, signed by the parties contracting, and
filed in the proper clerk's office; and the court shall allow the superintendents a
reasonable compensation for their services.
§ 56. Bond and security shall be required from the undertakers of such bridge,
which shall be approved by the county court.
§ 57. The court may receive from individuals, subscriptions and donations, as a
contribution towards the building of such bridge, which shall be applied accord-
ingly- _ ^ ...
§ 58. If in the opinion of the county court, it would be of public utility to have
a bridge built over any river or creek, where money cannot be obtained by sub-
scription or taxation, without oppressing the people, to build the same, they are
hereby authorized to empower any individual or individuals to build the same under
the rules and regulations that ferries are established; provided, the person or per-*
sons building such bridge shall always be bound to transfer the same, at any time, to
the county, at ten per cent on cost, when the county shall be willing to pur-
chase it.
§ 59. The county court may appropriate any money that may be in the county
treasury, belonging to the road fund, to the building of bridges in said county.
§ 60. Each overseer shall cause all the hands in his district, to work the number
of days required by law, or collect from each person seventy-five cents for each
day he fails to work, and keep an exact account of the work done by each man,
and money collected for the use of roads, and return an accurate copy thereof to
the clerk of the county court, at the first court after the expiration .of the time for
which he shall have been appointed, and pay to his successor all monies collected
as aforesaid, not expended upon his road, v/hich account he shall attest under oath;
provided, that in all cases when the hands allotted to any road shall have performed
the number of days work required of them by law, if such road shall remain un-
finished, it shall be the duty of the overseer of such road, to call the hands assigned
him, to complete such road.
i 61. If any overseer shall fail to keep or return an accurate account of the
work done, or money collected as aforesaid, or shall fail to pay over to his succes-
sor the money which may remain in his hands unexpended, he shall, for each offence,
pay not less than ten, nor more than thirty dollars, to be recovered in the name of
the state, before any justice of the peace, by any householder in the county, for the
use of his road district, which shall be paid by the justice collecting the same to the
successor of said overseer, and give him therein a list of all judgments obtained by
ROAD AND CANAL FUND. 5.^)3
his predecessor, not collected, vvdio is hereby authorized to collect the same as if
they were obtained in his own name.
§ 62. When any public road shall be established on a county line, or has here-
torore been established, the county court in their respective counties shall cause
the same to be opened and repaired in the same manner as if the whole of said
road was in the limits of the county.
Approved, March 13///, 1835.
ROAD A N D C A N A I. F U iN D .
An act concern'mg ilia mad and canal fund.
Sec. 1. State tre;\surcr to draw the three per cent, fund accruing to this state from United States.
2. S?uch money to constitute a separate fund, called the road and canal fund; to be arcountcJ for as such.
3. Amount received by treasurer to be reported to the auditor, stating amount and time of receipt.
4. To be divided and paid to tl:e several counties, according to representation by hist apportionment.
5. Division of the fund to be made annually or scnu-annually; when.
€. Apportionment and division to be made by treasurer and auditor; notice, JJ-c, to be given each clerk of coui.ty
court.
7. Each county may draw their portion, to I e put in county treasury, to consLitute tl.e county road and canal fund
8. Such fund shall be applied by the court to constructing or improving roads, bridges or cana's-
9. Liability of each memlKir of the county court for misapplication of the fund.
10- Two or more counties inay unite their funds, to construct or improve roads, bridge?, or canals; wlicn.
11. Fiind may be appropriated to tlie objects prescribed, or loaned out at interest; how managed in ?nch case.
12. Co\irt to make biennial report to auditor; its contents.
13. Treasurer to open separate account with each county; what lie shall state in his Ijieniiial report in rcspct lo said
fund.
14 No compensation allowed to county treasurer under this act.
Be it enacted hij the general assemldy of iJie stale of Missouri^ as foUoics:
5 1. The state treasurer is authorized and required, from time to time, to draw
for and receive from the secretary of the treasury of the United States, all sums
of money which may accrue to tlie state, on account of the three per cent, of the
nett proceeds of the sale of the public lands of the United States, \y'vcig within the
state of Missouri, according to the laws of the United States, ond deposit the
same in the state treasury, subject to the disposition of tlie general assembly, for
the imp)'ovement of the country by roads and canals.
§ 2. The moneys received on the account aforesaid, shall constitute a separate
fund, to be called the road and canal fund, and sliall be managed, stated and account-
ed for, separately from the general revenues of the state.
§ 3. Whenever the treasurer shall receive any snin of money on account c-f the
read and canal fund, he shall, without delay, report the same to the auditor of pub.
lie accounts, stating tlie amount received, and tlie time of the receipt thereof.
§ 4. U.atil otherwise provided by law, the road and canal fund shall be divided
and paid to tlie several counties in the state, in proportion to their right of repre-
sentation in the house of representatives, according to tl;e then last apportion-
ment of I'epresentativeSi
71
554 KOAD AND CANAL FUND.
§ 5. The division of the fund shall be made semi-annually, if the amount in the
treasury be large enough to make the share of the county having the greatest rep"
resentation amount to five hundred dollars, and if not, annually.
§ 6. The apportionment and divison of the fund among the counties, shall be
made at the treasury, by the treasurer and auditor of public accounts, who shall,
without delay, give notice thereof, and that the money is ready to be paid to the
respective counties, by a letter written to the clerk of the county court of each
county.
§ 7. The county courts shall have power to draw for, and receive from the state
treasurer, the amount of their respective shares, which, when received, shall be
placed in the county treasury, and constitute a separate fund, to be called the
county road and canal fund, and shall be managed, stated and accounted for, sepa-
rately from the general funds of the county.
§ 8. The county court shall have control of the county road and canal fund, and
shall cause the same to be applied to the construction or improvement of roads,
bridges or canals, and to no other object.
§ 9. If by order of any county court, any part of the fund shall be misapplied
to objects other than roads, bridges and canals, the members of the court, present
at the time of making the order and consenting thereto, shall be individually liable
for the amount so misapplied, and the same may be recovered by suit, in the name
of the county for the use of the said fund.
§ 10. If two or more counties (acting by their respective courts) shall think
proper to unite their funds, for the construction or improvement of any road,bridge
or canal, of common utility, they are authorised to do so; and any contracts which
they may jointly make for the more convenient accomplishment of the common
object, shall be as binding as in case of a single county.
§ 11. The several county courts may either appropriate the funds directly to the
objects prescribed, or if thought best for the permanent interest of the county,
may lend the same at ten per cent, interest per annum, taking care, in every in-
stance, to require good and ample security. The interest accruing on every such
loan, shall be added to, and make a part of, the fund.
§ 12. Each county court shall, biennially, make a report to the auditor of pub-
lic accounts, for the information of the general assembly, containing a full and par-
ticular account of the condition of the fund; stating how the same, and every part
thereof, has been applied, or disposed of; what works of internal improvement
have been constructed or mproved; what works have been iundertaken and are in
progress; the amount applied to each object; the money lent at mterest, and on
what security; and the amount of losses, if any.
§ 13. The treasurer shall open a separate account of the I'oad and canal fund,
with each county in the state; and, in his biennial report to the general assembly,
shall set forth the condition of the fund, shewing how much has been received into
the treasury since the last biennial report; how much has been apportioned and
paid to each county; what counties, if any, have failed to draw their shares, and
how much remains for distribution.
SALARIES.— SALINE LANDS. 555
§ 14. No compensation shall be allowed or paid to any county treasurer for the
performance of any duty in relation to the county road and canal fund.
Approved, March 7th, 1835.
SALARIES.
An act jftxing the salary of civil officers.
Sbc. 1. Compensation of civil officers.
2. Accounts to be presented to the auditor, and drawn for, quarterly.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. The officers of state, shall receive for their services annually, the follow-
ing sums:
First, The governor, the sum of fifteen hundred dollars.
Second, The judges of the supreme court, each, eleven hundred dollais.
Third, The judges of the circuit court, each, one thousand dollars.
Fourth, The secretary of stale, and state treasurer, each, the sum of one thou-
sand dol'ars, +0 include all demands against the state, for clerk hire.
FiftJi^ The auditor of public accounts, the sum of fifteen hundred dollars, to
include all demands against the state, for clerk hire.
Sixth, The attorney general, five hundred dollars; and.
Seventh, Each circuit attorney, two hundred and fifty dollars.
§ 2. The above salaries shall be paid out of the treasury, in four equal instal-
ments, one at the end of each quarter of a year; and the ofhcers shall present
their accounts to the auditor, who shall draw his warrant therefor, upon the treasury,
to be paid out of the appropriations made for the payment of civil officers of
government.
Approved, March Xlth, 1835.
SALINE LANDS.
An act respecting saline lands.
Sbc. 1. What lands may be disposed of at private sale; and by what subdivisions.
2- Lands, from whom and how purchased; certificates of, liow made, &c.; patents fo be issued; how signed, &c.
3. Treasurer to record certificate of purchase, and secretary to fix seal of state; no compensation allowed.
4. Two persons at same time apply for same land, to be put up to highest bidder.
5. Patents issued by auditor to lie recorded.
6. The Elk saline and the Laraine saline, sale of, when, how, where, and by whom conducted.
7. Penalty on persons committing certain trespasses and waste, &c., on saline lands.
8. Duty of judges and justices of the peace in such cases.
9 &. 10. Their powers, duties and privileges.
11. Agents may be removed, when; lands not to be leased for purpose of salt making.
12. Judges of circuit, courts to give this act in charge to grand juries; duty of juries. ,
55(3 SALINE LANDS.
i?j it cnacleJ. hy the general asacmUij of t/ie state of Missouri, as follows:
^ 1 All the saline landsrctnaining unsold, except the Elk salines, and the Lauiinc
salines, (and the lands adjacent to the same, containing thirty-eight hundred and
forty acres each,) ma}' be disposed of at private sale, in sections, half sections,
quarter sections, lialf quarter sections, and half of half quarter sections, and in
the manner hereinafter prescribed.
§ 2. The person wishing topurchasa saline lands shall pay into the treasury o f
this state, the sum of one dollar and twcnty-Hve cents per acre for the tract he
may wish to purchase, and the treasurer shall give to the person thus 'paying, a
certificate, stating the amount of money received, from whom received, and the
number of the tract, range and township; which certificate shall be produced to
the auditor, Vvho shall record the same in a book kept for that purpose, and shall
file said certificate in his office, and make out a patent for the land mentioned in
the same; granting to t!ic purchaser, on the part of the state, the fee-simple in said
land; the patent shall be signed by the governor, be under the seal of the state, and
countersigned by the secretary of state,
§ 3. Tiie treasurer, before he deliver any certificate as aforesaid, shall record the
same in a book kept for that purpose; and the secretary of state shall fix the seal
of state, for which services they shall receive no compensation.
§ 4. If tv/o or more persons shall apply at the same time for the purchase of the
same tract of land, the treasurer shall offer the same to the highest bidder, and the
person making the highest bid shall be entitled to the land.
§ 5. All patents issued for land, in pursuance of this act, shall be recorded by the
auditor in the book provided for recording the patents for seminary lands.
§ G. The register and receiver appointed by tliis '-act, supplementary to an act,
to provide for the sale of the saline lands," approved, January nineteenth, eighteen
hundred and thirty-three, shall, when required by the governor, offer at public sale,
at the tovv'n of Bocnville, in the county of Cooper, the Elk saline, and the Lamine
saline, and the lands belonging to each, as designated in the first section of this act.
►Said sales shall be conducted in the same manner, and under the same rules and
regulations, and titles to be made in the same manner as pointed out by the act
aforesaid; and after said public sale, said lands shall be subject to private sale, as
provided by this act.
§ 7. If any person attempt to work any of the salines, or settle on any of the
jmdo attached to the salines belonging to this state, without first having obtained a
license for the same, as required by this act; or shall cut, carry away, or destroy
any timber, or shall carry away or destroy, or cause to be carried away or destroy-
ed, any building, or other pro[)crty belonging to the state, found or being on any of
the lands belonging to this state, shall, on conviction thereof, by indictment, be fined
^n a sum not less than twenty dollars, nor more than three hundred dollars, at the
discretion of the court, or jury, trying tlie same.
5 0. All judges and justices of the peace, upon information to them on oath, or
upon their own knowledge, shall cause all persons committing any of the oflences
aforesaid, to be brought before them, by the like process and proceedings as in
SALINE LANDS. 557
criminal cases, and cause such person to enter into a recognizance for his appear-
ance at the .next circuit court to be held iii his county, and on faikirc, to give such
recognizance to commit such ollender to jail.
§ 9. The county court in counties where saline lands lie, shall appoint an agent
for each saline, and the lands adjacent thereto, in their respective counties; the
agent shall preserve from waste and damage the timber rmd buildings, and other
improvements attached to said saline lands, and said agent shall cause all persons
offending against this act, to be proceeded against as herein provided.
§ 10. The agent thus appointed shall have tlie use of the salt \A-atcr, and the
improvements belonging to any of the saline lands, on condition said agents will
comply with the requisitions of this act; but shall not be allowed to use any timber
belonging to any saline lands, except for house-hold furl, and such rail timber as
shall be necessary to repair the fences on said premises.
§ 11. The county court shall have power to remove any of said agents, v.hen-
ever they sliall be satisfied tluit the}- have not complied with the requisitions of this
act; nor shall said court, by virtue of tliis act, rent or lease any salines belonfrin*''-
to this state, upon any conditions, for the purpose of saltmaking.
§ 12. It shall be the duty of the judges of the circuit court to give in cliarge this
act to the grand jury at each term of the circuit court, and the grand jury shall
make diligent enquiry thereto, and to present all persons offending against the pro-
visions of this act, to said court, and the court shall direct proceedings thereon.
Approved, Fchruury lAlh, 1835.
S A L I N ELANDS.
An act legalizing certain sales uf saline lands, and authorizing additional sales tlicreof
in lots of forty acres.
Sec. 1. Certain sales, heretofore made, lejalizcil.
2. How sales to be made licreal'ter.
Be it enacted hi/ tJie general assemhhj of the slate of Missouri, as follows:
§ 1. The sales of saline lands heretofore made at private sale, in quantities less
than half-quarter sections, shall be held valid, and patents shah be issued therefor
as if the same liad been authorized by law.
§ 2. Hereafter all saline lands remaining unsold at the close of the public sales
thereof, may be disposed of at private sales, in regular subdivisions of not less than
forty acres, or the quarter of a quarter section, as in the public sales, and in all other
respects according to the existing laws. This act shall take effect from the passao-e
thereof.
Approved January 2nd, 1835.
558 SALTPETRE WORKS.— SALVAGE.
SALTPETRE WORKS.
An act concerning saltpetre works.
»BC. 1. To be enclosed by the owners or occupiers.
2. Penalty for failing to comply with this act.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. The owners and occupiers of saltpetre works, within this state, shall keep
the same inclosed with a good and lawful fence, so as to prevent horses, cattle and
other stock, that may receive injury thereby, from having access thereto.
§ 2. And every person, owner, or occupier of any saltpetre works within this
state, failing to secure the same, with a good and lawful fence, from horses, cattle?
and any kind of stock that may be injured by drinking the saltpetre water, shall
be liable to an action of the party injured by such neglect, for double the value of
the horses, cattle or other stock injured or killed by drinking the water: to be re-
covered in any court having competent jurisdiction to try the same.
Approved.) February Aih., 1835.
SALVAGE.
■xc, 1. Boats, vessels, rafts, dj-c-, in a perishable condition, may be secured.
2. Property to be restored on proof of ownership, and paying salvage.
3. Salvage, how obtained from the owner; property may be detained.
4. Oath to be taken by the taker up, before a justice of the peace, and how.
5. Notice to be given; how.
6. Failure to give notice, a forfeiture of salvage, and damages, to owner, 8(c.
7. Not necessary to cause notice to be given in newspaper; when.
8. Salvage of lumber, staves, or shingles.
9. Salvage of logs, rails, firewood, or timber.
10. Property of less value than ten dollars, how disposed of; over ten dollars, not exceeding one hundred dollars,
may be sold, how; may be restored to owner before sale.
11. Proceeds, how disposed of, and salvage paid.
12. Owner not appearing in six months, how disposed of.
13. If property be above the value of one hundred dollars, court or judge may order sale.
14. Notice of sale to be given; sale, how conducted; proceeds, how disposed of.
15. Penalty for embezzlement of property.
16. Justice of the peace, secreting, embezzling, iStc., penalty.
17. Value of property, how ascertained; proceedings.
18. Remedy of owner for the recovery of property taken up.
19. Salvage on property floating from wreck, to be paid out of proceeds.
Be it enacted by the geeneral assembly of the state of Missouri^ as follows:
§ 1. When any boat, vessel, raft or other property, shall be lost or wrecked, and
in a perishable condition, upon any river, any person may take up and secure the
same, at or near the place where found.
{ 2. When any person shall set up a claim to such property, and shall prove his
title to the same, by competent testimony, before any justice of the peace of tb*»
SALVAGE. 559
proper county, such taker up shall restore the same to such owner, if he pays to
such taker up a premium for salvage, at the rate of ten per centum upon the value
of all such property.
5 3. The taker up of such boat, vessel, raft or other property, shall be entitled to
retain the same against the rightlul owner, until salvage be paid, or may have and
maintain an action of debt, or on the case, against such owner, for the amount of
salvage due according to this act.
§ 4. Whenever any such property shall be taken up and secured, if the same
exceeds the value of ten dollars, the taker up shall forthwith go before some justice
of the peace of the county, and make oath that the property was wrecked or lost,
without the consent of the owner, and was in a perishable condition, as he believed,
and that he was not directly or indirectly instrumental in causing the property to
be [so] wrecked, lost, set adrift, or placed in a perishable condition, and shall also
state under oath, an exact account of the quality and quantities ofsuch property and
the time that such property was taken up, and that he has not secreted or disposed
of, directly or indirectly, any part thereof.
§ 5. Within thirty days thereafter, the taker up shall insert, in some newspaper in
this state, nearest the place of taking up such property, for four weeks, a correct
and exact account of the time and place when and where the said property was
taken up, and the description and valuation thereof, and shall also put up three
advertisements to the same effect, at public places in the township where such pro-
perty may have been taken up, within ten days thereafter.
§ 6. If the taker up shall fail to give public notice as aforesaid, he shall forfeit all
his right to salvage, and shall forfeit to the owner of said property all such damages
as the said owner may sustain in consequence thereof, to be recovered with costs,
before any court having jurisdiction.
§ 7. If the amount of property taken up shall exceed one hundred dollars, it shall
not be necessary for the taker up to cause notice to be given in any newspaper.
§ 8. Anyperson taking up any raft, when the same shall consist of lumber, staves,
or shingles, the person taking up and securing, shall be entitled to receive the same
salvage as is by this act allowed to persons for taking up and securing any boats,
vessel or other property.
§ 9. Rafts taken up that shall consist of logs, rails, firev/ood or timber, the person
taking up and securing the same, shall be entitled to receive for his trouble, the one-
fourth part of the proceeds arising from the sale of such raft.
§ 10. When any person shall take up and secure any such property of less value
than ten dollars, he may retain and dispose of the same to his own use, if the
owner shall not claim the same within one year after the taking up; and when such
property shall be of greater value than ten dollars, and not exceeding one hundred
dollars, the justice of the peace shall, by warrant under his hand, direct the consta-
ble of his township to sell the same at public vendue, giving twenty days notice,
by three advertisements put up at public places in his township, of the time and
place of such sale; but the ov/ner, on proof of ownership, before such justice of the
560 SALVAGE.
peace, may have restitution of his property, at any time before sale is made, on
paying the salvage and costs.
{ 11. After sale, the constable shall return the warrant to said justice, with the
ceeds of such sale, and the justice shall allow to the taker up his salvage according
to this act, and, after paying the costs, shall retain the balance in his hands, to be
paid to the owner of the property, if he applies for the same and prove his right
within six months after the return of the warrant.
§ 12. If no claiznant appear within six months, the justice shall pay the said
money into the county treasury, taking the treasurer's receipt therefor, which re-
ceipt shall be filed in the office of the county court of the proper county, and the
owner may, on bringing satisfactory proof of ownership, obtain an order from the
county court of the county for the payment thereof out of the county treasury.
§ 13. If the property taken up and secured shall be above the value of one
hundred dollars, the supreme and circuit courts of the state, and any judge thereof
in vacation, shall have the power of ordering ihe sale thereof, by an order directed
to the sheriff of the proper county for that purpose.
§ 14. Notice of such sale shall be given, and the sale in every respect conducted
in the same manner as when property is seized on execution; and the sheriff, after
paying the taker up his salvage according to this act^ and the costs, shall retain the
money arising therefrom in his hands, until either of the said courts, or some judge
thereof, shall authorize him to pay the same over to the owner, and the sheriff for
his services shall be entitled to the same fees as he is entitled to in other cases.
§ 15. If any person unlawfully detain or embezzle any property, w^recked, lost
or adrift, contrary to this act, he shall be liable to pay double the value thereof to
the party injured, to be recovered l)y action of debt or on the case, in any court
having jurisdiction thereof.
§ 16. If any justice of the peace shall fraudulently secrete, embezzle or dispose
of, any money or property which may come to his hand under this act, such jus-
tice shall forfeit fourfold the value thereof, to be recovered by action of debt or on
the case, one half to the use of the party injured, and the other for the use of the
state, in any court having jurisdiction thereof.
§ 17. When it may be necessary to ascertain the value of any boat, vessel, raft
or other property, any justice of the peace of the proper cuamty, on the applica-
tion of any party concerned, by a warrant under his hand, may depute three sub-
stantial householders of the neighborhood, who,being sworn, shall assess and ascer-
tain the value of such boat, vessel, raft or C)ther property, and return their valua-
tion, and be by him returned to the clerk of the circuit court, to remain in his office
as a matter of record, with the warrant of the justice, which valuation, as between
the parties litigant, shall be final.
§ 18. When any person shall make oath before any justice of the peace, that
he has lost any property by wrecks, the rising of tlie water, tempest, or other acci-
dent, and that he has good cause to believe that such prcjperty so lost is secreted
in possession or custody of any other person or persons, it shall and may be law-
ful for such justice of the peace, by warrant under his hand, to direct to the con-
SCHOOLS AND SCHOOL LANDS. 561
stable of his township to search for and take into his possession and charge the
property so secreted, and if the claimant shall prove his title to the same, in man-
ner hereinbefoae mentioned, then it shall be the duty of such constable to deliver"
the said property to the .claimant so proving his right, he paying the fees allowed
by law for similar services.
§ 19. When boats are wrecked and the cargoes found floating in barrels, hoo-s-
heads, bales, or otherwise, the party taking up and securing such cargoes or any
part thereof shall be entitled to fifteen per centum, to be paid out of said goods so
secured or out of the proceeds of the sale thereof, which shall be full compensa^
tion to the party who may take up the same.
Approved, March 2d, 1835.'
SCHOOLS AND SCHOOLS ANDS.
An act to regulate the sale of the sixteenth sections, and to provide for organizing^ reg-
ulating and perpetuating common schools.
S«c. 1. The sixteenth sections, how, in what manner, and by whom they shall be sold.
2. To be sold in lots of forty acres; how divided.
3. Purchase money, how secured; bonds where deposited; several school commissioners to make settlement, ^-c.
4. Patents when to issue; certificate of purchase to be given by slieri:f, its contents.
6. Abstract of lands sold to be furnished to the auditor; proceedings to obtain patents after purchase money
is paid.
6. Patent to issue to purchaser on paying purchase money, if he does not wish the credit allowed, cStc.
7. Additional security may be required for the purchase money; when; failing to give it, proceedings.
8. School districts, when and how to be organized.
9. Money arising from the sale of lands to be loaned out by county court; loans how secured.
10. Bonds, S(c. to secure such loan, how drawn; interest when and to whom paid; to be drawn and paid out for the
use of schools; when and how; county treasurer to keep accounts of principal and interest.
11. In what cases interest to be added to the principal and constitute part of the permanent fund.
12. In what cases additional security may be required of officers holding monies under this act; may be removed
others appointed, when.
13. County courts may order suits to be brought, when; all monies to be paid to county treasurer, duplicate receipt*"
taken and deposited with clerk of county court.
14. In what cases borrower to retain the money by paying the interest punctually.
15. Duty of circuit attorney to prosecute suits.
16. Compensation to sheriff, clerk and treasurer, under this act.
17. Penalty and proceedings against persons committing waste or trespass on school lands.
18. Duty of judges to give the above section in charge to the grand jury at each term; duty of grand jury.
19. Fines, penalties and forfeitures under this act, appropriated.
20. Each township or fractional township to compose school district; fractional lownsliip less than 100 acres, .^•c.
21. Trustees of two or more townships may usfi their respective funds conjointly; when and liow.
22. Duty of the chairman of each of the board of trustees in such cases; report to be made to court; proceedings
thereon.
23. When two or more school districts are formed of one township, how school fund appropriated.
24. School districts to be numbered and recorded; number may be altered when they fall into a new county, and In'
such case bonds, money, S(c., to be transferred to their proper connty.
25. The sixteenth sections and profits, fines S^c, arising from same, appropriated to use of schools, &c.
26. Clerk and treasurer to keep accurate accounts, &.C., moneys how paid out; settlements when and how mado.
27. Corporate powers of districts vested in board of trustees; first board how chosen.
28. Wtio not eligible to be a trustee; trustees, after the first, how and when elected.
72
562 SCHOOLS AND SCHOOL LANDS.
2S. Judsesfor election of trustees to be appointed, place of election to be fixed; who may Tote for trustees; election |
how held.
30. i'lustees not elected a^ in tl:e two preceding sections, court to appoint tliem; to serve until their successors •
qualified, SfC.
31. Trustee to take oath, lo be endorsed on certificate of election; tenure of office.
32. Trustees when to'asssmble, to choose a chairman, lo fix time and place of meeting, may be convened, how.
33. Quorum how formed; general powers and duties in refcrciico to school houses, teachers, school funds, books
necessary accommodations, &c.
34. Trustees to employ teacher and keep school six montlis in a year, in each incorporated school district; what
children to enter.
35. What branches shall be taught, no preference to teachers &c., on account of religions opinions; no regulations to
control religious belief, &c.
36. If school fund not sufficient to pay teacher six months, deficit how made.
37. In what cases trustees to employ the full year; deficit, if any. to pay teacher, how made up.
,38. Poll to be opened; when, for and against taxing the people of the county for benefit of education, proceedings.
39. Fines and forfeirures for the use of tl'.e state or county, appropriated for education in the county.
40. Clerk, if desired by the court, to procure a well bound book, to be entitled " Register of benefactors to common
schools;" its use, purposes, ^c.
41. Money received liy three preceding sections, how managed, apportioned and distributed, &c.
42- Wl;en sixteenth sections are re!inqnis!:ed, and lands in lieu tiiereof to be selected, proceedings in such cases.
43. If lands are to be selected out of t!io county, duty of the governor to appoint some discreet person to select, &c.
44. Person appointed shall make selections, how; his proceedings reported to the governor; his compensation.
45. When such selections are made, secretary of state to certify same to circuit and county court of proper county
to be recorded, and certified copy, ev'dence, in certain cases.
46. Slieriff of county where lands are selected, to sell same under tl'.e regulation in selling sixteenth sections; bonds,
to be transmitted, &c.
47. What state officers shall ez officio constitute a board of commissioners for literary purposes.
48. Trustees of each school district to make biennial report to county court; contents of report.
49. County court to make biennial report to secretary of state; report when and how made.
go. Secretary to lay report before board of commissioners; duty of said board.
fil. Penalty on the judges, circuit attorney, sheriff, clerks and trustees, for neglect of duties under this act.
53. Cpnstructjon of power of tritstees over certain village or common field lots.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. In all congressional townships in this state, in which there are fifteen free
white house-holders, they shall have the right to sell their sixteenth section, and, up-
on a petition of a majority of them, it shall be the duty of the county court to make
an order, directing the sheriff to expose the said section to sale, after giving sixty
days notice, and the advertisements, shall be made and put up in the same manner,
sheriffs are now required in selling lands under execution, and the court shall cause
a copy of such order to be furnished tlic sherirl", and if said section, or any part
thereof, shall remain u sold, it shall be the duty of the sheriff in each county in
this state, if the county court shall deem it necessary, once in each year, to again
offer said land for sale, on a credit of tw^elve moths at the court house door of his
county, and while the circuit court is in session, by giving the same notice, and in
the same manner as required above, and no land shall be sold for less than one dol-
lar and twenty-five cents per acre.
§ 2. The school lands shall be sold in lots of forty acres, and shall be divided in
the same way, that the public lands of the federal government are now divided,
when sold in forty acre tracts.
§ 3. The purchaser shall give a bond with good and sufficient security, payable
one year after date to the county, for the use and benefit of the inhabitants of the
SCHOOLS AND SCHOOL LANDS. 563
township, to which the lands purchased may have belonged, which bond shall bear
interest at the rate of ten per centum per annum from its date until paid, which
bond shall be returned by the sheriff, to the county court of the county to which
the land belongs, and shall be, by the court, deposited in the office of the county
treasurer. The several school commissioners shall settle with, and hand over to the
county court, all bonds, mortgages, monies and interest that have accrued thereon,
which shall be deposited in tiie county treasury.
\ 4. No patent shall be issued to a purchaser, of any land? sold under and by
virtue of this act, until the full payment of the purchase money be made, but cer-
tificates of purchase, shall be issued by the sheriff to the purchaser, describing the
land sold, reciting the number of acres, amount of purchase money, and the man-
ner in which the payment is secured, and such certificate, after full and complete
payment shall have been made, shall entitle the, purchaser to a patent for the land
GO purchased.
§ 5. It shall be the duty of the county court, to make out and forward to the au-
ditor of public accounts, an abstract of all lands sold under the provisions of this
act, and, when the purchase money shall be fully paid by the purchaser, together
with the interest which may have accrued thereon, agreeably to the terms of sale,
the court shall make a statement to the auditor, of the tract, or tracts upon which
payment has been made, and it shall be the duty of the auditor to make out in the
name of the state, and agreeably to the provisions of law, patents for the lands
sold, and the auditor after having recorded the patents, which he shall truly do, in
a well bound book, to be kept for that purpose, shall forward the same to the said
court, to be by it distributed to the persons entitled thereto, on presentation and sur-
render of the original certificate given to such person, which certificate, shall be fil-
ed, and forever preserved by said county court.
$ 6. Any person who has, or hereafter may purchase land as aforesaid, and does
not desire a credit, as provided in this act, he shall, on paying the amount of the
purchase money, be entitled to receive his patent as soon as may be, for the land
purchased, in the same manner as patents are made to purchasers, as provided in
this act, and the money paid, shall be loaned out at ten per cent as is prescribed in
this act.
§ 7. Whenever the county court, may deem the security for the payment of any
bond given for the purchase of any school land, insufficient, it may require addi-
tional security; and upon failure to give such additional security, the contract shall
be considered as violated, and the court shall, forthwith, proceed to collect the
amount due on account of said sale, as if no time had been given for the payment
thereof.
§ 8. When the sixteenth section, or land selected in lieu thereof, belonging to any
township has been sold, or so much thereof as shall amount to eight hundred dol-
lars, the county court may incorporate the inhabitants of said township, into as ma.
any school districts as the public good may require, not excecdin-^- four, by the name
and style of, "The Inhabitants of school district," and thenceforth the in.
abitants of such districts, and their successors, shall be a body politic and corporate,
364 SCHOOLS AND SCHOOL LANDS.
aad as such, by that name shall be known in law, have perpetual succession, sue
and be sued, plead and be impleaded. But it a majority of the inhabitants of any
township, shall desire to be incorporated, before their fund shall amount to eight]
hundred dollars, the county court may, on their petition, be authorized to do so.
§ 9. The said court shall be authorized, and it is hereby required, to loan all the
monies which may come into its possession, fiiom the sales of such lands, for the
highest interest that can be had, not exceeding ten, nor for less than six per centum-
per annum, and securing the same by taking good personal security, and by mort-
gage on real estate, situate in the county, and which letting, shall be for one year.
All sumg loaned under ninety dollars, may be secured by the borrower giving bond
with two, or more, responsible persons as securities, who shall sign the same, and
be considered in all respects as principals. For sums over ninety dollars, the obli-
gors shall, in addition to the bond and securities, give a mortgage on real estate, the
title to which, shall be clear, unincumbered, indisputable and of value, to be at least
double the amount so loaned, and it shall be expressed in all bonds, that when addi-
tional security shall be required, the same shall be given to the satisfaction of the
jCQurt.
§ 10. All mortgages and bonds, shall be drawn in the name of, and payable to
the county, for the use and benefit of the inhabitants of the township, to which the
money so loaned properly belongs; and the interest agreed on? shall be expressed
in the body of the bond, and required to be punctually paid every year at the time
specified, and which interest shall be paid over, annually, to the treasurer of the
county, who shall, by order of the court, pay the same to the trustees, or such per.
son, or persons of the township to which it belong, as the county court shall direct,
and under such regulations, and restrictions, as the said county court may deem right,
and make known, relating to the distribution of said interest, the principal remaining
entire, and in no case to be diminished, and the said county treasurer shall keep
an account of the principal, and interest arising therefrom, of each township sepa-
rate aj.i/'» distinct.
5 11. Shquld there be any school district with a fund upon interest, and in which
the trustees may, by neglect of duty, or otherwise, fail to provide a school for one
whole year, then, and in such case, it shall be the duty of the court, to incorporate
t^ie interest with their school fund, for that year, and loan the whole, which interest
shall thereafter continue as a part of the permanent fund.
§ 12. When it shall appear necessary, for the better securing and managing the
funds, or monies, which shall come into the hands of any officer under the provisions
of this act; the county court may require additional security, in any sum they may
deem right; and for any good cause, such as misapplication of the money, neglect
of duty, or failure to give additional security, such as the court may think proper to
accept, or to render an account, or to give the necessary information of the loans
made, or business transactions committed to his care when required, the county
court may remove him from office, and in that case, or in case of death or resigna-
tion, appoint another, and require bond and security as aforesaid.
SCHOOLS AND SCHOOL LANDS. 565
§ 13. The county court is hereby authorized to direct suits to be brought, for the
recovery of all contracts made by virtue of this act, when, in the opinion of the
court, suits may become necessary. Any person having collected monies, or hav-
ing any in his possession belonging to the school fund, and any person, who may
be indebted to said fund, and wish to pay over the monies so due, shall pay the
same to the treasurer of the proper county, and take duplicate receipts therefor,
one of which shall be deposited with the clerk of the county court, whose duty it
shall be, to charge the amount thereof to the said treasurer.
§ 14. In all cases where the sums loaned is over ninety dollars, and the borrower
has given bond and personal security, together with a mortgage on real estate, as
provided in the ninth section of this act, it shall be lawful for the county court, to
permit such borrower to retain the money loaned, as long as the interest is punctu-
ally paid.
§ 15. It shall be the duty of the circuit attorney, of ihe proper judicial circuit, to
prosecute all suits for the recovery of monies upon contracts made in considera-
tion of any school funds, or for monies loaned, arising from that source, in all cases
coming within the jurisdiction of the circuit court.
§ 16. The sheriff shall be allowed as his compensation, for advertising, selling,
and taking bond, one per cent on the amount of sales made in pursuance of this
act, in all cases, to be paid out of the school fund, to which the fund belongs, and
the clerk of the county court, and treasurer of the county, shall each receive, for
his services performed under this act, such compensation as the court may deem
right, which shall be allowed and paid out of the county treasury, which shall not
exceed (to the treasurer) one half of one per cent, on all money received and paid
out by him.
{ 17. If any person shall commit waste, trespass, or other injury, upon any
school lands in this state, or upon any improvements thereon, the person so offen-
ding shall upon conviction thereof, be fined in a sum not exceeding five hundred dol-
lars, at the discretion of the court, to be recovered by indictment; and it shall be
the duty of all civil officers, upon information upon oath, or of their own knowl
edge, to cause all persons, committing any of the offences aforesaid, to be brought
before them by the like process as in criminal cases, and cause such person, to enter
into recognizance for his appearance at the circuit court for the county, or commit
him to jail, in like manner and with like effect, to all intents and purposes, as in oth-
er criminal cases.
§ 18. It shall be the duty of the judges of the several circuit courts in this state,
to give the above section in charge to the grand jury at each term, who are hereby
required, specially to enquire into, and make presentments of all offences committed
under this act, in their respective counties.
6 19. All fines, penalties and forfeitures, accruing under the provisions of this
act, shall be paid into the county treasury of the proper county, for the use and
benefit of tiie inhabitants of the township, to which the land injured belongs.
§ 20. Each township, or fractional township, as surveyed under the authority of
the United States, shall compose a school district; but when any fractional town-
566 SCHOOLS AND SCHOOL LANDS.
ship shall be entitled to less than one hundred acres, of section numbered sixteen,
or land selected in lieu thereof, it shall be lawful for the county court for the coun-
ty, in which such fractional township, or the greater part thereof may be situated,
to attach the same to some adjoining township, and when so attached, it shall com-
pose, together with the township to wliich it is attached, one school district.
{ 21. Whenever the trustees of two or more to wnships^ shall desire to use the
funds of their respective townships, conjointly, in establishing a school, they shall
be authorized so to do, first procuring the consent of the county court of the prop-
er county; provided, that each township shall be bound to pay towards tuition,
only, in proportion to the number of children each may furnish, between six and
eighteen years of age.
§ 22. It shall be the duty of the chairman of each of the boards of trustees, to
meet at the school house, as provided in the foregoing sections, and apportion the
number of children in each township, subject to the charge of tuition in such
school, and make a joint report thereof to the county court of the proper county,
upon which report, the court shall make the just and necessary apportionment of
monies due to each, and draw its warrants upon their respective funds accor-
dingly.
5 23. Where two or more school districts are formed of one township, the school
fund shall be divided between them, and applied to school purposes therein, accor-
ding to the number of persons between the ages of six and eighteen, to be ascer-
tained by the board of trustees.
§ 24. It shall be the duty of the county court, in each county, to number the sev-
eral school districts, which, or the greater part of which, lie in their county, and
cause a record thereof to be made out and kept, and when by the establishment of
any new county, or the alteration of a county line, any school district, or the grea.
ter part thereof, shall fall within a different county, the said court for the county in
which the district may fall, shall have power to alter the numbers, so as to corres-
pond with the number of the district in their county, causing a record thereof to be
made and kept as aforesaid, and the bonds, mortgages and monies, belonging to
said district, shall be transferred to the proper county.
§ 25. The sixteenth section, and every part thereof, being in any school district,
or other lands which may be selected in lieu of the sixteenth section, or any part
thereof, together v,^ith all the profits, fines, penalties, forfeitures and damages, re-
covered for waste, trespass or injury thereto,^shall be appropriated to the use of
common schools, in the school district to which the land belongs.
§ 26. Each county treasurer, and each clerk of the county court, under the di-
rection and control of the court, shall keep accurate accounts of all monies paid
into the treasury of their county for the use of schools, in such manner, as to shew
distinctly, the amount of monies received to the use of each school district- and
all payments made out of the monies of each district, shall be upon warrants spe-
cially drawn for that purpose, and the said treasurers and clerks, shall settle their
accounts withttie said courts at the same time, in the same manner, and under the
SCHOOLS A^^D SCHOOL LANDS. 567
same penalties, as are, or may be, by law required, Avith respect to the accounts of
ordinary monies of the county.
§ 27. Tne corporate powers and duties of every district, incorporated by virtue
of this act, shall be vested in a board of trustees, to consist of three members; the
first board shall be chosen and appointed by the county court, at the time of declar-
ing the district incorporated.
} 28. All trustees, (except the first board for each district) shall be chosen by
the qualified electors residing within the district, on the first Monday in September
in every year, in the manner hereinafter provided; no person shall be a tfustee,
who shall not be eligible to the house of representatives of the general assembly
of this state, and em inhabitant of the district at the the time of his election, and
shall not have donated as a "benefactor of common schools," the sum of one dollar.
} 29. The board of trustees shall from time to time, appoint three judges of
election, and shall fix upon the place of holding elections, and all persons qualified
to vote for representatives to the general assembly, and residing in the school dis-
trict, shall be entitled to vote for trustees; in all other respects, the election shall
be held, and conducted in such manner, as shall be provided by said trustees.
§ 30. In all cases where trustees are not elected, in pursuance of the provisions
of the two foregoing sections, the county court shall, upon a knowledge of that
fact, appoint them, and whether appointed or elected, the trustees, for the time being,
shall continue to act until their successors are duly chosen and qualified.
§ 31. Every trustee shall hold his office for the term of one year, and until a
successor shall be duly elected, and regularly qualified, before entering upon the
duties of his office, shall take an oath or affirmation, to support the constitution of
the United states, and of this state, and faithfully to demean himself in office, which
oath may be administered by any judge or justice of the peace, which shall be en-
dorsed and certified on the certificate of election.
§ 32. Every board of trustees shall assemble, within twenty days after their ap-
pointment, orHfection,and choose a chairman out of their number, and shall fix the
time and place of holding their stated meetings thereafter, and they may be con-
vened at any time by the chairman, or any two members, when he, or they, shall
be of opinion that the good of the school district requires such meeting.
§ 33. A majority of the board of trustees shall constitute a quorum to do business,
and the board when convened, shall have power to provide for the building
of a school house, to furnish it with the necessary accommodations, to employ
teachers, and to appoint visitors, and fix upon the salary of the teacher, and all
other such rules and regulations for the purpose aforesaid, as shall be necessary,
not contraveninar the existinsr laws. The trustees aud visitors shall receive no
compensation for their services, nor shall the labor expended in building a school
house, be paid for out of any part of the principal or income of the school fund,
nor shall the books and stationary be included, as a necessary accommodation to
be furnished by the trustees; provided, that when the annual income in any district,
shall amount to more than two hundred and forty dollars, the excess may be em-
ployed for building a school house.
368 SCHOOLS AND SCHOOL LANDS.
§ 34. It shall be the duty of the trustees, to employ a teacher, and keep up a
school in each incorporated school district at least six months in every year, in
which school, all children between the age of six and eighteen years, permanently
residing in the district, shall be free to enter as scholars.
§ 35. In all schools established according to the provisions of this act, there
ffhall be taught, reading, writing, arithmetic, geography, english grammar, and such
other branches of education (theology excepted) as the funds may justify. In the
choice of visitors, instructors and pupils, no preference shall be given on account
6f religious opinions, nor shall any preference by law, or regulation ever be made,
in any wise to control, or interfere with the rights of conscience, or belief, on the"
Fubject of religion, oi- the free exercise of religious worship.
^ § 36. If the annual income from the school fundof the district, shall not be suffi-
cient to defray the expenses of keeping up a school for six months in a year, the
trustees ^hall apportion the deficit, among those who send to school, in proportion
to the number each may send.
§ 37. In those districts where the annual income from the school fund, shall be
more than is required to defray the expenses of teaching a school six months in the
year, the trustees shall, if required by a majority of those who have children to
send to school, provide for teaching a school the full year, and the deficit (if any)
shall be apportioned in the same way as is [required] in the preceding section y
and in those districts, where the school fund shall amount to twenty-four hundred
dollars, it shall be their duty absolutely to furnish, or provide for the keeping a school
for the year.
§ 38. At the election to be held in August next, the judges of the election at the
respective precincts, shall open a poll for, and against taxing the people of the
county for the benefit of education therein, three and one-thhd cents on every
hundred dollars worth of all property, now taxable by law, and if two-thirds of the
voters in any county, vote in the affirmative, then such tax shall thereafter be an-
nually levied by the county court, which tax shall be apportionecitnd collected as
other taxes are.
§ 35. All fines and forfeitures, collected for the use of the state or county shall
be appropriated for the use and benefit of education in the county, where they are'
collected.
^ § 40. It shall be the duty of the clerk of each county court of this state, (if de-
sired to do so by said court) to procure at the expense of the school fund, a book
well bound, and sufficiently large to register the names of at least five thousand
persons, in which book the name of every person shall be written, who wishes to
be a "benefactor of common schools," by giving any sum of money they [may]
think proper, for the encouragement of such schools in their county, and "the said
clerk shall write opposite each name, both in words and figures the sum which each-
person gives, and if required by the donor, shall specify the school district, for
the benefit of which the donation is made. This book shall be entitled, " Register
of benefactors to common schools," and shall be carefully preserved among the
records in the archives of the county.
SCHOOLS AND SCHOOL LANDS. 569
§ 41. The money received by virtue of the three preceding sections, shall be
approprinted for the use and benefit of education among the several incorporate
school districts, in the county where the same is collected, in proportion to the
number of children in each, betv»-een the ages of six and eighteen years, which
money shall be added to the principal and form a part of the permanent school
fund, and loaned from time to time, as the principal is loaned; provided, that no
school district shall receive any jiart of the money arising from the sources men-
tioned in the three preceding sections, after its permanent school fund shall amount
to twenty-four hundred dollars; and the monies. given for the benefit of any par-
ticular school district, shall be added to, and form a part of the permanent fund of
such district, in addition to its due proportion, and the fact of having a permanent
fund of twenty-four hundred dollars, shall not deprive such district of donations
made for its particular use and benefit.
\ 42. When the inhabitants of any congressional township, may, by any law of
congress, acquire a right to relinquish their sixteenth section, and select other lands
in some other part of the state, in lieu thereof, and when a majority of such in
habitants make known their intention to relinquish to the county court, it shall be
the duty of said court, if good land can be selected in the same county, to appoint
some discreet person of the county to make the selection, who shall, in the per-
form.ance of his duty, conform to the lav*' of congresi giving the right to relinquish
and select, and the land so selected, shall in all respects be sold and managed as
hereinbefore provided for the management of sixteenth sections; and if a majority
of said inhabitants wish to select land in lieu of their sixteenth section, in some
other county, then the county court shall report the fact from time to time as made
known to them, to the secretary of state, particularly describing the land relin.-
quished, by stating the number of acres, section, township and range.
§ 43. It shall be the duty of the governor, to appoint (when in his opinion it may
be necessary) some discreet pei'son, who is a good judge of the value of lands, to
select for the inhabitants of the different townships lands in lieu of those relin-
quished.
§ 44. The person appointed by the governor, shall make selections of land in
place of those relinquished, in accordance \v\i\\ such law or laws, as congress may
pass on the subject, taking care to clioose tlie most valuable-, [and] shall make re-
port of his proceedings to the governor, and shall describe the quantity selected,
and its location, as to section, township and range; for which service the person
appointed shall be allowed two dollars per day, to be paid out of the state treasury.
§ 45. It shall be the duty of the governor, to cause the secretary of state, to
certify said selections to the county court of the proper counties; which certificate
shall set forth a particular description of the land, as to number of acres, section,
township and range; and shall also cause the secretary of state to certify to the
clerk of the circuit court of each county, in which any lands so situated may lie,
the number- of the sections therein selected, township and range, and the count)
for which they are selected; which certificate shall be recorded by the said clei'k
is
570 SCHOOLS AND SCHOOL LANDS.
in the recorder's ofnce of said county, and a certified copy thereof, shall be evi
dence, in all cases of such selection.
§ 46. It shall be the duty of the sheriil in tlie respective counties, where aixj
school lands may be selected in lieu of any relinquished sixteenth section, to sell
such lands under the same regulations as ai'e required by this act in selling the
sixteenth sections proper, and when he takes the bond, or bonds given by the pur
chaser or purchasers, he shall transmit the same to the county court of the county
to which they properly belong.
{ 47. The governor, secretary of state, auditor of public accounts, state treas-
iirer and attorney general for the time being, shall ex officio constitute a board of
commissioners for literar}^ purposes.
§ 48. It shall be the duty of the trustees in each school district, to report to the
county court at the August tenn in every second year, commencing in eighteen
hundred and thirty-six, the whole number of children in their district, between the
ages of six and eighteen, j'ears, distinguishing between those v»'ho can read and
write, and those who cannot, and shall state what number are going to school at
the time of making such 'report; together with the name* of the teacher, the
amount of salary, and the branches of education he professes to teach.
§ 49. The county court shall, previous to the first Monday in October, every
second year, commencing in eighteen hundred and thirty-six, report to the secre-
tary of state, the amount of the permanent school fund of each district, and the
interest or income for the last year; and an abstract of all the reports made by the
several boards of trustees in the county up to that time, together with such defects
as may occur to them; and should the trustees in any district fail to make a report
as herein required, the county court shall make an estimate of the number and
description of children, as required in the preceding sections.
§ 50. It shall be the duty of tlie secretary of state, to lay before the board of
commissioners when required, all such reports as he may receive-from the several
county courts, in pursuance of the preceding section of this act; and it shall be
the duty of said board, to report to each general asssembly, all the defects W'hich
they may discover in the laws, on the subject of education, and shall recommend
such amendments as wiU, in their opinion, remedy such defects.
§ 51. The circuit attorney, sherifls, judges, clerks of the several circuit and
county courts, and trustees, shall be subject to the same penalties for neglect of
duties required of them under this act, as for neglect of any other official duties
required to be performed by them, by any -other law.
§ 52. The trustees, appointed in pursuance of this act, shall not have power, or
control over any tovv^n or village lots, or 'common field lots, mentioned in, or con-
templated by the act of congress, approved on the thirteenth of June, eighteen
hundred and twelve, nor to appropriate any of the profits, proceeds, or monies
arising therefrom, but the same shall remain" under the control cf such tov.-n or
village.
Approved, March 19//i, 1835.
SCHOOL LANDS.— SECRETARY OF STATE. 571
SCHOOL LANDS.
An act to provide forihe sale of ioxcnsldp school lands in Saline and other counties.
Sec. 1. School lands in certain counties may be soM on certain conditions, wlien.
2. Limitation and construction of this act.
Be it enacted by the general assemhhj of the state of Missouri, as follows:
§ 1. That when it shall appear to the satisfaction of the county court of Saline,
Jackson, Rails, Pettis, Gasconade, Clay, Clinton, and Ci-awford counties, that so
much of the eleventh section of an act approved January the seventeenth, eighteen
hundred and thirty-one, as provides that the sixteenth section shall not be sold,unless
fifteen free white'house-holders reside in said township, cannot be carried into
effect in their respective counties, on account of extensive prairies, or other local
causes, may, in their discretion, authorize the same to be sold according to the pro-
visions of the eighth section of "an act supplementary to an act, to provide for
the sale of town^Jp school lands," approved January the twenty-eighth, one thou-
sand eight hundred and thirty three.
§ 2. This act shall not authorize the sale of any tovvnship school lands surveyed
since the year one thousand eight hundred and twenty-six.
Approved, Febriiarij, 25th, 1835.
SECRETARY OF STATE.
An act to regulate the secretary of stater
Secretary to take oath and give bond; its condition; Iiow attested; where deposited
2. His residence; shall keep the seal of state, public records, rolls, nets, documents, fcc; to keep register of com-
missions, o:Rcial acta, ^-c .
^ Post-i"° uf certain letters, how paid; certain documonts to ie recorded.
4 Shall make report of all matters referred to hi.n by governor and general assembly; free .ccess to h.s office; when.
5. Original rolls or documents not to bo taken out of his o.Tice, unless called for, &c.
6 To affix seal of state to executive acts.
7 To make out and authenticate copies of public acts, Sec; such copies received as evidence.
8 To keep an abstract or register of commissions; note vacancies atid occasion thereof.
9 To keep an abstractor all military oomm-s.sio,,s, and make certain memorandums thereof.
10. Secretary pro tem. may be av-pninted, i.. what cases; his compensation and duties.
11 To procure stalionarv for the general assembly; how paid for.
12'. To make report to each session of general assembly ti:e amount expended under preceding section.
13. Contingent expenses, how paid.
14. Contingent accounts to he settled quarterly.
15. Neglect of duty, taking illegal fees, &c; penalty.
Be it enacted by the general assembly of the state of Missouri as follou^s:
-§ 1. The secretary of state, before entering upon the duties of his office, shall
take an oath endorsed on his commission, before some judge, or justice ^/^^e peace,
to support the constitution of the United States and of this state, and to dernean
h3 faithfully in office, and shall, within thirty day. after his appointment, •nter
Ssc. 1.
572 SECRETARY OF STATE.
n
jnto bond with good security, to the governor for the use of the state, in the sam
of eight thousand dollars, conditioned, that he will well and truly perform the du-
ties of secretary of state, which bond, shall be attested by the governor and depos-
ited in the office of the auditor of public accounts.
§ 2. He shall reside and keep his office at the seat of government, he shall have
the safe keeping of the seal of state, and of all public records, rolls, documents,
acts, resolutions, and orders of the general assembly, he shall keep a register of all
commissions issued, the official acts of the governor, and, when necessary, attest
the same.
§ 3. He shall pay the postage on all official lettt^rs and other public documents,
directed to, or received by the governor or himself, out of the contingent fund
belonging to the office of secretary of state, which letters, and documents, he shall
record in the office in a book to be kept for that purpose.
§ 4. He shall make report and give information to the governor, or either branch
of the general assembly, respecting all matters referred to him by the governor,
the senate, or house of representatives when required by either; and the governor*
or a committee of eitherj or both branches of the general assembly, shall have free
access to his office for the inspection and examination of all books, papers, records,
and proceedings.
§ 5. He shall not permit any original roll, paper, or public document filed in his
office, to be taken out of it, unless called for by a resolution of either house of the
general assembly, or for the examination of the executive.
§ 6. He shall affix the seal of state to, and countersign all commissions and other
official acts required by lav/ to be issued or done by the governor, his approbation^
or disapprobation of the acts of the general assembly excepted, and all other in-
struments when required or authorized by the governor.
§ 7. He shall make out and deliver to every person requiring the same, copies
of any act, resolution, order of the general assembly, commission, or other official
act of the governor, roll, record, document, paper, bond and recognizance depos-
ited in his office by law, and shall certify such copies under his hand, and affix there-
to the seal of his office, and such copies shall be admitted as evidence in any court
of record.
§ 8. He shall keep in his offxe, an abstract of all commissions issued, and ap-
pointments made by the governor, and shall register therein the substance of each
commission, specifying the name of the person appointed, the office conferred, the
district or county, for which the appointment is made, [and] the term of office; and
when any office shall become vacant, he shall enter in a space, to be left for that pur-
pose, a memorandum of such vacancy, and the occasion thereof, with a reference
to any evidence deposited in his office.
§ 9. He shall keep a like abstract of all military commissions and appointments,
noting, in addition to Vv^hat is required in the preceding section, the company, battal-
ion, regiment, brigade and division, for which such appointment is made.
§ 10. In the case of absence from the state, sickness, or impeachment of the
secretary of state, the governor shall appoint a secretary of state, j9ro tempore, who
SECURITIES. 573
shall take the oath herein prescribed, and perform the duties of said office during
such absence, sickness or pendency of such impeachment, and shall receive
the same salary as the secretaiy of state would be entitled to, for the like period,
which shall be deducted out of the salary of the secretary of state.
§ 11. He shall procure stationary for the use of the general assembly of this
state, previous to its sitting, to be paid for out of the joint contingent fund of the
senate and house of representatives, for v/hich the auditor of public accounts shall
draw his warrant on the treasury, in favor of the secretary of state, any time with-
in four months previous to the meeting of the general assembly.
§ 12. He shall make report to each session of the general assembly, the amount
of money that has been expended in carrying into eliect the provisions of the next
preceding section.
§ 13, The expenses of procuring books, stationary, furniture, printino- and
other things neceesary to be obtained for the use of the office of the secretary of
stale, shall be paid out of the state treasury, out of any money, appropriated for
the contingent expenses of secretary of state.
§ 14. He shall keep exact accounts of the contingent expenses of his office
and on the first days of January, April, July and October, in each year, shall ren-
der his accounts with the vouchers of all expenditures, to the auditor of public
accounts, who shall settle and adjust the same, as other accounts, against the state.
5 15. If the secretary of state shall, at any time, neglect or refuse to perform any
of the duties enjoined on him by law, or shall take fees for the performance of any
duty whei euy he is not entitled to fees, or shall take more than by law he is enti-
tled to, he shall pay to the person aggrieved a sum not less than one hundred dol-
lars, nor more than five hundred dollars, to be recovered by action of debt.
Approved., March 20th, 1535.
SECURITIES.
An act concernhtg securities,
Bsc. 1. Securities may require person havinj right of action to bring suit.
2. If suit not brought witliin thirty days after notice, security exonerated.
3. To what cases the two preceding sectior.s sl)all not extend.
4. Money paid by security to be refunded by the principal debtor.
5. Remedy against principal, by suit, for money or property paid.
6 Security paying more tlian liis due portion, may recover the excess from his co-security; how.
7. No such security compelled to pay more than his portion of the ori-jinal demand.
8. Judgment against principal and security; and the judgment or any part paid by security, he is entitled, on mo-
tion to judgment against principal for amount paid.
9. Notice of sucli motion to be given, when; limitation of time to make such motion.
10. Securities of officers may be relieved by petition: how.
11. What the petition shall state, to be v.eriSed by affidavit.
12. Notice with copy of petition to be served on the principal, how and whnn.
13. If principal be absent from the state six rnoiitas, publication to be made, how.
14. Court or officer to hear application, may require new bond and security to be given, when-
574 ' SECURITIES.
15. Such new bond and securitv, how taken and filed.
16. When such new bond is takei), &:c., scciiriiies in former bond to be digcUarged; effect and extent of.
17. Ilenicdy of securities who pay money for olScers.
13. Remedies under lias act may bo maintained by and against executors and administrators; when.
Be it enacted hy the general assembly of ike state of Missouri, as follows:
§ 1. Any person bound ; s security for another in any bond, bill, or note, for the
payment of money, or delivery of property, may at any time after an action has
accrued thereon, requii^e tlie person having such right of action, forthwith to com-
mence suit against the principal debtor, and other parties liable.
§ 2.- If such suit is not commenced within thirty days after the service of such
notice, and proceeded in vdth due diligence, in the oidinary course of law, ta
Judgment and c-xecution, such Security shall be exonerated from liability to the per-
sons so notiiied.
§ 3. The two preceding sections shall not extend:
First, To the bond of any administrator, executor, guardian, curator, officer.
or other person, given to secure the performance of the duty of his
office, trust, place or business; nor.
Second, To any bond with a collatteral condition, except bonds with collat-
eral conditions exclusively for the payment of money or delivery of
property, or exclusively for the performance of a covenant or agree-
ment for the payment of money, or delivery of property.
} 4. Where any bond, bill or note, for the payment of money, or delivery of
property, shall not be paid by the principal debtor, according to the tenor thereof,
and such bond, bill or note, or any part thereof, shall be paid by any security there-
in, the principal debtor shall refund to such security, the amount or value so paid,
with interest thereon at ten per centum per annum, from the time of such payment.
§ 5. When such paym.ent by a security shall be made in nooney, such security
may recover the same with the mterest, in an action for so much money paid to
the use of the defendant, and when such payment is made in property, he may
recover the value with the interest, in an action as for such property sold to the
defendant.
§ 6. When there are two or more securities in any such bond, bill or note, and
any of them shall pay in money or property, more than his due portion of the
original demand, such security may recover such excess, in the same form of ac-
tion herein provided for a security against the principal debtor.
§ 7. No such security shall be compelled in any such action, as specified in the
last section, to pay more than his due proportion of the original demand, and when
such security shall have previously paid any part thereof, he shall be liable in such
action to pay only so much as the amount, already paid by him, falls short of his
due proportion of the original demand.
§ 8. In all cases wheie judgment is given in any circuit court upon any bond,
bill or note, foi- the payment of money, or delivery of property, against the prin-
cipal debtor and any security therein, and such security shall pay the judgment,
or any part thereof, he shall be entitled upon motion, to a judgment in the sam«
SECURITIES. 57.5
court, against the principal debtor, for the amount he is entitled to recover, togeth-
er with costs.
§ 9. No judgment shall be rendered, as provided in the last preceding section,
unless the party applying therefor, shall have given me adverse party, at least ten
days notice in writing, of such motion, nor unless such motion shall be made
within one year after the rendering the original judgment.
i 10. Any person bound as security in any bond, given by any officer, to secure
the faithful performance of the duties of such officer, may on his petition, in wri-
ting, adduce to the court or officer, authorized by law for the tune being, to take
and approve such official bonds, be discharged from all future liability on such
official bond.
§ 11. The petition sliall set forth the facts upon which the application for a dis-
charge is founded, and shall be verified by the affidavit of the petitioner thereto
annexed.
{ 12. A notice in writing of such intended application, together with a copy of
the petition, shall be personally served on the piincipcil in the bond, at least thirty
days before the making of the application.
5 13. If the principal in the bond shall be absent from the state, for the period
of six months, the publication of the notice and petition, in some newspaper print-
ed in this state, for eight weeks successively, shall be sufficient service of the
notice.
? 14. The court or officer, to whom the petition is addressed, shall hear the
application, and may, on examination thereof, in their discretion make an order
requiring the principal in such bond, to give new bond and security for the perform-
ance of his official duties.
§ 15. If such bond and security is given, it shall be taken, approved and filed, in
the same manner that the official bond of such officer is required by lav/, for the
time being, to be taken, approved and filed.
5 16. When such nevv' bond is taken, approved and filed, it shall immediately
operate as a discharge, of all the securities in the former bond, from all liability
arising from any subsequent misconduct, or default, of t!ie principal therein; and
such securities shall thenceforth be liable on such bond, only, for such breaches
thereof, as shall have happened, prior to the taking, approving and filing of the new
bond.
§ 17. Any person bound as security in any bond given by an ofiicer, to secure
the faithful performance of his duties, v/ho shall pay any money which he shall
have been liable to pay, by reason of such bond, shall have the same right and
remedy against his principal and co-securities, that are provided in this act, against
principal and co-securities in bonds, bill!!! and notes, for tiie payment of money
or delivery of property.
§ 18. The remedies given by this act, may be maintained by and against execu-
tors and adminittrators, in all cases where they could bo maintained by or against
their testators, or intestates, if they were living.
Appreved, March 16///, 1835.
576 SEMINARY LANDS.
• SEiMIN AR Y L AND.
An act to jjrgvide for the sale of the seyjiinary lands
Skc. L commissioners to superintend sale of seminary land appointed, to enter in.o bond, its condition.
.. one of the bonds deposited in county clerks omcc, the other forwarded to secretary of state to be recorded, te
3. Certain comn.issioners not required to give new bond, unless required by tbeir securities.
4. To receive entries at private sale, under what rules and re.-ulations.
6. When offices' to be kept open for purpose of receivin.^ entrie-
6. Comn.issioners to receipt for and pay into the state treasury monies received, when, proceedings.
7. Tr,phcate abstracts of iands so,d, when and how made out, to be forwarded ,o the governor, A c. .
8. Governor to cause patents to be n,ade out and tran.umted to comn.issioners, patents how made out, recorded, tc
y. Compensation of commissioners.
10. Two or more applying for same land, to be put up to the highest bidder.
11. Vacancies, liow filled.
12. When this act to take effect.
■ f%\'""'1""^ '"J «" g"^"' «^*<"«% of the Slate of Missouri, as follows:
} 1. John M„oi-e, of Scott county, is l,e,el,y oontinurf commissioner, for the
purpose of supermtending the sale of the seminary lands, at private entry, in the
Cape G.rardeau land dtstnct; and that Henry Wilcox, is hereby continued com-
mtsstoner, for the sa,ne purpose, in the Salt River land district; and thatSmallwood
Noland, of Jackson county, be, and he is hereby appointed commissioner, for the
same purpose, >n the Western land district; who shall, severally, enter into dupli-
cate bonds, to the state of Missouri, with good and sufHcient security, in a sum not
less than five thousand dollars, conditioned, that said commissioner will faithfully
dtscharge the dut.es of his office, as p,esoribed by law, and pay over to the proper
authortty all mcn.es, vyh.ch may come into his hand.,in virtue of his office; and
hat he w,ldel,ver to h.s successor in office, or other pe.son p,operly authorized
to rece.ve the same all books, pape.-s and other property, belongingto, or ir ny
Otherwise appertaining to his office. o & j ^^^^y
§ 2. The bonds shall bo approved by the county court of the countv, in which
suchcomm.ss.oner res,des, and the approval endorsed the,-eon, one of which, hall
be depos.ted w.th the clerk of said court, and the other forwa;ded by said co rt o
th^e^se^cretary of state, who shall record the same, and deposit the original in hi!
r»l H- 1^\ ^'^^^s^ntinaod in office, in the SaitRiver and Cape Girardeau
land dtstncts, shall not be required tog.ve new bonds, unless their securities shall
w.th,n nmety days after the passage of this act, .equire the sa.ne, in whic e en t
they shall g.ve secunty ,n all thi„gs,and under the same rules and restriction as
po.nted out .n the preced.ng sections, for the comm.ss.oner of the WesteTn I'and
(4. The commissioners shall .-eceive entries, at private sale, for seminary land
.nthe.rrespecnvelandd,stricts,in sections, half sections, .p.arter sections Mf
quartet-^sec tons, or quarter quarter sections, in the sa.e manner, at the s me I c
;:itre sis.' ^^"^ "^"''■'"""^' -^ "-= ^'^"^^ «'-- '-^» »- -- d-sp:::; :,■::.•
§«. The oommi»io„ers shall keep their offices open the first Monday of each
SEMINARY LANDS. 577
month, until the whole of said land shall be disposed of, or until the legislature-
shall otherwise direct.
5 6. The commissioner? shall receive and receipt for all monies arising from
the sale of said lands, in their respective districts, shall pay the amount thereof, into
the state treasury every twelve months, commencing on the first Monday in De-
cember next, and shall take from the treasurer duplicate receipts for the same, one
of which, shall be delivered to the auditor, who shall charge the treasurer there
with, which m'oney, shall be kept by the treasurer as a distin<itfund, for the purpose
for which, said lands were acquired.
§ 7. The commissioners shall every twelve months, commencing on the first
Monday in December next, make out triplicate abstracts, of all the lands sold, un-
der this act, in their respective land districts; one of which sha;ll be forwarded to
the governor, to be deposited in ihe office of secretary of state, one to the auditor,
and one to the state treasurer; which abstracts shall specify each tract of land so
sold; describing it by its section, township and range, fhe quantity of acres, t\ie
price per acre, the name of the purchaser, and the amount of the purchase money.
§ g. As soon as practicable thereafter, the governor shall cause to be forwarded
to each commissioner, respectively, a patent for each tract of land sold, under the
provisions of this act, in their respective land districts, which patents, shall be is-
sued in the name of the state of Missouri, and under the seal of said state, signed
by the governor, and countersigned by the secretary of state, and shall be record-
ed, in the office of the auditor, in a book to be kept for that purpose.
} 9. The commissioners shall each receive three dollars per day, for every da-y,
they may be necessarily employed, in carrying into effect this act, and also, shall
respectively receive one half of one per cent, of all monies by them received and
paid over as aforesaid; which said compensation, shall he paid out of the money
arising from the sale of said land.
§ 10. When two or more persons, shall apply to enter the same piece of land, at
the same time, the commissioners, shall put the same up to the highest bidder; and
the person, who shall bid the highest sum, shall be the purchaser; but in no case,
shall the land be sold for less, than one dollar and twenty-five cents per acre.
§ 11. The governor is authorized to appoint some proper and competent person
to fill any vacancy, which may occur by death, resignation or otherwise; and the
person so appointed to fill such vacancy, shall be fully authorized to discharge all
the duties of his office, as conimissioner, as prescribed by this act, and shall be
subject to give the same security, and perform the same services, as is herein re-
quired of the commissioners.
§ 12. This act to take effect, from and after the first day of May next.
Approved, March \lthj 183&.
74
57 8 SENATORS.— SET-OFF.
SENATORS.
An act prescj-ihing ike 7nanner of eleciing senators from this stale, to the coiigress of tin
United Slates, and the form of their credentials.
Sec. 1. Senators, how appointed ; form of crcdcniials.
2. Form of credentials, when appointed by t!ic executive.
, Be it enacted by the general assembly of tlip. state of Mhsouyi, as follows.
$ 1. Whenever any elections shall be made for senator, or senators, for this state,-
in pursuance of the constitution of the United States; the two houses of the gen-
eral assembly shall assemble togetlier at such times and places as sliall be agreed to-
by both houses, and by joint vote proceed to the election, and a majority of all the
votes given shall be necessary to elect a senator. When the election is ni-ade, the-
president of the senate and the speaker of the house of representatives shall cer-
tify the same to the governor, who shall cause a credential to be made out, with
the great seal of the state affixed thei-eto, and cause it to be delivered to each sena-
tor, which credential shall be in the vv'ords following to wit: State of Missouri to
wit: The general assembly of this state, on the day of , one thousand
eight hundred and , having in pursuance of the constitution of the United
States of America, chosen , a senator of the United States; I governor,
(or person exercising the powers of governor, as the case may be) of the state of
Missouri; do hereby certify the same to the senate of the United States. Given
under my hand and the seal of the state of Missouri, this day of , one
thousand eight hundred and .
} 2. Whenever the executive shall, by virtue of the said constitution, make a
temporary appointn.ent of a senator, he shall deliver to such senator a credential
in the words following to v^it:" State of Missouri to wit. A. B. who was chosen
United States senator for this state in pursuance of the constitution of the United
States of America having died, resigned, or otherwise, (as the case may be) during
the recess of the general assembly of the state; I, governor, (or person exer-
cising the power of governor, as tlie case may be) of said state, have therefore
thought fit to appoint C. D. to fill the vacancy. Given under my hand and the
great seal of the state, tliis day of , one thousand eight hundred and .
Approved^ Dcce7nber 16th, 1834.
SET-OFF.
An act regnlating set-off.
Skc. 1. Mutual delits may beset-off.
2. In suits by executors or ftdministralors, de'its iizainst testator or intestate niav he setoff,
3. May be pleaded or given in evidence O'l ti.e sreiieral issue, notice to he >;iven.
4. If the set-oOf be equal to or less tl.an plaintiiT's-itenianrl, juil^fui;. r liow rendered.
5. If the set-off exceeds the demand of plaintiff, judginen t for tiie excess.
SHERIFF. 579
Be U enacted by the general assemUy of the state of Missouri, as follows:
§ 1. If any two or more persons are uunually indebted in any manner whatso-
ever, and one of them commences an action against the other, one debt may be set-
oii' aivainst the other; although such debts are of a different nature.
5 2. In suits brought by administrators and executors, debts existing against
their intestates or testators, nnd beh^nging to the defendant at the time of their ^
death, may be set-oft" by the defendant, in the same manner, as if the action had
been brought by, and in the name of the deceased.
§ 3. A set-oiT may be given in evidence upon the general issue, or pleaded m
bar, but when it is mtended to be insisted upon in evidence, notice shall be given at
the time of pleading the general issue, of the demand so intended to be insiste^j
upon; and upon what account it became due.
§ 4. If the amount of set-off be equal to the plaintiH's demand, the plaintiff shall
recover nothing by his action; if it be less than the plaintiff's demand, he shall
have judgment for the residue only.
§ 5, It^ there be found a halr.nce due from the plaintiff to the defendant, judg-
ment shall be rendered for the defendant, for the amount thereof, together with
costs.
Approved^ January bth, 1835.
SHERIFF.
An act estdbJishirig and regidating the office of sheriff.
Sfic. 1. To inceive certificate of election, from whom.
2. SheriiT appointed by the governor; his certificate by wJioni made out and delivered.
3. Within what time bond and security to be given, how given, its condition; where tiled.
4- Failing to give bond, office vacated.
5. May be taken by cleric in vacation, to be approved or disapproved by judsc at next term.
6. To be valid until disapproved.
7. Oat;, of office to be taken and endorsed on certificate of election; bond with approval, to be recorded.
8. May appoint deputies, bow; certificate of appointment and oath of office to be filed in clerk's office,
9. Po\Ver and duties of deputy sheriff.
10 & 11- General duties of slicriS" in reference to broaches of the peace, &c.
12. Office of sheriiT and coroner vacant, elizor may be appointed; liis duties.
13. Vacancy to be certified to the governor.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. When any person shall be elected sheriff, the clerk of the^ county court
shall deliver to him a certificate [of j his election under the seal of the court.
§ 2. When aliy person shall be appointed sheriff by the governor, the secretary
of state shall transmit an ofticial certificate of his appointment, to the clerk of the
county court of the county, wiio shall immediately deliver it to such sheriff.
§ 3. Every sheriff, shall witliin 'U'teen days after he receives the certificate of
his appointment or election, give bond to the state in a sum not less than five thou-
sand, nor more than fifty thousand dollars, with securities approved by the judge
580 SHERIFF.
of the circuit [court,] conditioned for the faithful discharge of his duties, which
bond shall be filed in the office of the clerk of the circuit court of the county.
^ 4. If any sheriff fail to give such bond, within the time prescribed, the office
shall be considered vacated.
^ 5. Such bond, may betaken by the clerk of the circuit court in vacation, and
if so taken, shall be approved or disapproved by the judge thereof at the n«xt
term.
§ 6. Such bond shall be valid until disapproved, nor shall its obligations be im-
paired by the disapproval of the judge.
§ 7. Every sheriff shall, before he enter on the duties of his office, cause his cer.
tificate of election or appointment with the oath of office endorsed thereon, and
his bond with the approval thereon, to be recorded at his own expense in the office
of the recorder of the county.
§ 8. Any sheriff' may appoint one or more deputies, with the approbation of the
judge of the circuit court, and every such appointment, with the oath of offir.e en-
dorsed thereon, shall be filed in the office of the clerk of the circuit court of the
county.
} 9. Every deputy sheriff shall possess all the powers and may perform any of
the duties, prescribed by law to be performed by the sheriff.
^ § 10. Every sheriff shall keep the peace, and cause all offenders against law in
his view to enter into recognizance with security to keep the peace, and to appear
at the next term of the circuit court of the county, and to commit to jail in case of
failure. The sheriff shall certify and return such recognizance to the clerk of the
circuit court.
§ 11. Every sheriff shall quell and suppress .assaults ajid batteries, affrays and
insurrections, he shall apprehend and commit to jail, all felons and traitors, and exe-
pute all process, directed to him by legal authority, and he shall attend upon all
courts of record at every term.
} 12. If the office of both sheriff and coroner be vacant, the clerk of the county
court may appoint an elizor, who shall perform all the duties of sheriff until a
sheriff or coroner be qualified, apd shall give bond and security, and make oath as
slierifts are required to do. ^
JJ^' If ;"y vacancy occur in the office of sheriff, the clerk of the county court
shall immediately certify the same to the governor. /
Approved, March \9th, 183.5,
SLANDER.— SLAVES. 58 1
SLANDER.
An act declaring certain words actionable.
Sec. 1. Certain words actionable.
Be it enacted hy the general assembly of the state of Missouri, as follows:
§ 1. It is actionable to publish, maliciously and falsely, in any jtnanner whatso-
ever, that any person has been guilty of fornication or adultery.
Approved, January 14th, 1835.
• SLAVES.
Ayi act concerning slaves.
ART. !• Gf the introduction of slaves, and police regulations concerning them,
ART. II. Of the emancipation of slaves.
ART. III. Concerning gifts of slaves.
ART. IV. Concerning runaway Blaves.
ARTICLE I.
Of the introduction of slaves and police regulations concerning them.
Skc. 1. The introduction into this state, 4"C.; certain slaves prohibited.
2. Penalty on persons violating the provisions of the preceding section.
3. Penalty on persons bringing to this state slaves, belonging to non-residents.
4. Construction of last section.
5. Further construction of the four last sections.
6. Penalty on persons who hire, harbor or employ slaves contrary to the foregoing provision*.
7. Penalty on owner, who hires one slave to another, or permits them to go at large, hiring their own time, or deal
or act as a free person.
8. Duty of sheriff, coroner or constable in reference to the 3d and 7th sections of this article.
9 & 10. Duty of justice of the peace on information that any such slave is running at large or hired out in hii
county.
11. If the owners do not appear and comply with the terms as in the next section; sheriff to advertise; bow.
12. Upon what condition slave may be delivered to owner; recognizance to be given.
13. Recognizance, how taken; its condition.
14. If the owner do not appear, slave may be sold by sheriff; how.
15. Proceeds of sale how appropriated.
16. Construction of the eight last sections.
17. Penalty on master to permit slave to sell spirituous liquor to another slave.
18. Slave punished with stripes for commission of such offence.
19. Slave to be tried in a summary way for such offence.
20. On conviction for such offence, to be committed till costs are paid, and recognizance given for his good behavior.
21. Recognizance given and costs paid, how discharged.
22. If master do not pay costs and give recognizance, slave to be sold; proceeds how applied.
23. Rlaves who harbor or conceal other slaves, punished with stripes.
24. Slavcleaving home without a pass, &c., punished with stripes.
25. Slave coming on the plantation of another without leave, may be whipped.
26. Gun or other weapon found in possession of, how disposed of, may be whipped.
27. Slaves how proceeded against and punished for riots, routes, or unlawful assemblies, or seditious speechei.
28. Penalty on master or overseer, to permit slave of another to remain on the place without leave.
29. Penalty on owners to permit more than five slaves with or without permit to be on place at one time.
582 SLAVES,
Sec. 30- Peiiaity on white person, free negro or mulatto, if found at unlawful assembly of slaves, or harhor them.
31. Duty of justices ill case of such unlawful meetings.
32 & 33- Duty of sheriffs, coroners and constables in such cases; penalty for neglect.
34. Slaves, how punished, for disturbing religious congregation.
35. Penalty on ferry-manor otlier person wiio shall cross a slave without permit, over Mississippi river.
36. Penalty on master, commander or owner of steam boat, &c , for carrying slave out of state without permit.
37. Penalty on person buying or trading with slave without permit.
38 Penalty on person moving beyond the limits of this state taking slaves or other personal property, without
having the absolute right.
39. Construction of the term " master" as used in tliis article.
40 &■ 41- Court to give this article in charge to grand jury; their duty; on presentments cognizable before justice'
how to proceed.
Be it enacted by the general assembly of tJte s'ate of Missouri, as follows:
§ 1. Hereafter no person shall bring or cause to be brought into this state, or
hold, purchase, hire, sell or otherwise dispose of within the same:
First, Any slave who shall have committed, in any other state, territory or
district within the United States, or in ony foreign country, any of-
fence, which if committed within this state, would according to the
laws thereof, be a felony or infamous crime ; or,
Second, Any slave who shall have been convicted, within this state, of any fel-
ony or infamous crime, and ordered to be taken or removed out of
the state, according lo the laws thereof; or.
Third, Any slave who shall have been actually removed out of this state, af-
ter a conviction of felony, or infamous crime, although no order for
such removal shall have been mad; or,
Fourth, Any person, or the descendant of any person, who shall have been
imported into the United States, or any of the territories thereof, in
contravention of the laws of the United States, and held as a slave.
§ 2. Every person, who shall knowingly violate any of the provisions of this
last section,- shall be 'punished by fine, not exceeding five hundred dollai's; to be
recovered by indictment.
§ 3. Every person, who shall bring into this. state and hold to service, or hire to
labor therein, any slave belonging to any person, not a resident of, or bona-fiide era.
igrant to this state, shall be punished by fine not exceeding two hundred and fifty
dollars, to be recovered by indictment.
§ 4. The last section shall not be construed to extend to any person, who shall
acquire a right to a slave within this state, from a resident thereof and shall remove
such slave out of the state, within three months after he acquires a right to posses-
sion, nor to any person, who shall introduce a slave, the owner whereof intending
at the time, to emigrate thereto, shall actually remove to, and settle in the state,
within twelve months after bringing in such slave.
§ 5. Nothing in the four last sections, shall be construed to prevent any person,
from bringing into this state, any slave, for the purpo.se only of passing through the
same, or for a short time abiding therein, if such slave be not kept within the state^
for a longer period than six months, and during that [the] time he shall remain there-
in, shall be kept in the emplopment of the person, by whom he was brought into
SLAVES. 583
the state, and not sold, or hired to labor, nor attempted to be sold nor hired to
labor therein.
§ 6. Every person who shall knowingly hire, harbor, or employ, any slave
brought into this state, in violation of either of the foregoing pi-ovisions, shall for-
leit and pay five dollars, for every day any such slave shall be so hired, employed,
or harbored by him; to be recovered by action of debt, in the name, and to the use
of the county.
{ 7. Every master, or owner of a slave, who shall hire such slave to any other
slave, or permit, or sutler him to go at large, upon a hiring of his own time, or to
act, or deal as a free person, or to hire himself within this state, shall pay, not less
than twenty, nor more than one hundred dollars for each oiience, to be recovered
by indictment.
§ 8. Whenever any sheriff, coroner, or constable, shall discover, within his coun-
ty, any slave going at large, or hired, contrary to the third, or seventh sections of
this article, it shall be his duty, and it shall be lawful for any other person, to arrest
any such slave, and take him before a justice of the peace without warrant.
§ 9. Whenever any justice of the peace, shall receive satisfactory information
that any such slave is so at large, or hired within his county, he shall immediately,
issue his warrant to apprehend and bring such slave before him.
§ 10. Whenever any slave sliall be arrested, and brought before any magistrate
under the foregoing provisions, such magistrate shall enquire into the facts, and if
it appear that such slave has been going at lariie. or hired, contrary to any of the
provisions of this article, he shall commit such slave to the common jail of the
count} , there to remain, until discharged by due course of law.
§ 11. If the owner of such slave, shall not appear, and comply with the terms "
declai-ed in the next section, within ten days after the commitment, the sheriff shall
publish, for three weeks sucsessively, in some newspaper printed in, or nearest to
the county, an advertisement, containmga description of such slave, the cause of
commitment, and the name of the ov/ner if known.
§ 12. Such slave may be delivered to the owner, by order of the circuit court of
the county, or the judge thereof in vacation, if application be made on or before
the second day of the first term of such court, next to be holden after the publica-
tion of the advertisement provided for in the last section; suchapplicant, first pay-
ing the costs and expenses of the proceedings, and entering into a recognizance as
provided for in the next section.
§ 13. Such recognizance, shall be in the sum of five hundred dollars, with one or
more securities, to be approved by the court or judge, conditioned, that the slave
shall not again go at large, or be hired contrary to the provisions of this act; if the
owner of such slave be not a resident of this state, the recognizance shall contain
a further condition, that the slave be removed out the state without delay, and shall
not return thereto, within three years.
5 14. If the owner of such slave, do not appear within the time prescribed by
the twelfth section, and comply with the terms above prescribed, the county court
shall make an order for the sale of such slave, which shall be executed by the
fi84 SLAVES.
sheriff who shall proceed thereon, as in sales of personal property under exe-
cution.
§ 15. The proceeds of such sale, shall be applied, first, to the payment of all
costs and expenses, including five per centum to the sherilf for his commission*
one-fourth of the residue, shall be paid into the county treasury for the use of the
county, and the other three-fourths, shall be paid to the owner of the slave, on his
application to the court therefor.
§ 16. Nothing contained in either of the eight last sections, shall be construed
to discharge, or exempt any person from any fine or forfeiture lie rein-be fore de-
clared for a violation of any of the provisions of this act.
§ 17. Every master^ or O'WReT of a slave, who shall permit, or sufier such slave,
to sell, barter, or deliver, any vinous or spirituous liquor, to the slave of any other
person, without the authority in writing, of the owner of such last mentioned
slave, shall be punished by fine, not exceeding three hundred dollars, to be recovered
by indictment.
§ 18. If any slave shall sell, barter or deliver, to any other slave, any vinous or
spirituous liquors, he shall be punished by stripes not exceedmg twenty-five, and
shall stand committed until he be discharged in the manner herein-after directed.
} 19. Every slave, charged with the commission of the ofl^enee specified in the
last section, shall be tried in a summary manner before a justice of the peace, and
the same proceedings shall be had as in other cases of the trial of slaves for offen-
ces cognizable before a justice of the peace.
^ 20. Upon conviction of such slave, he shall, after the execution of the sen-
tence, be committed to jail, unless his master or owner will pay the costs, enter
into a recognizance in the sum of two hundred dollars with sufficient security,
conditioned, for the good behavior of such slave for the term of one year, and that
he will not, during that time, violate the provision of the eighteenth section of this
article.
§ 21. When a slave shall be committed for want of such recognizance, he may
be discharged by the circuit court, or the judge thereof, on the application of the
master or owner, and his entering into a recognizance, as specified in the last sec-
tion and paying all costs and expenses.
§ 22. If the master or owner do not appear, and comply with the terms speci-
fied in the last section, on or before the second day of the circuit court, next hold-
en after the commitment, the slave shall be sold, and the proceeds applied as speci-
fied in the fourteenth and fifteenth sections of this article.
§ 23. Every slave, who shall harbor or conceal any slave, who shall have absent-
ed, or deserted from the service of his master, overseer or employer, shall be pun-
ished by stripes, not exceeding thirty -nine, upon a trial and conviction before a
justice of the peace.
§ 24. Any slave, who shall go from the tenements of his master, or other person
with whom he lives, without a pass, or some letter or token, whereby it may ap"
pear that he is proceeding by authority from his master, employer or overseer, may
be apprehended by any person, and being carried before a justice of, the peaces
SLAVES. * 51^5
f?hall, by order of such justice, be punished with stripes, ia th© discretion of such
justice.
§ 25. If any skive sliall come, and be upon the plantation of any person, with-
out permission in writing from his or her owner or overseer, not being sent upon
lawful business, the ow^ner, or occupier of such plantation, may cause such slav^
for every such ollence, to be whipped not exceeding twenty lashes.
§ 26. Any gun, or other oflensive or defensive weapon, found in the possession
of a slave, may be seized by an-y person, and upon proof of such seizure, before a
justice of the peace of the county where the same shall liave been made, such gua,
or weapon, shall be, by the order of such justice, adjudged and forfeited to the
seizor for his ov/n use, and such slave shall receive by order of the justice any
number of lashes not exceeding thirty.
§ 27. All riots, routs and -unlawful assemblies, and seditious speeches of slaves^,
shall be punished with stripes, at the discretion of a justice of the peace, and it shall
be lawful for any person, without further warrant, to apprehend slaves so offend-
ing, and carry them before the justice.
§ 28. If any master, or mistress, or overseer of a family, shall knowingly permit,
or suffer any slave, not belonging to him or her, to be and remain upon his or her
plantation or premises, above four hours at any one time, without the consent or
permission of the ov/uer or overseer of such slaves, such master, mistress or over-
seer, so permitting, shall forfeit and pay to the owner or overseer of such slave,
five dollars for every such offence, to be recovered by action of debt.
§ 29. Any owaicr or overseer of a plantation or tenement, who shall permit, or
suffer more than five slaves, other than his or her own, to be and remain upon his
or her plantation or tenement, at any one time, with, or without the consent of tho
master or overseer of such slave, shall forfeit and pay one dollar for each slave,
above that number, to the informer, to be recovered by action of debt, unless such
slaves have met together on Sunday at public worship, or on any other day, for
the purpose of laboring, or some lawful occasion.
§ 30. If ony while person, or any free negro or mulatto, shall be found in the
company of slaves, at any unlawful meeting, or shall harbor or entertain any slave,
without the consent of his, or her owner or overseer, such white person, free ne-
gro or mulatto, shall forfeit to the informer, ten dollars for every such offence, tq
be recovered by action of debt, and if a free negro or mulatto, shall moreover re-
ceive any number of lashes, not exceeding thirty, by the order of any justice of
the peace, before vvhom, he or she shall be carried.
§ 31. Every justice of the peace, upon his own knowledge of any unlawful
meetingof slaves, or of slaves and free negroes ormulattoes, or on information
thereof^ within ten days thereafter, shall issue his warrant to apprehend such slaves,
free negroes or mulattoes, and cause them to be brought before himself, or any
other justice of the county, to be dealt with as this act directs.
5 32. Sheriffs, coroners and constables, upon a knowledge, or information of
any unlawful meeting of slaves, or free negroes or mulattoes, or any riot, rout, or
unlawful assembly thereof, shall endeavor to suppress the same, and shall, withoyf
75
^^G SLAVES.
further warrant, bring the oflenders before some justice of the peace of the countv
to be dealt with as this act directs. ' '
§ 33. Any sheriff, coroneror constable, who, upon knowledge or information,
shall neglect or refuse tocomply with the requisition of the foregoing section, shall
forfeit for every such offence, to the informer ten dollars to be recovered by action
of debt. "^
i 34. Any slave who shall, by noise, riotous or disorderly conduct, or otherwise,
disturb any religious congregation, assembled for the purpose of public worship
may be apprehended by any person, and forthwith carried before any justice of the
peace of the county, who shall examine into the truth of the charge, and being
satisfied of the truth thereof, shall cause such slave to be whipped, not exceeding
thirty-nine lashes.
{ 35. Any ferryman, or other person, who shall cross any slave, from this state
across the Mississippi river, unless such slave, have a pass or permit in writing
from his master, mistress, overseer or employer, particularly directed to such ferry-
man, or other person, shall forfsit and pay to the owner or employer, for the use
of the person injured, all damages and costs which may accrue to the owner or
employer of such slave, and the value of such slave in addition thereto, to be re-
covered by action on the case.
§ 36. Any master, commander or owner of aste^m boat, or any other vessel, who
- shall transport or carry away any servant or slave, out of this state in such vessel,
without the consent or permission of the person, or persons to whom such slave
■doth of right belong, or who has authority to grant such consent, or permission,
shall forfeit and pay one hundred and fifty dollars, to the owner of such servant or
slave,toberecoveredbyactionof debt, without prejudice to the right of such
owner to his action at common law.
§ 37. Any person who shall bu,y, sell, or receive of, to or from a slave, any corn-
modify, whatsoever, without the consent in writing, of the master, owner or over-
seer of such slave first held and obtained,or who shaU deal with any slave, without
^uch consent, shall forfeit to the master or overseer of such slave, four times the
value of the commodity, so bought, sold or received, to be recovered with costs, and
shall also, forfeit to the county, in which the offenoe was committed, twenty dol-
lars, to be recovered by indictment with costs.
§ 38. Any person, migrating beyond the bounds of this state, with an intention
there to reside, who shall carry away with him or her, any slave or slaves, or other
personal property, not having at the time of the removal of the same, the unlimited
and absolute title and interest in such slave or other personal property,or the con-
sent of all persons interested to such removal, shall forfeit all his or her right, title
andinterest, in such slave or other personal property; which forfeited right, title
and interest, shall immediately vest in the person or persons entitled in remainder
or reversion, absolutely.
§ 39. The term "master" as used in this article, shall be construed to include
every person, who at the time, shall have the possession and control of a slave.
SLAVES. 587
whether he be owner, or bailee, or have the general, or special property in his
own right, or in right of another.
(• 40. It shall be the duty of the circuit courts respectively, at each term, to give
this article in special charge to the grand jury, whose duty it shall be, to make
diligent inquiry and presentment, of all violations of the provisions of this article.
§ 41. Whenever a grand jury, shall make presentment of any violation of this
article, cognizable before a justice of the peace, such presentment, shall be certified
to some justice of the peace of the proper township, who shall imniediately pro-
ceed thereon, according to the foregoing provisions.
ARTICLE II.
Of the emancipation of slaves.
bEC. 1. How slaves may be emancipated.
2. Effect or Buch emancipation.
3. Slaves emancipated, liable to he taken ih execution in certain cases.
4. Person emancipating slave, liable fqr his support, in what cases.
5. Person emancipating slave, to deliver to liim a copy of the act of emancipation, how certified, &c.
6. Emancipation by will, copy how and by whom made out and delivered.
7. Fees of clerk for making out such copies, and liy whom.paid.
8. Taxes or levies imposed on slaves emancipated, how and by whom paid.
§ 1. Any pereon may emancipate his or her slave, by last will, or any other
instrument in writing under hand and seal, attested-by two witnesses, and proved
in the circuit court of the county, where he or she resides, or acknowledged by
the party in the same court.
§ 2. Such emancipation shall have the effect to discharge the slave, from the
performance of any contract entered into during servitude, and shall make such
slave, as fully and perfectly free, as if such slave had been born free.
§ 3. Slaves emancipated by virtue of this law, shall be liable to be taken in exe-
cution, to satisfy any debt, contracted by the person emancipating them, prior to
the- act of emancipation, as if no such act had been made.
§ 4. The person emancipating a slave in virtue of this law, shall be held to sup-
port and maintain such slave,
First, Where the slave shall not be, in the judgment of the court, of sound
mind and body.
Second, Where the slave shall be above the age of forty-five years; and,
Tliird, W^bere the slave being a male, shall be under the age of twenty-one
years, or being a female, shall be under the age of eighteen years,
and the circuit court of the county, where the person emancipating
the slave resides, may, upon application of any inhabitant of the
county, order the sheriff to distrain and sell, so much of the personal
or re'al estate of such person, as shall be sufficient for that purpose.
§ 5. Every person emancipating a slave, shall cause to be delivered to him or
her, a copy of the act of emancipation, attested by the clerk and the seal of the
court, in which the act was proved, or acknowledged.
§ G. Where the emancipation has been by hvst will, iJie executor or adminis-
trator of the testator, shall cause to be delivered a copy as is required ili the last
preceding section.
§ 7. The clerk making out and attesting such copies, shall receive the like fees
as are allowed for attested copies in other cases, to be paid by the person emanci-
pating, or his or her executor or administrator.
§ S. When any slave emancipated by- virtue of this law, shall neglect or refus6^
to pay, any taxes or levies imposed by law, and the collector shall not find
property of such liberated slave, out of v/hich, to make such tax or levy, it shall be
the duty of such collector, to distrain, and sell, of the goods and chattels of the
person who shall have liberated such slave, if he be in his county, as much as shall
be sufficient to pay such tax or levy, as if tlie same had been assessed to such per-
son himself;
ARTICLE IIL
Concerning gifts of slaves^
Sec. 1. Slaves deemed persona! estate.
2. In what cases the right in slaves shall pass by gift.
S. To what gifts this law shall intend.
{ 1. Slaves shall be held, taken and deemed to be personal estate*
§ 2. No gift of any slave, shall pass or vest any right, estate or title, in or to^
such slave, in any person or persons whatsoever, unless the same be made:
First, By will duly proved and recorded; or,
Second, By deed in writing, to be proved, by not less than two witnesses, or
acknowledged by the donor, and recorded in the county where oae
of the parties lives, within six months after the date of such deed.
§ 3. This law shall only extend to gifts of slaves, whereof the donors have,
hotwithstanding such gifts remained in the possession, and not to gifts of such
slaves, as have at any time, actually came into the possession oty and remained
with the donee, or some person claiming under such doiiee.
ARTICLE IV.
Concerning runaicay skives.
Sec. 1. Slave suspected of l)t;ing nuiaw.ny may be taken hefore justice of tlie pence.
2. Justice to grant such apprehender a warrant to deliver tlie slave to the owner, wheii.
3. To grant a warrant to deliver siicli runaway to the keeper of the county jail, wheri.
4. Justice to issue his warrant to apprehend runaway shive, wiien and in what cases.
5. Person committed to jail as a runaway, slieriff to advertise, and how.
G. Sheriflf to advertise such runaway in newspaper, when.
7. If owner do not appear in twelve months after advertisement, slr.ve to bo sold, notice of sale how given, S^c.
8. Proceeds of sale, after deducting expenses, to be paid into tlie state treasury.
$. If owner proves property in such slave, to draw the money from the treasury, when.
* 10. What shall be required of claimant before runaway shall be delivered up to him.
Jl. When runaway is sold, duplicate statements to be made out by slieriiT; their contents.
\2. Amount to be paid into the treasury to be certified to the auditor, i^-c.
f5. When the money ia paid sheriii' to taka treasurer's receipt and present it to the auditor &r.
SLAVES. 589
Skc. 14, ^' 15- Proceedings to obtain money paid into the treasury.
16. Reward to person apprehending runaway, liow paid.
17. fiuch fees to be retained by the sheriT, when; sheriff liable to pay them, when
13. Wlio declared to be a runaway.
19. Court or judge may discbarge person apprehended, when.
20. In what cases and when expenses and jailors' fees to be paid by the state.
§ 1. Any person may apprehend any negro or mulatto, being, or suspected of
being, a runaway slave, and take him or her before a justice ofthe peace.
§ 2. If it shall appear to such justice, by the oath of the person apprehending or
otherwise, that the person so brought before him is a runaway slave, he shall make
out and deliver to the apprehender, a certificate of the distance, between the place
where such runaway was apprehended, and the place whence he or she fled, and
may grant to such apprehender, a warrant to convey and deliver such runaway,
to the owner or person entitled to possession.
§ 3. If the owner, or person entitled to possession, be not known,, then such jus-
tice shall make out and deliver to the apprehender, a warrant to such apprehend-
er, to take, convey and deliver such runaway slave, together with the warrant, t,o
the sheriff", or other keeper of the common jail of the county, in which such justice-
resides,
§ 4. Where any justice of the peace, shall have cause to suspect, from informa:'
tion or upon his own knowledge, that any runaway slave is lying out, hid, or lurk-
ing in his county, such justice shall issue his warrant, reciting the name of the
slave, and his owner (if known) directed to the sheriff, or any constable in his coun-
ty, commanding such sheriff, or constable, to apprehend such slave and commit
him to the jail of the county, to be dealt with according to law.
§ 5. When any person siiall be committed to any jail as a runaway, according
to law, the sheriff of the county shall, forthv^'ith, cause an advertisement to be put
up at the court house door, which advertisement shall give a description of the run-
away, his or her name, wearing apparel, and the naine and place of residence of the
person, to whom such runaway is supposed to belong.
§ 6. If the owner, overseer or emplo5"er of any runaway slave, committed to jail,
shall not, within two months after such commitment, appearand claim such runa-
way, and pay all lawful charges incurred, in the apprehension and securing of him
or her, the sheriff shall then publish a like advertisement, in some newspaper pub-
lished in the state.
§ 7. If the owner, overseer or employer, of such runaway, shall not appear and
establish his claim to such runaway within twelve months after the first publica^
tion required by the last preceding section, and pay all lawful charges, the sheriff
shall sell such runaway, to the highest bidder, at the court house door, first giving
one month's notice of the time, place, and cause of such sale, in some newspaper
published in this state.
§ 8. The sheriff, after deducting the legal expenses of apprehending, securing,
advertising and selling such runaway, shall pay into the state treasury, the remain-
ing proceeds of such sale.
590 SLAVES.
§ 9. If the owner shall prove his- propei'ty, in such runaway, at any time withirr
five years after the day of his or her sale, such owner shall be entitled to draw from
the treasury, the amount of proceeds paid over by the sheriff.
^ 10. Before any runaway slave, in custody by virtue of this law, shall be de-
livered up to any claimant, such claimant shall.
First, Prove by the affidavit of some disinterested witness, that such claim-
ant has lost such a slave as the one described in the advertisement,
which affidavit shall be taken before some competent officer in the
county where the slave was committed to jaily
Second, Make oath tiiat the runaway is the same that he losty.
Third, Give bond with security, to indemnify the sheriff;
Fourth, Produce a certificate of the proof made and security given, under the
seal of the court, or hand of the officer, before whom the same shall
have been taken; and
Fifth, Pay all expenses incurred in apprehending, receiving, securing and ad-
vertising the runaway; but the proper agent of any person claiming,
may claim, prove and receive such runaway in like manner, as the
owner is herein enabled to do.
§ 11. When any runaway slave shall be aold, as is herein-before directed, the
sheritF shall make out duplicate statements, showing the name, age. and particular
description of the runaway so sold, and a particular account of the expenses of apr
prehending, keeping, advertising and selling such slave, together with a copy of the:
advertisement.
5 12. The county court shall audit and examine such statement, and ascertain,
the amount to be paid into the treasury, and cause their clerk to certify the same
under the seal of the court, to the auditor of public accounts, who shall charge th©
sheriff therewith.
5 13, The sheriff shall pay such amount into the state treasury, and the treasure
er shall give receipts therefor accordingly, which, being presented to the auditor,
shall be by him credited to the sheriff, and charged to the treasurer.
§ 14. Any person, claiming any money paid into the treasury, by virtue of this
\aw, may present his petition to the circuit court of the county, in which the runa-
way was sold, setting forth the ground of his claim, and having served a copy of
his petition on the attorney general, or circuit attorney, who is required to appear
^nd defend against the said petition on behalf of the state, the court sliall cause an
issue to be made up and tried, as other issues, to try the right between the claimant
and the state.
§ 15. If the isssue shall be found for the claimant, the court shall grant him a cer-
tificate thereof, which being delivered to the auditor of public accounts, he shall
draw his warrant for the amount, on the state treasury, in favor of the claimant,
specifying in the warrant that it is dra:wn by virtue of this act, and the certificate
of the court; and the amount shall be paid by the treasurer, out of any monies in
the treasury not otherwise appropriated; but no claimant shall be entitled to any
STATE LIBRARY. 591
greater sum out of the treasury, by virtue of this law, than was paid into the same,
as the proceeds of the runaway claimed.
{16. Every person who shall appi-ehend any runaway slave, and deliver such
slave to the owner, or other person entitled to receive such slave, or to any jailor?
according to the provisions of this law, shall be entitled to receive five dollars, and
ten cents for every mile of such distance as he shall, necessarily, convey such
slavey or such sum, in lieu thereof, as the own-er, or other person claiming such
slave, may previously have offered for the same services, at the election of the per-
son apprehending, to be paid by such owner, or person claiming, or by the sheriff
out of the proceeds of the sale.
§ 17. The sherifFshall, before delivering any slave to the owner, or person claim-
ing, require payment of the fees or charges allowed by the last preceding section,
if he shall have had notice thereof, and the sheriff, having such notice, shall be lia-
ble to the party entitled, for the payment thereof at all events.
} 18. Every slave, who shall be found at any place, more than twenty miles dis-
tant from the plantation, lot, tenement, or other place, where such slave is employ-
ed, or required to be, by his, or her own^er, overseer or employer, without a wrft-
ten pass, or permission to that effect, from such owner, overseer or employer, is
^declared to be a runaway slave, within the meaning of this law.
§ 19. Any court of record, or any judge thereof, in vacation may at any time
order any person who has been apprehended or imprisoned as a runaway slave,
■to be discharged, on being satisfied that such person is not a runaway slave; and
•for that purpose may cause such person to be brought before them, by writ of habeas
corpus.
§ 20. When any person committed as a runaway slave shall die in jail, or be
discharged from custody by the order of any court, or judge, or upon a writ of
habeas corpus^ the expenses of supporting such prisoner, and the jailor's fees, shall
be paid by the state.
Approved:^ March Idth., 1^35*
STATE LIBRARY,
An act for the better regulation and management of the state library*,
Sv!c. 1. Secretary of state to be librarian, shall have the custody of books, &c.
2. Librarian to have charge of all books, &c., properly belonging to the library.
3. He shall cause certain works to be bound, and how.
4. Library to be kept in a convenient room in the state house.
5. Deficiency in certain works to be procured by tlie librarian, how.
6. Copy of each of the acts of congrers to be transmitted to each clerk of circuit court, &;c
7. Librarian to purchase books, &c., under the direction of the governor.
8. Books donated or purchased to be kept in the library, catalogue, &c., to be kept, report, &;c., to be made
to the legislature.
9. Expenses, &c., incurred under this act, to be paid, out of what fund.
10. Accounts adjusted and warrants drawn by the auditor.
592 STATE LIBKAllY.
&ac. 11. Dooks not to be reinorcd from the library except by certain officers.
12. No person to remove a book without giving .-i receipt therefor.
.13. Penalty on persons injuring or failing to return a book, &c.
14. Citizens or strangers may be introduced into tiie library by certain officers.
J5. Librarian to carry this act into c;Tect, and to sue for all injuries done the library, and iicnaltics.
Be it enacted by the general assembly of the slaie of Missouri^ as fullotcs :
^ 1. The secretary of state shall be the librarian of the state library, and shall
have the custody and direction of all books belonging to the same, and take spe-
cial care that none of them be lost or injured.
§ 2. The librarian shall have the custody, charge, safe- keeping, management and
^direction of all books, papers, maps, charts and all other things, of what nature so-
ever, properly belonging to the library, and shall take special care that none .of
them be lost or injured.
§ 3. He shall cause to be bound (if not already done) in a cheap, but good and
substantial manner, three copies of each of the following works: the acts of each
session of congress, the acts of the Missouri legislature, and the acts of every oth-
er state in the United States; the journals of each house of congress; the journals
,of the general assembly of this state, the decisions of the supreme court of this
'State; and all state papers and documents of the United States.
§ ^. The librarian shall cause all such books, now owned by the state, and such
as may be hereafter acquired by it, to be thus prepared, arranged and kept in a
fConvenient and suitable room in the state house.
§ 5. Where there shall be a deficiency in any of the acts, journals, or other works,
it shall be the duty of the librarian, to correspond WMth the proper officer for that
•purpose, and if not otherwise procured, he shall purchase the same, and place them
in the library.
§ 6. The librarian shall cause one copy of the acts of each session of congress,
to 'be bound and transmitted to the clerk of the circuit court of each county in
this state, for the use of the courts, and for vrhicii, the clerk shall make out and for-
ward his receipt to the librarian, whose duty it shall be, to make a regular entiy of
the same, and put the original on file.
§ 7. It shall be the duty of the librarian, uiider the directions of the governor,^to
-purchase all such books, maps or charts, as he shall deem necessary and expedient,
and provide suitable presses, for their reception and preservation.
§ .8. All books donated to, or purchased by the state, shall be kept in the library
and it shall be the duty of the librarian to make a complete catalogue of all the
books, maps and charts, then in the library, and report the same to the legislature
at the commencement of each session, together with the manner, and for what.
books, the annual appropriations have been expended.
§ 9. All expenses, of procuring and binding such copies of acts and journals, as
are mentioned in this act, and the necessary expenses for stationar.y, candles and
fuel, shall be paid out of the contingent fund of the general assembly.
§ 10. The auditor of public accounts, shall adjust the accounts of the librarian
under this act, and draw warrants on the treasury for the payment of the same.
\ W. No person shall be permitted to remove a book from the library, except the
STRAYS. 593"
governor, the executive officers at the seat of government, the members and ofa-
cers of the general asseiiihl}', judges of the supreme or ciicnlt courts of this stale, or
of the United States, or the attorney general and cwcuit attornies.
§ 12. jNIo person shall be permitted to remove any book from the librory, ^vith-
out giving a receipt therefor, to the librarian.
§ 13. If any person injure, or fail to return any book, map or chart, taken from
the library, for more than three months, he shall forfeit and pay to the librarian, for
the benefit of the library, three times the value thereof, or of the set to v.diich it be-
longs, to be recovered in the name of the state, for the use of the library, in any
court having jurisdiction thereof.
§ 14. The officers of the several departments of government, who are entitled
to the use of the library, may introduce citizens, or strangers into the library, v;!jo
shall have the privilege, during all seasonable hours, to read any of the books t.hore-
in, not required for tlie use of such officers.
§ 15. The librarian shall carry this act into execution, and sue for all injuries
done to the library, and penalties under this act.
Ap].rovedy March ]Oth, 1C35.
STRAYS.
An act concerning alraySi
Bio. 1. When strays may be taken up.
2. Wlio authorized to take up strays; who required to give bond before lie can take up a slray.
3. Person may lake up stray though not found on liis own ph^ntation, when.
4. Person taking up stray to give information to justice, to take oath, &.c.
5. Justice to appoint appraisers, how.
6. Appraisers to take oath, appraisement embracing description of property to be returned to justice and recori^ed.
7. Justice vvitliin ten days to send certified copy to the clerk, and deliver a copy to the takcr-up.
8. Justice to give to taker-up, a written statement of the duties required tn ho performed by him.
9. Takcr-up to cause notices to he put up, when, where, and their enntents.
10. Clerk to record certificate of strays in a book kept for tliat imrpose.
11. Clerk to set up in iiis office a list of strays; list liovv made out.
12. Secretary of state to contract with two printers to puljlis'i all strays, Itow, &c.
13. Clerk of eac'i county court to lie notified of the printer employed, and llie price of adverti ements.
14 Printer once a month to publish a list of strays and transmit such list to clerk of each county court.
15, ^' 16. I'ist to be kept in clerk's oiTicc free for inspection of all pcrson.-i. Componsaiion to printer.
17. Secretary to contract with printer, v/hcn; varaiicies in the . ftiio of printer, how filled.
18. Copy of appraisement to be transmitted to printer, wlen, foes how and by whom paid and accounted fot.
19. Strays may lie used or worked with care and moderation.
20. Claimants may prove stray within one year, and entitled to receive same by paying costs, cl;avgei=, &c.
21. Owner failing to prove stray within twelve months, property vested in taker-up.
22. If after twelve months owner proves property, takcr-up may pay appraised value or deliver up stray.
23. Stray eacape or die, without fault of tal<er-up, not liable for the same.
24. Reward for taking up strays.
25- Penalty on person who siiall sell or swnp or take out of the state a stray, before title is vested in him.
26. Penalty on persons taking up, using or working strays contrary to this act.
27. Penally on persons who take up strays and fail to comply willi the provisions of this net.
28. Penalty on clerk, printer or justice of tne peace failing to comply with pr"visionB of ibis aet.
76
S94 STRAYS.
Be it enacted by the general assembly of the state of Missouri, as follows;
§ 1. No person shall take up any unbroke animal, as a stray, between the first
day of April and the first day of November, unless the same be found within his
lawful enclosure, nor shall any poison, at any time take up any stray unlets it be
found on his plantation.
§ 2. No person shall be authorized to take up any stray beast, unless he be a
free white person and a householder, unless he first enter into bond and sufficient
security to run in the name of the state of Missouri, for the use of the owner, in
double the amount of the property proposed to be taken up, to be ascertained by
the justice before whom the person wishes to post said stray beast.
§ 3. If any horse, mule or ass, liable to be taken up, come to any person's plan-
tation, any other person may notify him of the fact, and if he fail to take up such
stray, for more than ten days after such notice, any other person, of the same
county, may take up such stray, and proceed with it as if taken up upon his own
plantation, except that he shall produce to the justice of the peace proof of the ser-
vice of the notice, and shall not swear that the stray was taken up on his own
plantation.
§ 4. If any person take up any stray of any kind, and it be not claimed and
proved, he shall, within five days, take it before a justice of the peace of the coun-
ty, and make oath that it was taken up on his plantation, and that the marks and*
brands have not been since altered to his knowledge.
§ 5. If necessary, the justice shall issue a summons to three disinterested house-
holders, to appear and appraise the stray.
§ 6. The householders, or two of them, shall take an oath tliat they will fully,
fairly and impartiully appraise the same, and their appraisement, embracing a de-
scription of the size, color, age, marks and brands of the stray, shall he entered by
the justice in a book kept by him for that purpose.
§ 7. The justice shall, within ten days, send to the clerk of the county court, a
certified copy of the entry on his stray book, and shill also deliver to the taker-up
a copy of the same.
§ 8. The justice of the peace shall give to the taker-up a written statement of
the duties required by law, to be performed by such taker-up.
§ 9. The taker-up shall, immediately after the appraisement, cause a notice to
be set up at the court house, and at one public place in every township of the
county, which shall contain a copy of the entry on the justice's stray book.
§ 10. The clerk of the county court, immediately after receiving trie certificate
of any stray from the justice, shall record the same, in a book to be kept for that
purpose
§ 11. Such clerk shall also keep, hung up in some conspicuous place in his ofHce,
a list containing a brief description of each stray, the name and residence of the ta-
ker-up, and the time at which it was taken up, and shall enter such description of
each stray on the list, as soon as the certificate is filed in his office. Any part of
said list may be removed, when it has I'emained one year.
§ 12. The secretary of state shall select and and contract with one printer on
STRAYS. 595
the north side of the Missouri river, to print all advertisements of strays reqairrea
by law to be published on that side of the river, and another printer on the south
side of that river, to print all such advertisements of the south side of that river.
§ 13. The secretary of state, immediately after contracting with any printer
shall notify the clerk of each county court, on that side of the river, of the name
and residence of the printer, and the price of advertisements.
§ 14. Such printer shall, once in each month, issue a newspaper or printed sheet,
in which he shall give one insertion to all advertisements of strays sent to him, and
shall send one copy of such monthly sheets to the clerk of each county court on
his side of the river.
§ 15. Such clerk shall receive, file and preserve in his office, all such papers sent
to him, for the inspection of all persons who desire to examine them.
§ 16. Such printer shall receive for each advertisement, a sum agreed by the
secretary of state, m the contract, not to exceed fifty cents.
§ 17. The secretary shall contract with printers, as *oon as this law goes into
effect, and such contract shall terminate and be renewed on the first day of Janua-
ry annually; and vacancies in the office of printer shall be filled by the secretary of
state by new contracts, as soon as he shall have given reasonable notice to all the
•printers in the district.
§ 18. If the owner of any stray horse, mule or ass, do not prove him according
to law, within twenty days from the time the same was taken up, the person taking
it up shall pay the clerk all fees, the necessary postage, and the price of advertise
ment, and the clerk shall immediately transmit by mail, or otherwise, to the proper
printer, a copy of the appraisement of the stray, and shall account to the printer for
all money received for him.
{ 19. Any person may use or work a stray, legally taken up by him, if he do so
with care and moderation, and do not abuse or injure it.
§ 20. The owner of any stray may, within one year from the time of taking up^
prove the same by evidence, before a justice of the peace, and upon the payment
of all costs, the reward, and a reasonable allowance for keeping the same, he shall
be entitled to receive the stray. If the owner and taker-up cannot agree in the
amount of such allov/ance, it shall be settled by some justice of the peace, who
shall take into consideration the trouble and expense of the taker-up, and whatever
use or service he may have had of such stray.
§ 21. If the owner fail to comply with the preceding section, for one year after
the time of taking up, and the taker-up shall have complied with this law, a complete
title to such stray shall vest in the taker-up.
§ 22. If, after the end of one }ear from the taking up, the owner shall appear
and prove such stray, and pay all costs and expenses as above provided, the taker-
up shall pay him the appraisement price of the stray, or, at his option, may deliver
him the stray.
{ 23. If any stray legally taken up get away or die, without the fault of the taker-
up, he shall not be liable for the same.
§ 24. The following rewards shall be paid for taking up strays: for every horse
506 ' «TRAYS.
mule or ass, one dollar; for every coll under two years old, fifty cents; for every
head of cattle, thirty-seven and a half cents; for each head of'other kind of animals
twenty -five cents.
§ 25. If any person sell or swap, or take out of this state, any stray, before the
je<>al title shall have vested in him, he shall forfeit to the county, double the value
of such stray, and may also be punished by imprisonment on indictment, not ex-
ceeding cne}ea]-, and foi'feit to the owner double its value.
§ 26. If any person unlawfully take up any stray at any place except at his
plantation, or tnke up any stray, and fail to comply with this act, or use or work
such stray, in any manner contrary to this act, or use or work it before having it
appraised, or shall keep the samo more than thi'ee d lys out of the county at any
one li;n3, before he acquire title to the saaie, sach ojfjnder shall forfeit to the coun-
ty twenty dollars.
§ 27. If any person take up any stray, and violate or fail to comply with this act,
or abuse or injure such stray, the owner may recover of him double the amount of
all injury sustained, with coat.--.
§ 28. If any printer, clerk or justice of the peace, fail to perform the duties en-
joined on him by this act, he shall forfeit to the county not less than five, nor more
than fifty dollars, and pay to the party injured not less than five nor more than nine-
ty dollais. - ^
Ap»rov(idf March lih, 1 835.
ST RAYS.
An atl supplementary to an act concerning strays^ passed at this session;
approved, 7th March, 1885.
Bsc. 1. Proceedings on taking up any neat cattle, slieep, hog or goat.
2. Owner not appearing fifteen days after it is posted, same to be recorded in clerk's office.
3. Compensation to clerk for liis services in relation to strays
. Compensation of justice for eacl! certificate; certificate to embrace all animals, &c.
Bt^ it enacted by the general assembhj of the stale of Missouri, as follows:
} 1. That any person who shall take up any head of neat cattle, sheep, hog orgeat,
shall within ten days thereafter, unless it shall have been previously claimed and pro-
ven by the proper owner, and a tender made of the compensation allowed in the
actto v.'hieh this is a supplement, go before some justice of the peace of the town-
ship or county, and make oath as is required in the taking up of a stray horse, and
such taker up, shall cause two householders of the township, to view such stray
and go with him bsfore said justice, they being first sworn, shall describe and
appraise such stray, or strays, as is required in the case of a horse beast, which
description and valuation shall have the same proceedings as is required in the act,
to which this is a supplement, in the case of a horse, except that the taker-up shall
SURVEYORS. ,097
not 1)6 required to publish the same in a newspaper; bul; slial! advertise the same,
in three of the most public places in the township in which strays are taken up
and on failure of the claimant appearing in one year, and satisfying the costs of
posting, and fees allowed for taking up, Avith a reasonable con^pensation for keeping
such strays, to be ascertained by two disinterested householders, the taker-up shall
have a complete title to such property.
} 2. If theownor does not appear and prove said stray in fifteen days after it is
posted, it shall be the duty of the taker up to have the same recorded in the clerk's
office of the county.
} 3. TiiC clerk shall receive the fvjllowiitg fees for his services in relation to
strays: for recording each certificate of an estray, twenty -five cents, for recording
each certificate of appraisement, twenty -five cents, whether such certificate con-
tain a greater or less number of animals.
§ 4. The justice of the peace, shall receive the sum of twenty-five cents, for
each certificate of strays taken up or appraised before lum, and shall put in one
certificate all tiie animals taken up by any one person.
Approved J March 21."?^, 1835.
SURVEYORS.
An act concerning the ojficc of county survptjors and dcjlnuig the duties thereof.
Pic. 1. Surveyor to lie elected, tenure of liis Oifice, I'.ow conimUsioriei!, vac.iiiciea, liow filleil.
2. To execute orders of court.
5. What survej's only shall be evidence.
4. Surveyor interested, court may direct soirc other person to make survey.
6. Surveyor to keep record of surveys, and furnish conies.
6. Lands divided hy county lines, l)o\v surveyed.
7. Chaininen and markers to he sworn; their expenses liow paid.
8. Compensation to chainmen and markers.
9. Deputies may be appointed.
Be it enacted by the general assemhty of the state of Missouri^ as foUoics:
$ 1. That at the August election in eighteen hundred and thirty-five, and every
fourth year thereafter, the qualified voters of each county shall elect some suitable
person as county surveyor, who shall hold his office for four years, and until his
successor is elected and commissioned and qualified, and the clerk shall certify the
election of county surveyor, in the same manner as other elections, and shall be
commissioned by the govei-nor as other officers, and in case of death, resignation
or otherwise, the vacancy shall be filled as in case of a sheriff.
§ 2. It shall be the duty of the said county surveyor, to execute all orders to him
directed by any court of record, for surveying or re-surveying any tract of land,
the title of which is in dispute, or litigation before such court, and also all orders of
survey for the partition of real estate.
§ 3. No survey or re-survey hereafter made, by any person except the county
surveyor or his deputy, shall be considered as legal evidence, in any court of law
•W« SURVEYORS.
or equity within this state, except such surveys are made by authority of the
United States, or by mutual consent of parties.
§ 4. Where it shall appear that the county surveyor is interested in making any
survey of a tract of land, the title of which is in dispute before the court, the" said
court shall direct the survey or re-survey to be made by some capable person, who
is in nowise interested, who shall be authorized to administer oaths in the same
manner as the county surveyor is directed to do, and shall return said survey or*
resurvey on oath or affirmation, and shall receive for his services, the same fees that
the county surveyor would do for similar services.
§ 5, The surveyor of each county shall keep a correct and fair record of all
surveys made by himself and deputies, in a book or books to be by him procured for
that purpose; he shall number his surveys progressively, and shall also file and
preserve a copy of the calculation of each survey, endorsing thereon its respective
number; a copy of any survey shall be furnished by the surveyor to any person
requiring the same, on payment of the fees allowed by law.
§ 6. Any person owning or claiming any lands in this state, where the same are
divided or split by any county line or lines, the person owning or claiming such
lands, and wishing to have the same surveyed, may apply to the county surveyor
of the county in which such person resides, and if there be no surveyor in such
county, he may apply to any surveyor in an adjoining county, who is legally ap-
pointed as such, and on such application being made, the surveyor is authorized
and required to make such survey, whjch shall be as valid as though such lands were
^ situated entirely in one county.
§ 7. Each chainman or marker, employed by the county surveyor, or his depu-
ties, shall, before he commences the duties assigned him, take an oath or affirma-
tion, faithfully and impartially to execute the duty of chainman, or marker, (as the
case may be,) which oath or affirmation the county surveyor, or his deputies, are
hereby authorized and required to administer. The expense of chain carriers and
marker shall be paid by the party at whose request the survey is made.
§ 8. The chain carriers and markers may be provided by the party requesting
such survey, if approved of by the surveyor; and eacli chainman, or marker shall
be allowed seventy-five cents for each and every day he is actually employed.
§ 9. Deputies may be appointed by any surveyor, who, before they proceed to
discharge their duties, shall take an oath, well, truly and faithfully to discharge the
duties of deputy surveyor.
Approved^ February 20th, 1835.
TOWNS.— PLATS. 599
TOWNS.— PLATS.
An act concernivg > lats of towns and villages.
Skc. 1. Plats of towns how to lie made, to bg acknowledL'ed Vefore whom.
2. To be recorded hy tlie recorder and preserved iu Jiis oliicc.
3. Penally for selling lots without filing plat.
4. Plats acknowledged and filed, operates to convey public ground.
5. Penalty for tiling false plats.
6. Penalties bow recovered and appropriated.
7. How plats disposed of in certain cases of cliange of county lines.
Be it enacted by the General Assemhhj of the state of Missouri^ as follows:
§ 1. Whenever any town or village, or any r.ddition to any town or village, shall
be laid out, the proprietor of such town or village, or addition, shall cause to be
made out an accurate map or plat t'lereof, particularly setting forth and describing
all the parcels o! ground wi hin such town, village or addition, reserved for public
purposes, by their boundaries, course and extent, whether they be intended for
avenues, streets, lanes, alleys, commons or other public uses, and all lots intended
for sale by numbers, and their i reci-e length and width; which map or plat the
proprietor shall acknowledge, before some court oi ofiicer authorized by law to
take the acknowledgment of deeds.
} 2. The map or plat so miide, acknowledged and certified, the proprietor shall
deposite in the office of the recorder of the county, in which the town, village or
add tion is situate: the recorder shall preserve the same 'in his office among the
records thereof.
§ 3. If any person sell, or offer for sale, any lot within any town, village or
addition, before the map or plat thereof be made out, acknowledged and deposited
as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for
every lot which he shall sell or offer to sell.
§ 4. Such maps and plats, of such towns and villages and additions, made,
p.cknowledged, certified and deposited with the recorder, shall be a sufficient con-
veyance to vest, the fee of such parcels of land as are therein expressed, named
or intended for public uses in the county in which such town, village or addition is
situate, in trust, and for the uses therein named, expressed or intended, and for no
other use or purpose.
§ 5. If any person, his agent or attorney, shall cause a map or plat of any such
town, village or addition, to be deposited with the recorder, which does not set
forth and describe all parcels of ground, which has been or shall be promised or
set apart for public uses, and other lots, such person shall forfeit double t'le value
of the ground so promised or pretended to have been set apart for public uses, and
not set forth on the map or plat.
§ 6. The forfeitures arising under this act, may be recovered by action of debt,
with costs, in the name of, and to the use of the county; and the person incurring
such forfeiture, and his property and effects, may be proceeded against by attach-
ment or otherwise, in like manner, and for the like causes, as in ordinary cases of
debt.
600 TOWNS.— liN CORPORATIONS.
§ 7. When any town plat shall be deposited with the recorder of any county,
and by reason of the establishment of : ny new county, or the alteration of any
county lines, the town or village shall fall within a diderpnt county, such recorder
shall transmit such plat to the recorder of the county within which such town or
village may be.
Approved, February 20th, 1835.
TOWNS.— INCORPORATIONS.
An act for t.'ie incorporation of towns.
Bao. 1. May be incorporated on petition of inhabitants; boundaries; style.
2. Corporate powers vested in trustees; trustees, how appointed.
3. ftualirication of trustees; term of service.
4. Oalli of office; meeting and appointment of officers.
5. Board of trustees, quorum to do business; power of adjournment.
6. Trustees to judge of elections, qualifications, «:c., make their own rules, &e., journal to be kept, yeas and
nays taken, &c.
7. & 8 Power and authority of board of tnistceji
9. Power of collector of taxes.
10. Limitation of power to tax.
11. Statement of receipts and expenditures to be published.
12. Penalty for neglect.
13. Chairman to publish and enforce by-laws; term of his servloe.
14 Vacancies, how supplied.
15, & 16. Penalties Impossd by ordinance, liovv recovered, appropriated.
17. Judges of election to be appointed.
18. Notice of election to I:e given, how.
19. Judges fnilinn; to attend, otl-ers to be appointed; how.
20. Manner of voting and qualification of voters.
21. Judges of election to appoint a clerk; his duties.
22. Elections, how conducted; how determined.
23. In case of a tie how determined; certifif.ates of election to be delivered.
24. In case of failure of any election, election may le ordered, how and by wliom
25. Town heretofore incorporated to continue as such, &:c.
26. Court may disincorporate any town, when.
27. Corporation not to be dissolved unless notice of application for di.^solution be given, &e
28. Acts done, contracts and rights accruing, not to be alfected by dissolution.
29. When corporation is dissolved, trustee to be appointed.
30. Trustee to take oalli and give bond before entering on the duties of his office.
31. & 32. Duties and powers of trustee.
33. When trustee shall close the affairs of the corporation, he shall deliver over books, k.c.
34. Compensaiion of trustee.
35 Town disincorporated, revenue accruing and money paid by trustee, how appropriated.
Be it enacted by the general assembly of the state of Missouri^ as follows:
§ 1. Whenever two-thirds of the inhabitants of any town or village within this
state, shall present a petition to the county court in the county, setting forth the
metes and bounds of their town or village and commons, and praying that thev mn"
be incorporated and a police established for their local government, or v;r trie
preservation and regulation of any commons appertaining to such to'' a or village?
and the court shall be satisfied that two-thirds of the taxable inh' itants of such
TOWN'S.— INCORPORATIONS. 601
town or village have signed such petition, and that the prayer of the petitioners is
reasonable, the county court may dei-lare such town oi village incorporated, de«
signaling in such order the metes and bounds thereof; and themieforth the inhab-
itants within such bounds, shall be a body politic and corporate by the name and
style of the inhabitants of " the town of (naming it,") and by that name they and
their successors shall be known in law; have perpetual succession, sue and be sued^
plead and be impleaded, defend and be defended in all courts of law and equity,
and in all actions and matters whatsoever; may gi-aut, purchase, hold and receive
property, real and personnl, within such tov/n,and no other (luirial ground except-
ed) and may lease, sell and dispose of the same, fjr tiie benefit of the town; and
may do all other acts as natural persons; may have a common seal, and break and
alter the same at pleasure.
§ 2. The corporate powers and di-.ties of every town so incorporated, sliall be
vested in a board of trustees to consist of five members; the first trustees shall be
chosen and appointed by the count} court for the county, at the the time of declar-
ing such town incorporated, who shall continue in oOitje until their successors are
duly chosen and qualified according to this act, the trustees (except the first,) shall
be chosen by the qualified electors residing in sucii town, on the first Monday of
April, in every year, in sucli manner as hereinafier provided.
§ S. No person shall be a trustee who shall liot Ivavc attained the age of twen-
ty-one years; who shall not be a free white male citizen of the United iStates; who
shall not be an inhabitant of the town at the time of his election, and resided therein
for one who.le year next preceding; v,/ho sliall not be a householder within the
limits of such town; and every trustee shall hold his oaice for the term of one year,
and until a successor is elected and (jr.aiificd.
} 4. Every trustee before entering upon the duties of I'.is oflice, shall take an
oath or affirmation to support the ccnslitution of the Uni.ed States, and of this
state, and faithfully to demean himself in olfice; and every board of trustees shall
assemble within twenty days after tlieir appointment or election, and choose a
chairman of their number, and some other person as a clerk; the board of trustees
shall by ordinance fix the time and places of holding their stated meetings, and
may be convened by the chairman at any other time.
§ 5. At all m.eetings of the board, a majority of the trustees shall constitute a
quorum to do business, a sa^aller number may adjourn from day to day, and may
compel the attendance of absent members in such manner, and under such penal-
ties, as tlie board of trustees may previously by ordinance, have prescribed.
§ 6. The board of trustees shall judge of the qualifications, elections and returns
of their own nicmbers, and determine contested elections; they may determme
rules of their own proceedings, punisliany member, or other person fur disorderly
behavior in their presence, and, with the concurrence of four of the trustees, expel
any member, but not a second time for the same cause; they shall keep a journel
of their proceedings, and at the desire of any member, shall cause the yeas and
nays to be taken and entered on the journals on any question, resolution or ordir
nance; and their proceedings shall be public.
77
602 TOWNS.— INCORPORATIONS.
§ 7. The board of trustees as aforesaid, shall have power and authority to pass
by-laws and ordinances to prevent and remove nuisances; to restrain and prohibit
gambling; to provide for licensing, regulating or restraining theatrical and other
amusements within such town; to prevent or resliain the meeting of slaves; to
regulate and estrblish markets; to erect and repair bridges; to cause the streets
to be c'eared and repaired by tiie inhabitants thereof, and if any of them shall
refuse to clear or repair the part assigned to them, the trustees may hire the clear-
ing and repairing of the san^e, and levy and collect the price thereof, on the person
so failing and refusing; to impose and appropriate fines, penalties and forfeitures
for breaches of their ordinances; to levy and collect taxes; to enact by-laws to
prevent and extinguish fire; to regulate the enclosure of any common field belong-
ing to, or Vv'ithin the limits of the said town; and to pass such by-laws for the
regulation of the place, and commons thereto appertaining, as they shall deem
necessary, if not contradictory to the laws of the land; to lay out, extend, alter,
or widen streets or alleys.
5 8. Such board of trustees shall have povvcr to appoint an assessor, collector,
constable and such other oflicers, servants and agents as may be necsesary; re-
move them from office, prescribe their duties, and fix their compensation.
§ 9. The persons apointed to collect any tax uriposed by virtue of the powers
granted by this act, shall have aulhoiity to collect the same by distress and sale of
the goods and chattels of the person chargeable therewith.
§ 10. No sale shall be made unless ten days notice thereof be given; no law
shall be passed by the board subjecting vacant or improved lots or pieces of ground
to be sold for taxes; no tax shall be imposed by the board on real or personal prop-
erty in the said town, at a higher rate than one half of one per centum on the as-
sessment valuation of such property in any one year; and no ordinance shall be
passed unless three of the trustees concur therein.
} 11. The chairman of each board of trustees shall, on the first day of March
and September, in each year, make out a correct statement of all monies received
and expended, on account of their respective towns, durnig the six months next
preceding, and shall cause such statement, within ten days thereafter, to be pub-
lished in some ncvvspaper printed in ihe same town, if there be any, and if not^
then he shall cause copies of such statement to be put [up] in six public places in
said town, within ten days.
§ 12. If the chaii'man of the board of trustees for the said town, shall at any
time neglect to make, and caused to he published a statement as aforesaid, accord-
ing to this act, he shall forfeit for every such neglect, the sum of fifty dollars, to
be recovered by action of debt in any court of record, one half whereof shall be
to and for the use of the said corporation, and the other half to the use of any per-
son who will sue for the same.
§ 13. The chairman of the board shall publish theby-laws and ordinances of the
board, for the information of the inhabitants, and cause the same to be carried into
eflfect; he shall remain in office for the term for which he is elected a trustee, but
TOWNS.— INCOPvPORATIONS. 603
in case of his rJcscncc at the meeting Ol tlie board, tlie board may appoint a chair-
man pro tempore.
§ 14. All vacancies in the board of trustees, shall be filled by a special election,
ordered by the chairman of the board, after ten days public notice thereof being
given.
§ 15. All fines, penalties and forfeitures imposed by any ordinance, may be
recovered by action of debt, before any justice of the peace Vv-ithin the township.
§ 16. If the fine, penalty or forfeiture, shall exceed the amount of tlie jurisdic-
tion of a justice of the peace in civil cases, the same may be recovered by action,
with costs, in the circuit court of the county, Vv'hich action shall be brought in the
name of the inhabitants of such town, and the amount recovered to be applied in
such manner as shall be prescribed by ordinances.
§ 17. Each board of trustees shall, as often as may be necessary, appoint three
quairfied voters as judges of the election, to superintend and conduct all elections
for trustees or other town officers required to be elected, and the said trustees shall
supply all vacancies which may iiappen in the oiTice of judges of elections.
5 18. The judges of elections shall give public notice of the time and place of
holding each election, by advertisement published in some neswspaper in their
town, or by hand-bills set up in six places in the town, not less than ten, nor more
than twenty days previous to the election.
§ 19. If on tlie day appointed for holding any election, any of the judges "shall
fail to attend, the electors present may appoint a judge or judges of election to
hold such election, who shall be qualified as required b}^ this act; and all elections
shall be -by ballot.
§ 20. All free white male persons of the age of twenty-one years, residing
within the limits of any corporated town, v.'ho shall have paid a town tax, and
are otherwise qualified, shall be entitled to vote at ail elections for town officers;
at all such elections, which may be held before a tovv'n lax shall have been lev-
ied and become due and payable, all persons otherwise qualified, who shall have
paid a county tax, shall be entitled to vote.
} 21. The judges of election shall appoint a cler];, v.'ho shall w^rite down the
names of all persons whose votes shall be received, and the names of those whose
votes are rejected, in separate columns.
§ 22. The election shall be kept open from ten o'clock in the forenoon, until six
o'clock in the afternoon; after the election is closed, the judges shall examine the
ballots, and the five duly qualified persons, who shall have received the highest num-
ber of votes, shall be declared duly elected trustees.
{ 23. In case of a tie, the judges shall determine the election between the per-
sons so having an equal number of votes, by lot; and the judges shall make out
and deliver to each person elected a trustee, a certificate of his election.
§ 24. In case of the failure of any election of trustees, or other town officers,
a majority of the trustees then in office, mny cause the election to be held on any
other day.
§ 25. The inhabitants of towns heretofore incorporated, shall be continued as
504 TOWNS — INCORFORATIOiNS.
Buch, and after the taking cfTcct of this act, shall proceed in all things according
to its provisions.
§ 2G. Tiie county court of each county shall have power to disincorporate any
town v/hich t' ey may have incorporated, upon the petition of three- fourths of the
taxable inhabitants of such town.
{ 27. No corporation shall be dissolved by virtue of this act, unless it shall ap-
pear to tiie satisfaction of the court, that notice has been given of the intended
application for a dissolution of the corporation, by advertisement published in a
newspaper nearest to the town, prayed to be disincorporated, for at least eight
Vveeks successively, prior to such application.
} 28. No dissolution of any corporation under this act, shall invalidate or affect
any right, forfeiture or penalty accruing to such corporation, or to invalidate or
affect any contract, obligation or liability entered into, or imposed upon such
Corporation.
{ 29. Whenever the county court shall dissolve any corporation, they shall
appoint some competent person to act as trustee for the corpoi'ation so dissolved.
§ 30. The trustee before entering upon the discharge of his duties, shall take
and subscribe an oath before some judge or justice, that he will faithfully discharge
the duties of Iiis office; and shall moreover give bond with sufficient security, to
be approved of by the court, to the use of the disincorporated town, conditioned
for the faithful discharge of the duties of his office.
§ 31. It shall be tlie duty of the trustee, as soon as possible, to prosecute or de-
fend to final judgment, all suits instituted by or against the corporation, to collect
p.U monies due to the same, to liquidate all lawful demands against the same, and
for that purpose to sell any property belonging to said corporation, or so much there-
of as may be necessary, and generally to do all acts requisite to bring to a speedy
close all the affiiirs of the corporation.
§ 32. The trustee shall make a report of his proceedings to the county court
iat each term thereof.
§ 33. When the trustee shall have closed the affiiirs of the corporation, he shall
pay over to the county court, all monies remaining in his hands, and deliver to
the cle:k of said court, all books, papers, records and deeds belonging to the dis-
solved corporation.
} 34. The trustee shall receive for his services, such compensation as the court
shall allow him.
§ 35. If any town disincorporated as aforesaid, have an annual revenue accruing
thereto, the same shall be paid to the county court by the persons owing the same,
and all monies thus paid, as well as all monies paid them by the trustee, shall be
held and disposed of by the court for the benefit of such town, and may be applied
by the court to any specific object, upon the petition of a majority of the taxable
inhabitants of such town.
Approved, March 11^??, 1835.
TOVfNSHIPS.— TREASURY DEPARTMENT. e$S
TOWNSHIPS.
An act r^speciiii'^ iou-nships.
8kc. 1. norv laid o.T and subdivided.
2. NaniK ami (losTiption to !.p rnronled, and trausmifted to secretary of stnte.
3. No toivnsiiirj li.ie to pass tlirou^li any toyvn or coiifiiion field thereto be!o;i2in?.
Be it enacted by the general assembly of the state of Missoxiri. as follows::
} 1. Eac!i county court mxy divide the county iato convenient townships, and
as occasion may require, erect new townships, sub-divide townsliips already estab-
lished, or alter township lines.
§ 2. The court shall wilhin'thirty days after establishing any township, trans-
mit to the oflice of the secretary of state, a description of such township, contain-
ing the name and boundaries thereof, and shall cause the clerk to enter such descrip-
tion of record.
§ 3. No township line shall pass through any town or common field thereto
belonging, but the whole of such town and common field shall be part of gne
township.
Approved, January 26th, 1835.
TREASURY DEPARTMENT.
A71 act to 7'egulate the treasury department.
AUT. I. The organization of the department.
ART. II. Of the auditor; liis general duties.
ART. III. The auditor: Of the settlement of claims and accounts.
ART. IV. Of tl e treasurer.
AUT. V. Miscellaneous provisions.
ARTICLE I.
The organizatio7i of the departments
Skc. 1. Treasury department establisl'.ed, embracing the offices of treasurer and amatof,
2. Where to reside and keep their offices.
3. Auditor and treasurer to be commissioned; to take oath and give bond.
4. Penalty for performing ofJiclal acts before complying with tlie preceding section.
5. Treasurer to give bond to the governor with not less than sis securities; its condition.
6 Oath to be taken by securities.
7. Approval of the bond to be endorsed and delivered to tlie secretary of state.
8. Auditor and treasurer not to be commissioned until bond given.
9. Auditor and treasurer to keep a seal of office.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. A separate department is hereby established to be called The Treasury
Department, which shall embrace the offices of the state treasurer and the auditor
of public accounts.
6O0 TREASURY DEPARTMENT.
§ 2. The treasurer and auditor shall reside and keep their respective offices at
the seat of government.
§ 3. The treasurer and auditor shall be commissioned by the governor, and be-
fore entering upon their respective duties, shall take the oath ol office prescribed
by the constitution, and shall cause the same to be endorsed on their respective
commissions, and shall respectively give the official bonds required by law.
{ 4. If the treasurer or auditor shall perfo:m any official act, before complying
with the requirements of the preceding section, he shall forfeit five hundred dollars
for the use of the state.
{ 5. The treasurer shall, immediately after his appointment, execute and deliver
to the governor a bond to the state, in the sum of one hundred thousand dollars,
with not less than six securities, to be approved of by the governor, conditioned ior
the faithful performance of all the duties required or which may be required of him
by law; and the auditor shall, in like manner, execute his bond in a sum not less
than fifty thousand dollars.
§ 6. Each security offered shall make oath, either before the governor verbally
or before some judge or justice of the peace in writing, to be laid before the gover-
nor, that he verily believes himself to be worth his equal portion of the amount of
the bond, after the payment of all debts for which he is in any wise bound or liable.
§ 7. The governor shall endorse on the bond his approval thereof, stating the
time of approval, and deliver the same to the secretary of state, who shall record
and keep the same in his ofnce.
§ 8. No commission shall issue to any auditor or treasurer until he shall have
given bond and security, as required by law.
J 9. The treasurer and auditor shall each keep a ?.eal of office, which shall be
used to authenticate all v.'ritings, papers and documents required by law to be cer-
tified from either of said offices, respectively; and copies of all papers and docu'
ments lawfully deposited in either of the said offices, when certified by the officer
and authenticated by the seal of office, shall be received in evidence in the same
planner, and with the like effect, as the originals.
ARTICLE II.
Of the auditor — his general duties.
Skc. 1. Auditor dociared to I?e llie general accountant of tlie statn; his duties, S^-c,
2. Auditor to prepare and make certain reports at tlie coninicncement of each session of the general assembly.
3. Certain other duties enjoined on the auditor.
§ 1. The auditor of public accounts is declared to be the general accountant of
the state, and the keeper of all public account books, accounts, vouchers, documents
and all papers relating to the accounts and contracts of the state, and its revenue,
debt and fiscal affairs, not required by law to be placed in some other office, or kept
by some other person.
§ 2. It shall be the duty of the auditor to digest, prepare and report to the gen-
eral assembly, at the commencement of each regular session:
- ii
1
TREASURY DEPARTMENT. 607
i^irs/, A full and detailed statement of the condition of the revenues, and the
amount of the expenditures for the two preceding fiscal years:
iSccond^ A full and detailed statement of the public debt:
Thirds Estimates of the revenues and expenditures for the two succeedino-
fiscal years:
Fourth, Such pkins as he may deem expedient for the support of public credit;
for lessening the public expenses; for using tiie public money to the
best advantage; for promoting frugality and economy in the public
offices; and generally for the better management and more perfect
understanding of the fiscal afiairs of the state:
Fifth, A tabular statement, shewing separately the whole amount of each ap-
propriation of money made by law, the amount paid under the same,
and the balance unexpended:
Sixth, A tabular statement shewing separately the amount of money re-
ceived into the treasury, iVom all sources, in each fiscal year, the
amount received from each county, and from each source of revenue
in each county.
§ 3. It shall be the duty of the auditor:
First, To audit, adjust and settle all claims against the state, payable out of
the treasur)^, except only such claims as may be expressly required
by law to be audited and settled by other officers or persons:
Second, To draw all warrants upon the treasury for nioney, except only in
cases otherv,-ise expressly provided by law:
Third, To express in the body of every warrant which he may draw upon
the treasury for money, the particular fund appropriated by law out
of wdiich the same is to be paid:
Fourth, To audit^ settle and adjust the accounts of all collectors of the reve-
nue, and other holders of public money, who are required by law to
pay the same into the treasury:
Fifth, To keep an account between the state and the state treasurer:
Sixth, To keep an account of all debts and credits between the state and the
United States, and between the state and every other state, govern,
ment, community, officer or person, with whom the state may have
dealings; and of every separate fund in the treasury, authorized
by law:
Seventh, To direct prosecutions in the name of the state, for all official delin-
quencies in relation to the assessment, collection and payment of the
revenue, against all persons who, by any means, become possessed
of public money or property, and fail to pay over or deliver the same,
and against all debtors of the state:
Mighth, To procure from the proper officers an abstract and description of all
taxable lands within the state, not yet procured, and, annually
hereafter, abstracts and descriptions of such lands as shall become
taxable:
608 TREASURY DEPARTMENT.
Ninth, To transmit to the clerk of er.ch county court, annually, a descriptive
iist of all taxable lands in such county:
Tenth, To give information, in writing, to either house of ihe general assembly,
•whenever required, upon any subject relating to the tiscal afiairs of
the states or touching any dut}' of his office:
Eleventh, To perform all such other du'ties as may be required by law.
ARTICLE III.
The auditor — of the settlements of claims and accounts.
Sbc. 1. Collectors and others to exliibit their accounts to the auditor, whenj his rlutifs thereon.
2. Balance found due the slate to he paid ia ten days; delinquent to be charged his commissions and 2i per cent-
per month.
3. Claims against the state to be audited within two years; what debts and claims may be set off against the state-
4. 1" the settlement of accounts auditor may examine parties, witnesses, &c., on oath, when.
.5. Accounts, documents, &c., settled, to he preserved in his ofTice; copies to he given when required.
6. Auditor to draw warrants upon tie treasury, wlien; no money to be drawn for unless appropriated by Iaw»
state constitution, Art. 3, sec. 31.
7. Person dissatisfied with decision of auditor, &c., proceed inns.
8. When claims are audited and no appropriation for tl;eir payment, duty of the auditor.
9. Auditor to make report to general assembly list of collectors, S^-c, who have not settled.
4 1. AH collectors of the revenue, and othi'^s bound by law to piiy money direct-
ly into the treasury, shall exhibit their accounts and vouchers to t le auditor, on or
before the first Monday in December, in each yeai, to be audited, adjusted and
settled; and the auditor shall proceed, without any unnecessary delay, to audit,
settle and adjust the same, and report to the treasurer the balance found due.
§ 2. If any of the persons mentioned in the preceding section shall fail to pay
the amount, so found due, into the treasury, and produce the treasurer's receipt to
the auditor withm ten days after the settlement above required, the delinquent shall
forfeit to the state, the amount of his commission allowed him by law, and also two
and a half per cent, a month on the amount wrongfully withheld, to be computed
from the time the same ought to have been paid until actual payment, and the audi-
tor shall charge such delinquent accordingly; and the whole amount of priacipal
and forfeiture may be recovered by action on the official bond of the delinquent,
or otherwise according to law^
§ 3. All persons having claims against the state shall exhibit the same, with the
evidence in support thereof, to the auditor, to be audited, settled and allowed, with
in two years after such claims shall accrue, and not afterwards: And in all suits
brought in behalf of the state, no debt or claim shall be allowed against the state as
a set off, but such as have been exhibited to the auditor, and by him allowed or
disallowed, except only in cases where jt shall be proved to the satisfaction of the
couit, that the defendant at the time of trial is in possession of vouchers which he
could not produce to the auditor: or that he was prevented from exhibiting the
claim to the auditor by absence from the state, sickness or unavoidable accident.
§ 4. The auditor, \yhcnevcr he naiy think it necessary to the proper settlement
of any account, nriay examine the parties, witnesses an^ others on oath, or
TREASURY DEPARTMENT. G09
affirmation, touching any matter material to be known in tiie settlement of such
account, and for that purpose may issue writs of summons, and compel witnesses
to attend before him and give evidence in the same manner and by the same means
allowed by law to courts of record.
§ 5. Ail accounts, vouchers and doQum.ents settled or to be settled by the auditor,
shall be preserved in his office, and copies tliereof, authenticated by the ofiicial £eal^
shall be given to any person interested therein, who shall require the same.
§ 6. In all cases of accounts audited and allowed against the state, and in all
cases of grants^ salaries, pay and expenses allovy-ed by law, the auditor shall draw
warrants upon the treasurer for the amounts due, in the form now used in the
treasury department; but no such warrant shall be drawn by the auditor, or paid
by the treasurer, unless the money has been previously appropriated by law; nor
shall the whole amount drawn for or paid, under any one head, ever exceed the
amount appropriated by law for that purpose.
§ 7. If any person interested ^liall be dissatisfied with the decision of the auditor
on any claim, account or credit, it shall be the duty of the auditor, at tlie request of
such person,- to refer the same, with the reasons of his decision, to the general
assembly
§ 8. In ail cases where the lav/s recognize a claim for money against the stnte,
and no appropriation shall be made by lav/ to pay the same, the auditor shall audit
and settle the same, and give the claimant a certiPicate of the amount thereof under
the official seal, if demanded; and shall report the same to the general assembly
with as little delay as possible.
§ 9. The auditor shall repoit to the general assembly, within ten days after the
commencement of each regular session, a list of all collectors of the revenue, and
other holders of public money, whose accounts remain unsettled for six months
after they ought to have been settled according to law, and the reasons therefor*
ARTICLE IV.
Of the treasurer,
^EC. 1. State treasurer to perform certain duties.
2. Treasurer to grant duplicate receipts in what cases, duty of person receiving the same and of the auditor in
sucli case.
§ 1. It shall be the duty of the state treasurer:
First, To receive and keep all the monies of the state, not expressly required
by law to be received and kept by some other person:
Second, To disburse the public monies upon warrants drawn upon the
treasury, according to law, and not otherwise:
Third, To keep a just, true and comprehensive account of all monies received
and disbursed:
Fourth, To keep a just and true account of each head of appropriation made
by law, and the disbursements under the same:
78
610 TREASURY DEPARTMENT,
Fifth, To render his accounts to the auditor for settlement quarterly, or
ofiener if required:
Sixth, To report to each house of the general assembly, within ten days after
the commencement of each regular session, a detailed statement of
the condition of the treasury, and its operations for the two preceding
years:
Seventh, To give information in writing, to either house of the general assem"
bly whenever required, upon any subj^ect connected with thetrea-'
sury, or touching any duty of his office:
Eighth, To perform all such other duties as may be required by law.
§ 2. The treasurer shall grant duplicate receipts, under the seal of his office, for
all sums of money which shall be paid into the treasury, and the person receiving
the same shall deposite one of them with the auditor, who shall credit such person
accordingly, and charge the treasurer with the amount.
ARTICLE V.
MisceUaneous provisions.
Sic 1. Auditor or treasurer ^jro tern, may tc appointed in certain case?.
2. Tl'.eir compensation.
3. Upon new appointment setllcments to 1 c made with former auditor or treasurer;
4. Auditor and treasurer may administer oatl.s.
5. May have access to each otl;er's offices.
6. Auditor and treasurer to keep letter l;ook. in which they shall copy official letters.
7. Auditor issuing unauthorized warrant on ttie treasury; penalty.^
8. Treasurer refusing payment of warrant unlawfully; penalty.
9. Wilful neglect of duly, oppression, extortion, &c., by auditor or treasurer; penalty.
10. Accounts audited, Sfc, and found due to the state, to be a lien on the property of the person.
11. Governor to select and notify three members ©f the general assembly to make settlement witii auditor and
treasurer, when.
12. Members thus selected to take oath prescribed to members of general assembly.
13. Members thus selected to make settlement and report, tc, their duties.
14. Their compensation.
§ 1. Incase of the death, sickness, absence from the state, resignation, removal
from office or impeachment of any auditor or treasurer, it shall be lawful for the
governor to make an appointment, for the time being, of some suitable person to
perform the duties of such office, until a successor can be appointed according to
the constitution, or until such absence or disability shall cease.
§ 2. Any person appointed by the governor, in virtue of the preceding section,
shall receive the same compensation allowed by law to the officer whose duty he is
appointed to perform, in proportion to the time he shall Be engaged in such service.
§ 3. Immediately after the appointment and qualification of any auditor or treasu-
rer, the general assembly, if in session, and if not in session, then in the first week
of the next session, shall cause settlement to be made in manner above provided,
of the former auditor or treasurer's accounts remaining unsettled, and shall
cause to be made out and delivered to the person entitled thereto, a certificate of
such settlement showing the balance of monies, securities and effects, for which he
is accountable, and what has been delivered to his successor.
TREASURY DEPARTMENT. 6,1
§ 4. The auditor and treasurer shall each have power to administer all oaths and
affirmations requ-ired or allovved b} law, in matters touching the duties of their
offices.
§ 5. The auditor and treasurer shall have free access to each others offices, for
the inspection of all books, accounts and papers, v^iiich they respectively contain,
and free access to all the other offices of the state, for the inspection of all such
books, accounts and papers, as concern any of their duties
§ 6. The auditor and treasurer shall each keep a letter-book, in which shall be
copied all official letters which they may write.
§ 7. If the auditor shall knowingly issue any warrant upon the treasury not
authorized by law,, he shall, upon conviction thereof, be fined in any sum not
exceeding four-fold the amount of such warrant, and imprisoned for any length of
time not exceeding one year, and shall be deemed guilty of a misdemeanor in office.
{ 8. I." the treasurer shall wilfully and unlawfully refuse to pay any warrant,
lawfully drawn upon the treasury, he sludl forfeit and pay to the holder thereof
four-fold the amount of such warrant to be recovered by action against the treasurer
and his securities, on his official bond, or otherwise according to law, and the
treasurer shall be deemed guilty of a misdemeanor in office.
§ 9. If the auditor or treasurer shall wilfully neglect or refuse to perform any
duty enjoined by law, or shall be guilty of any oppression or extortion, in the
performance of any legal duty, shall receive any fee or reward for the performance
of any legal duty, not allowed by law, or by color of his office shall knowingly do
any act not authorized by law, or in any other manner than is reqi'ii'^d by law, he
shall forfeit to the state any sum not exceeding one thousaR<^ dollars, and shall be
deemed guilty of a misdemeanor in office.
^ 10. The amount of every account audited, o<ijusted and found due to the state,
according to this l.w, with the penalties and interest thereon, is declared to be a
lien upon all the real estate of the person charged with the same, from the time that
suit shall be commenced for the recovery thereof.
§ 11. On or before th© first day of September, preceding the regular session of
the legislature, the governor shall select and notify one member elected to the
senate, and two members elected to the house of representatives, to attend at the
seat of government, fifteen days before the commencement of the session, for the
purpose of settling with the auditor and treasurer.
^12. The members thus selected, before entering on such duties, shall take the
oath required by the constitution of members of the general assembly; which shall
be endorsed and certified on their certificate of election.
§ 13. The members elected, or a majority of them, shall make such settlement,
and make report to each house of the general assembly, and if they approve the
same, shall cause proper entries to be made in the books of the auditor and treasur-
er's offices, shewing the result of such settlement, and immediately thereupon
destroy, by lairning, all vouchers which shall have been examined and allowed in
such settlements, and which do not concern the private interest of any person.
612 TRESPASSES,
§ 14. The persons thus selected sliall receive the same compensation as is aliowr
ed to members of the genpral assembly, fi-om their time of meeting.
Aj)proved, March 9l/i, 1835.
TRESPASSES.
An act to prevent certain t7-espasses.
Sec. 1. Treble datnagsis recoverable for cqrtaiir trespasses.
2. Tlirovviiig down or opening gates, doors, &.C., forfeit five dollars and double damages.
3. Penalties and damages how recoverable.
4. VVl;en to recover single damages only.
5. Slave committing trespass, owner to pay single damages.
C. If in the employ of other than the owner, employe;' responsible.
t. Defendants in actions under this v.'ci may plead general issue, &c.
Be it enacted by the general assembly of the state of Missouri, as follows.'
§ 1. If any person shall cut down, injure or destroy, or carry away any tree^
placed or growing for use, shade or ornament, or any timber, rails or wood, standr
ing, being or growing on the land of any other person, or shall dig up, quarry or
carry away any stones, ore or mineral,' gravel, clay, turf or mould, roots, fruits or
plants, or cut down, or carry away any grass, grain, corn, flax or hemp, in which
he hath no interest or right, standing, lying, or being on any land not his own, or
shall knowingly break the glass or any part of it, in any building not his own; the
per.^on so offending, shall pay to the party injured treble the value of the thing sq
damaged, broken, debtvoyed or carried away, with costs.
§ 2. If any person shall voluntarily throw dov*'n,or open any doors, bars, gates
or fences, and leave the same open or down, other than those v^'hich lead into his
own enclosure, shall pay to the party injured the sum of five dollars, and double
the amount of damages the party shall sustain by reason of such doors, bar?, gates
or fences, having been thrown dov;n, or opened, with costs.
§ 3. All penalties contained in the preceding sections, may be recovered by
action of trespass or debt, founded upon this statute, in any coart having jurisdic,
tioR of the saaie.
i 4. On the trial of any action, brought on this statute, if it shall appear that
the defendant had probable cause to believe that the land on which the tresspass
is alleged to'ha.ve been committed, or that the thing so taken, carried away, injur-
ed, or destroyed, was his own, the plaintiiT in the action, shall recover single
damages only, with costs.
§ 5. If a slave commit any of the offences contained in the first and second
sections of this act, it shall be lav.'ful for ihc person injured to bring an action for
the recovery of single damages against the ovv-ner of such slave, under the same
regulations and restrictions as are in this aci heretofore provided.
§ 6. If such slave, at the time of committing such trespass, shall be in the employ
or hire of another person other than his owner, such person shall be accountable
for all trespasses such slave shall commit whilst so employed or hired, in the same
VAGRANTS. . 613
manner that the owner is made accountable by tliis act for the trespass of his slave.
§ 7. In all actions founded on this statute, it shall be lawful for the defendant to
plead the general issue, and give any special matter in evidence, giving the plain-
tiif notice m writing, at the time he pleads the general issue, of the points of
the special matter which he means to give in evidence.
Appiovcd^ Fehruary 2oth^ 1835.
VAGRANTS.
An act rcspecling vagrants.
Sec. i, k. 2. Wl'.o deemed vagrant.
3. Justice of the peace to issue warrant to apprehend vagrp.nt.
4. Vagrancy to be establisiied by verdict; proceedings to hire out such vagrant.
5. Minors to be. committed or give recognizance, fcc, court to direct sherifT to land liim out, k.c,
G. Hire of vagrants, how disposed of.
7. Duty of sherifl's and constables to give information of vagrants.
C. Grand juries to make presentments of vagrants, proceedings thereon.
Be it enacted by trie general assemhly of the stale of Missouri, as follows:
§ 1. Every able-bodied person who shall be found loitering or rambling about,
not having wherewithal to maintain himself, by some visible property, and who
doth not betake himself to labor orsotne honest calling to procure a livelihood; and
all able-bodied persons who are found begging, and who quit their houses, and leave
their wives and children W'ithout the means of subsistence, shall be deemed and
ti'eated as vagi'ants.
§ 2. AH keepers or exhibiters of any gaming table or gambling device, and all
persons who travel or remain in steam boats, or go from place to place, for the
purpose of gaming, shall be deemed and treated as vagrants.
§ 3. Where any such person is found, any justice of the peace of the county
shall, upon information or from his own knowledge, issue his warrant to the sheriff
or constable to bring such person before him.
\ 4, If upon due examination, it shall appear to said justice that he is a vagrant
as above set forth, and the fact having been established by the vei'dict of a jui'y,
which shall, in all such cases, be sumi:>ioned and sv;orn to enquire whether the per-
son be a vagrant or not, he shall make out a warrant under his hand and seal au-
thorizing the sheriff or constable to keep said vagrant in his custody, until three
days notice can be given by advertisements set up in the most public places in the
county, and to hire out such vagrant at the court house door in said county, for the
term of six months to the highest bidder for cash in hand.
§ 5. If such person be a minor, the justice of the peace shall commit him to jail,
unless such minor enter into a recognizance to appear at the next term of the county
court, and it shall be the duty of the county court, to direct the sheriff' to bind him
apprentice to soine useful trade or occupation, until he arrives at the age of twenty-
614 VENUE.
one years, and such vagrant minor, shall in all respects be subject to the laws regu-
lating apprentices.
} 6. The money arising ftom the hire of any vagrant shall be applied by the
justice of the peace, after the payment of costs, to the paying of his debts; if
he shall not be indebted, or do not owe the amount of his hire, the same, or the
balance, shall be paid to such vagrant, at the expiration of such time of service,
unless he has a wife or children, in which case it shall be applied to their use.
§ 7. All sheriffs and constables within the several counties of this state, shall
give information to some justice of the peace, of all vagrants within their know-
ledge in their respective counties.
5 8. Grand jurors empannelled for a county, shall make presentment of all such
persons within the county whom they may suspect to be vagrants, and upon any
such presentment, the court shall direct some justice to issue his warrant to bring
such suspected person before him; and such examination shall be had, and such
steps taken as heretofore directed.
Approved, March Idlh, 1835.
VENUE.
An act for the change of venue in civil cases.
Sec. 1. For what causes allowed. ^
2. Application for change of venue, how made.
3. On notice given to tlie adverse party, court to hear the application and grant a change.
4. Court may change venue without application, in what cases; but one change allowed.
5. Change awarded in vacation, proceedings of the judge.
6. When such order is made by the court or judge, proceedings and duty of the clerk.
7. Duty of the clerk of the court to which such cause is certified.
8. Costs and expenses attending such change, how taxed and by whom paid.
9. Failing to pay such costs, fee bill may be made out, how collected.
10. Clerk to recover such fee bill, how.
11. If clerk fail to transmit the transcript and papers, or if they be lost, effect of, and how to proceed.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. A change of venue may be awarded in any civil suit at law cr equity, in
any circuit court, for any of the following causes:
First, That the judge is interested, prejudiced, or is related to, or has been
counsel in the cause for either party:
Second, That the opposite party has an undue influence over the mind of the
judge:
Third, That the inhabitants of the county are prejudiced against the applicant:
Fourth, That the opposite party has an undue influence over the inhabitants
of the county.
5 2. Any party in such cause, may present to the court or to the judge there-
of in vacation, a petition, setting forth the cause of his application for a change of
venue, and shall annex thereto an affidavit to the truth of the petition, and alleging
that he has just cause to believe that he cannot receive a fair trial, on account
of the causes alleged.
WEIGHTS AND MEASURES. 615
§ 3. If I'easonable notice shall have been! given to the adverse party, or his
attorney, the court shall hear the case, and award a change of venue to some court
where the causes complained of do not exist, as convenient as may be to the oppo-
site party.
§ 4. If the judge is interested, or related to, or shall have been counsel in the
cause for either party? the court or judge may award such change of venue, in
his discretion, without any application from either party; but neither party shall
have more than one change of venue.
§ 5. If any judge award such change of venue, in vacation, he shall immediately
transmit to the clerk of the court wherein the cause is pending, the petition and
affidavit, with a written order for the change of venue.
§ 6. When any such order shall be made by the court or judge, the clerk shall
immediately make out and transmit to the proper court, a copy of the order, peti-
tion and affidavit, and a full transcript of the record and proceedings in sunh cause,
with all the original papers filed in the cause and forming apart of the record.
} 7. The clerk of the court to which such cause is certified, shall file the same,
and the cause shall be docketed, proceeded in and determined, as if it had originated
therein.
§ 8. All the costs and expenses attending any such change of venue, made on
the application of either party, shall be taxed and paid by the petitioner, and not
taxed in the costs of suit.
§ 9. If such petitioner fail to pay such costs, within fifteen days after the change
of venue, such clerk may make out a fee bill against such petitioner and his securi-
ties for costs, if any, and deliver the same to any sheriff who shall levy and collect
the same, with fifty per cent, thereon, for the use of the clerk, as other fee bills.
§ 10. Such clerk shall recover the amount of such fee bill, and fifty per cent,
thereon, by action of debt.
5 11. If any clerk fail thus to transmit the transcript and papers in any
cause, the venue whereof has been changed, or if such papers be sent and losty
such loss or failure shall not operate a discontinuance of such cause, but at the
next term of such court may bo filed, or if lost, copies of the original may be
furnished and the cause shall proceed as if no such failure or loss had happened.
Approved^ March \Uh, 1835.
WEIGHTS AND MEASURES.
An act to regulate iceights and measures.
Skc. 1. County court to procure standard of certain weights and measures; to be kept by the clerk.
2. WUen procured, notice to be given; penalty for using weights, &c.,not corresponding with the standard.
3. To be tried and sealed l)y the county standard.
4. Liiiiitation and construction of the second section of this act.
5. Duly of constable to inspect weights and measures used in hia township, and report, ^e«
6 lis WILLS.
Be it enacled by the ginei'al assembly of the s'ate of Atissouri, as follows:
• \ 1. The clerk of each county court shall provide, at the county expense, one
measure of one foot or twelve inches, English measure; one measure of three feet
or thirty-six inches, English measure, denominated one yard; one half bushel
measure, which shall contain one thousand seventy -five and one-fifth cubic inches,
denominated dry measure; one gallon measure, which shall contain two hundred
and thu'ty-one cubic inches; one half gallon mcr.sure, w4iich shall contain one
hundred and fifteen and one half cubic inches; one quart measure, which shall con-
tain fifty-seven and three-fourths cubic inches; also, one set of weights called
Avoirdupois-weights, and one seal, with initials of the county inscribed thereon;
"which measures, weights and seal, shall be kept by the clerk of the county court
of each county.
§ 2. As soon as the weights and measures are provided, the clerks of the county
courts shall cause notice thereof to be given at the court house door for two months;
and any person who shall knowingly keep any measure, or weight, and buy or sell
any commodity whatsoever by such weight or measure as shall not correspond
with the weights and measures deposited in the clerk's office, shall, for every such
offence, forfeit and pay ten dollars, for the use of the county where such otTence
shall have been committed, with costs of suit, to be recovered before any justice of
the peace of said county.
§ 3. Clerks of the county courts shall, with the seal aforesaid, seal all weights
and measures presented to them for that purpose, that correspond with the county
standard. '
§ 4. The second section of this act, shall not apply to any person who uses
any measure or weight in selling, which would be of advantage to the purchaser;
§ 5. It shall be the duty of each constable to inspect, from time to time, the
•weights and measures used by millers, merchants, pedlars, grocers and other deal-
ers in buying or selling commodities by weight or measure, within his township,
and report to some justice of the peace all violations of this act which may come
to his knowledgGi
Approved^ December Sth, 1834.
WILL S.
A71 act respecting loills*
Sec. 1. Wlio may make a will,
2. Who may make a will of personal estate.
3. Married woman may make a will, in what cases.
4. Wills, how made and attested.
5. Revocation of, liow made.
6. Nuncupative when allowed, and how to be established.
7. Mariners and soldiers may dispose of their wages or other personal property, how.
8. Proof of nuncupative will, when to be offered, to be reduced to writing in what time-
WILLS. 617
Sgc. 9. Who shall take proof of last wills.
10. Probate of, where to<;e taken.
n. Probate of nuncupative will, when and how to he taken.
12. Probate how taken when witness is sick, or resides out of the state, or more than sixty milea from placCj
of probate.
13. Force and effect of probate thus taken.
14. Wills to be recorded; if lands devised, where to he recorded.
15i Will exhibited, probate to be granted or refused.
16. Proceedings for contesting validity of proved, or estahlishing rejected will.
17. Verdict of the jury, or judgment of court to be final; new trial may be granted; appeal allowed.
18. Not Contested in five years, will to be binding; saving to persons under disabilit}'.
19. Citiz-ens of other states may devise property in this state, how.
20. Authentic conies of wills proved in other states to be recorded here; effect of.
21. Testimony on probate, if reduced to writing, good on trial of validity of will, in certain cases.
22. Devises, &.c., to subscribing witnesses void, and devisee competent witness.
23. Not to be void if there he sufficient number of witnesses without him.
24. Creditors competent witnesses, though will charged with debts.
25. Legatees, &;c., may be competent witnesses in certain cases.
26. Legatee dying before probate, a competent witness.
27. Witnesses examined to prove a will, not to take legacy or bequest, or any interest.
28. Construction of devises for life, with remainder to heirs in fee.
29. Construction of devises, omitting words of inheritance, in certain cases.
30. Children, &c., not provided for in will, to inherit as if no will made; legatees and devisees to contrilmte.
31- Legacy. &c., not to lapse by death of legatei; before testator.
32. Devise or legacy taken in execution, otlier legatees to refund.
3.?. How legatees, <Sc., compelled to refund or contribute.
34. Construction of wills.
Be^it enacted by the general assemhly of the state of Missouri^ as follows:
§ 1. Any person aged tw^enty-one years and upwards, of sound mind, may by
last will devise all his estate, real, personal and mixed, and all interest therein,
saving to the widow her dower.
§ 2. And, in like manner, any person above the age of eighteen years, of sound
mind, may dispose of goods and chattels by will.
5 3. No married woman shall be capable of making a vvill, unless she have power
to do so by marriage settlement, -or authority in writing, executed by the husband
before the marriage.
§ 4* Every w^ill shall be in writing, signed by the testator or testatrix, or by
some person by his direction, in his presence, and shall be attested by two or more
comptent witnesses subscribmg their names to 'the will, in the presence of the
testator.
§ 5. No will or codicil, or any part thereof, shall be revoked, except by a subse-
quent will or codicil in writing, or by burning, cancelling, tearing or obliterating
the same, by the testator, or in his presence and by his consent and direction.
§ 6. No nuncupative will shall be good where the estate bequeathed exceeds the
value of two hundred dollars, nor unless the same be proved by two witnesses who
were present at the making thereof, nor unless it be proved that the testator, at the
time of pronouncing the same, did bid some person present to bear witness that
such was his will, or to that effect, nor unless such nuncupative will was made at
the time of the last sickness and at the dw^elling of the deceased, or where he had
79
618 WILLS,
been residing for the space often days or more, except wijere such person was
taken Gick from home, and dit-d before his return.
§ 7. Any mariner at sea, or soldier in the military service, may dispose of his
wages, or other personal property, as he might have done by the common law, or
by reducing tlie same to writing.
§ 8. No proof shall be received of any nuncupative will, unless it be offered
within six months after speaking the testamentary words, nor unless the words, or
the substance thereof, were reduced to writing within thirty days after they were
spoken.
§ 9. The county court, or clerk thereof in vacation, subject to the confimation
or rejection by the court, shall take proof of last wills.
§ 10. If the testator have a mansion house or known pla^'e of abode, in any
county, his will shall be there proved; if he have no place of residence, and lands
be devised, it shall be proved in the county where any part of the lands lie, and if
he have no place of re-sidence. and there be no lands devised, the will shall be p.roved
in the county in which the testator died, or if he died out of the state, then in any
county.
§ 11. No probate of any nuncupative will shall be granted for fourteen 'days
after the death of the testator, nor shall any nuncupative will be at any time proved
unless the substance thereof be first committed to writing, and a citation be issued,
accompanied with a copy thereof, to call the widow or next of kin of the deceased,
that they may answer the same.
§ 12. When any will shall be produced for probate, and any witness shall be
prevented by sickness from attending, or resides out of the state, or more than
sixty miles from the place whei"c the will is to be proved, such court or clerk may
issue a commission annexed to such Vv'ill, and directed to any judge or justice of
the peace, or mayor, or other chief magistrate, empowering him to take and certify
the attestation of such witness.
§ 13 If such witness appear before such officer, and make oath or affirmation,
that the testator signed the writing annexed to such commission as his last will, or
that some other person signed it by his direction, that he was of sound mind, that
the witness subscribed his name thereto in the presence of such testator; the testi-
mony so taken shall have the same force as if taken before the court or clerk.
} 14. All wills shall be recorded by the clerk of the county court, in a book kept
for that purpose, within thirty days after probate; and if lands be devised in such
will the same shall be recorded in the recorder's office of each county in which
any part of the lands lie, within six months after probate.
5 15. When any will is exhibited to be proved, the court or clerk may imme-
diately receive the proof, and grant a certificate of probate; or if such will be
rejected, grant a certificate of rejection.
§ 16. If any person interested appear, within five years thereafter, and by
petition to the circuit couit of the county, contest the validity of the will, or pray
to have a will proved which has been rejected, an issue shall be made up whether
WILLS. 619
the writing produced be the will of the testator or not, which shall bo tried by the
court, or by a jury, (if either party require it.)
} 17. The verdict of the jury, or the judgment of the court, shall be final, saving
to the court the right of granting a nev/ trial, as in other cases, and to either party
an appeal in matters of law to the supreme court.
§ 18. Ifiio person appear within the time aforesaid, t!i« probate or rejection of
such v^ill shall be binding, saving to infants, married v/omen, persons absent from
the United States and territories during fU-e years, or of unsound mind a like period
after their disabilities are removed.
5 19. Citizens of any of the United States or of the territories thereof, owning
real or personal estate in this state, may devise or bequeath such property by last
will and testament,,executed and proved according to the laws of this state, or of
any such state or territory in which the will shL-dl be made.
§ 20. Copies made as aforesaid, other than copies and probates of such wills as
shall appear to be annulled or disproved, shall be recorded, as in cases of wills
executed and proved in this state, and sl:;ail be valid as if executed and proved in
this state, and shall be admitted in evidence. Any such will may be contested,
disproved and annulled, within the same period, and in the same manner, as pre-
scribed respecting wills proved in this state.
5 21. In all trials respecting the validity of a will, if any subscribing v/itness be
deceased, or cannot be found, the oath of such v/itness, examined at the time of
probate, if reduced to writing at the time of taking such oath, shall be admitted in
evidence, and have such weight as the court or jury think it deserves.
5 22. If any person hath attested, or shall attest, the execution of any will or
codicil, to whom any benef.cial devise, legacy, estate, interest, gift, or appointment
of, or edecting any real or personal estate (other than, and except charges on bonds,
tenements or hereditaments, for the payment of any debtor debts,) shall be thereby
given, or made, such devise, legacy, estate, interest, gift or appointment, shall, so
far only as concerns such person attesting the execution of such will or codicil, or
any person claiming under him, be void; and such person shall be admitted as a
witness to the execution of such will or codicil.
§ 23. If the execution of such will or codicil be attested by a sufficient number
of other competent witnesses, as required by this act, then such devise, legacy,
estate, interest, gift or appointment, shall be valid.
24. If by any will or codicil any real estate be charged with any debt, and any
creditor, whose debt is so charged, hath attested the execution of such will or
codicil, every such creditor shall be admitted as a witness to the execution of such
will or codicil.
§ 25. If any person hath attested, or shall attest, the execution of any will or
codicil, to v/hom any legacy or bequest is thereby given, and such person, before
giving testiir.ony concerning the execution of such will or codicil, shall have been
paid, or have accepted or released, or shall refuse to accept, such legacy or bequest^
upon tender thereof, such person shall be admitted as a witness to the execution
620 WILLS.
of such will or codicil. The credit of such witness shall be subject to the consider-
ation of the court or jury.
§ 26. If any legatee, who has attested the execution of any will or codicil
already made, or shall attest the execution of any will or codicil, shall have died in
the life time of the testator, or before he shall have received or released the legacy
or bequest, so given him^ and before he shall have refused to receive such legacy or
bequest, on tender made thereof, such legatee shall be deemed a legal witness to
the execution of such Vv'ill or codicil.
§ 27. No person to whom any estate, interest, gift or appointment, shall be given,
or made, which is hereby enacted to be void, or who shall have refused to receive
any such legacy or bequest, on tender made, and who shall have been examined
as a witness concerning the execution of such will or codicil, .shall, after he shall
have been so examined, demand or receive any profit or benefit of or from any
such estate, interest, gift or appointment, so given or made to him, by any such
will or codicil, or demand, receive or accept from any person, any such legacy or
bequest, or any satislaction or compensation for the same.
§ 28. If any person by last will, devise any real estate to any person for the
term of such person's life', and after his or her death to his or her children or heirs,
or right heirs in fee, such devise shall vest an estate for life only in such devisee,
and remainder in fee simple in such children.
§ 29. All devisees of lands, or other estate in this state, in which the words
^' heirs and assigns" or '* heirs and assigns forever" are omitted, and no expressions
are contained in such will whereby it shall appear that no such devise was intended
to convey only an estate for liie, and no further devise be made of the devised
premises, to take effect after the decease of the devisee to whom the same shall be
given, all such devises shall be understood to be the intention of the testator
thereby to devise an absolute estate in the same, and shall convey an estate in
fee simple to the devisee for all such devised premises.
§ 30. If any person make his last will, and die, leaving a child or children, or
descendants of any such child or children, (in case of their death,) not named nor
provided for in such will, although born after the death of the testator, every such
testator, so far as shall regard any such child or children, or their descendants, not
provided for, shall be deemed to die intestate, and such child or children, or their
descendants, shall be entitled to such proportion of the estate of the testator, real
and personal, as if he had died intestate; and the same shall be assigned to them;
and all the other legatees, devisees and heirs, shall refund their proportional part:
Provided, such children, or tlieir descendants, so claiming, have not had an equal
proportion of the testator's estate bestowed on them, in the testator's life time, by
way of advancement.
§ 31. When any estate shall be devised to any child, grand child, or other rela-
tion of the testator, and such devisee shall die before the testator, leaving lineal
descendants, such descendants shall take the estate, real and personal, as such
devisee would have done in case he had survived the testator.
§ 32. When any testator, in his last will, shall give any chattels or real estate to
WITNESSES. 621
any person, and the same shall be taken in execution, for the payment of the
testator's debts, then all the other legatees, devisees and heirs, shall refund their
proportional part of such loss to such person from whom the bequest shall be taken.
§ 33. When any devisees, legatees or heirs, shall be required to refund any part
of the estate received by them for the purpose of making up the share, devise or
legacy of any other devisee, legatee or heir, the circuit courts shall, upon petition of
the party entitled to such contribution, and due notice given to the legatees, devi-
sees, heirs, executors and administrators, order a contribution and distribution of
such estate, according to equity, and enforce such order with like effect as decrees
of courts of equity.
§ 34. All courts, and others concerned in the execution of last wills, shall have
due regard to the direction of the will, and the true intent and meaning of the
testator, in all matters brought before them.
Approved, March 2 1st, 1835.
WITNESSES..
Ail act concerning rcitnes^cs.
Ssc. 1, Subpoenas for, how and by whom issued.
2. Compulsory process when to issue.
3. Refusal to testify, may be committed.
4. Fine for non-attendance; liable for damages if expenses tendered.
5. Privileged from arrest; party arresting, suit to abate; may be fined.
6. Justice of the peace shall have power to issue subpoenas in all cases.
7. Subpoena to whom directed, and by whom executed.
8. Service and return of subpoena how made, effect of.
9. Writ may be awarded to the sheriff to take the body of witness to testify, wlien,
10. Witness taken under preceding section or on attachment, may give recognizance, its condition.
11. Habeas corpus to bring witness up to testify may be issued, by whom and when.
12. May be issued in causes pending before justice of the peace, when and how.
13. Proceedings on making application for such writ.
14. Prisoner nfter testifying to be remanded to prison.
15. Competent witness noi excused from answering on tlie ground that it may subject him to a civil suit.
16. Minister of the gospel or priest not allowed to disclose confessions made to him in his professional character.
17. Physician or surgeon not allowed to disclose confessions, when.
18. Witness not incompetent on account of religious opinions or belief.
19. Negro or mulatto incompetent as a witness except in certain cases.
Be it enacted by the general assembly of the state of Missouri, as follows:
§ 1. In all cases where witnesses are required to attend the trial of any cause in
any court of record, a summons shall l)e issued by the clerk of the court wherein
the action is pending, or by the commissioners or referees, or other person acting
under the authority of such court, to take the deposition, or testimony of such
witness, required to attend before them ut the request of either party interested,
expressing the day and the place where they are to appear, and such summons may
be served in any county in this state; which summons shall contain the names of
all witnesses for whom a summons is required by the same party, at the same term,
who reside in one county.
§ 2. Any person summoned as a witness in any cause depending in any court
622 ■ WITNESSES.
of record, or before commissioners, referees, or other persons appointed under the
authority of the court to take his deposition or testimony and failing to attend,
not having a reasonable excuse, m:iy be compelled by attachment to appear?
which may be served in any county of this state.
, § 3. Any person so summoned and attending, who shall refuse to give evidence,
which may lawfully be required to be given by such person, on oath or affirmation,
may be committed to prison by the court, or other person authorized to take his
deposition or testimony, there to remain without bail, until he give such evidence.
§ 4. Tlie court shall have power to impose a fine, not exceeding fifty dollars, on
every person summoned as a witness, who shall not appear and testify, which fine
maj be remitted, for good cause shewn, at the term to which he is summoned, or
the next term thereafter; and where the party causing such witness to be sum-
moned shall have paid or tendered to such witness his legal fees for travel, and one
day's attendance, at the time of sumnioning; such delinquent witness shall be
moreover, liable to the action of the party for all damages sustained by his non-
attendance, unless he show sufiicient cause to justify such absence.
§ 5. All witnesses shall be privileged from arrest in all cases, except treason,
felony or breach of the peace, during their attendance on any court, or where their
attendance is required by subpoena; and in going to, and returning thence, allowino-
one day for every twenty miles from their abode; and every person who shall
cause a witness to be arrested, knowing him to be attending as such upon a sub-
pjEna, his suit shall be abated, and he shall be fined, at thb discretion of the court
from which the subpoena issued, in any sum not exceeding twenty dollars, upon
ten days previous notice thereof.
§ 6. Justices of the peace shall have power to issue subpoenas for v/itnesses, in
cases cognizable before circuit and county courts, justices courts, referees, or ar-
bitrators, and for taking depositions.
§ 7. Subpoenas for witnesses shall be directed to the persons to be summoned to
testify, and may be served by the sheri.T, coroner or any constable of the county
in which the witness to be summoned resides, or may be; or by any free white per.
son above the age of twenty -one years, who would be a competent witness in
the cause.
§ 8. The service of a subpoena to testify, sliall be by reading the same, or deliv-
ering a copy thereof to the person to be summoned, and if served by an officer,
his return shall be conclusive of the facts therein stated; if served by a private
person the return shall be verified by afirdavit, which shall be received as evidence.
§ 9. When any cause shall be continued on account of the absence of a witness
duly summoned, and the party for whom such witness shall have been summoned,
shall make affidavit stating that such absent witness is material, and that he can-
not safely go to trial without liis testimony, the court may award a v/rit directed to
the sheriff of the proper county, commanding him to take the body of such wit-
ness, that he appearand testily in the cause at the next term thereafter, and the
clerk shall issue such writ accordingly, stating therein the day on v.'hich the cause
shall be set ibr trial, as the day of appearance.
WITNESSES. G23
{ 10. When any writ authorized by the preceding section, or any attachmGnt
for a witness shall be executed, the sheriT shall discharge such witness, on his en-
tering into a recognizance in the sum of one hundred dollars, (which such oaicer
is authorized to take,) conditioned for the appearance, and due attendance of such
witness according to the exigency of the wi'it.
§ 11. Every court of record, and every judge of the supreme or circuit court,
shall have power, unon the application of any party to any suit or proceeding,
civil or criminal, pending in any court of record, or public body authorized to ex-
amine witnesses,Lto issue a writ of habeas corpus^ for the purpose of bringing before
such court or public body, any person w^homay be detained in jail or prison within
the state for any cause, except a sentence for felony, to be examined as a witness
in such suit or proceeding on behalf of the applicant.
§ 12. Such writ may also be issued by any such court, or judge upon the appli-
cation of a party to a suit or proceeding pending before a justice of the peace, or
any ofR'^er who maybe authorized to examine witnesses, to bring any person con-
fined in the jail of the same county, or the county next adjoining that where the
suit or proceeding is to be heard or had, before such justice or oflicer to be exam-
ined as a w'itness.
§ 13. Every application for any writ, shall be verified by affidavit, and shall state
the title and nature of the proceeding in which the testimony of the prisoner is
desired, the court or o^cer before whom pending, and that the testimony of
such prisoner is ".n^^orial and necessary to the applicant, or the trial or hearing of
such suit or proceeding, as he is advised by counsel and verily believes; except that
when the application is made by the attorney genral, circuit attorney, or other
public prosecutoi', it shall not be necessary to swear to such advice or counsel.
§ 14. Every prisoner who shall be brought before any court, public body or offi-
cer, upon any writ of liabeas corpus to testify, shall be remanded, after having tes-
tified, to the prison from w^hich lie was taken.
5 15. No competent W'itness in a cause, shall be excused from answering a ques-
tion relevant to the matter in issue, on the ground, merely, that the answer to siich
question may establish or tend to establish, that sruch witness owes a debt, oi; is
otherwise subject to a civil suit.
5 16. No minister of the-gospel, or priest of any denomination, shall be required
or alloAved to disclose any confessions made to him in his professional character,
in the course of discipline enjoined by the rules or practice of such denomination.
§ 17. No person authorized to practice physic or surgery, shall be required or
allowed to disclose any information which he may have acquired from any patient,
while attending him in a professional character, and which information was neces-
sary to enable him to prescribe for such patient as a physician, or do any act for
him as a surgeon.
§ 18. No person on account of his opinions in relation to the existence of a Su-
preme Being, or a state of future rewards and punishments, shall be incompetent
to testify as a witness.
624 WOODS, MARSHES AND PRAIRIES.
4 19. No negro or mulatto, bond or free, shall be a competent witness except in
pleas of the state against a negro or mulatto, bond or free, or in civil cases, in
which negroes and mulattoes alone are parties.
Approved, January 27th, 1835.
WOODS, MARSHES AND PRAIRIES.
An act to prevent the firing of woods, marshes and prairies
8ko. 1. Penalty on firing woods, marshes, .^-c., if it occasion damage, ^-c.
2. Penalty for wilfully firing woods, &c., though no special damage happen.
3i Firing woods, ,^-c. liable for damages to the party injured.
4. Masters liable for offences of slaves.
6. Person permitted to fire any thing on his own farm.
Be it enacted by the general assejnbly of the state of Missouri, as follows:
§ 1. If any person shall wilfully set on fire any woods, marshes or prairies, so as
thereby to occasion any damage to any other person, such person shall pay a sum,
not exceeding three hundred dollars, nor less than fifty dollars, one half thereof for
the use of the person suing for the same, and the other half to the use of the county
in which the offence is committed.
§ 2. If any person shall wilfully set on fire any woods, marshes o]* prairies, such
person shall be fined in any sum not exceeding one hundred dollars.
§ 3. If any person shall wilfully set fire to any woods, marshes or prairies, so
as thereby to occasion any damage to any other person, such person shall make
satisfaction for such damage to the party injured, to be recovered in an action on
the case.
§ 4. Where any ofll?nce shall be committed against this act, by a slave, with the
consent, or by the command of his master, such master shall be liable in the same
manner and to the same extent, as if the act had been committed by himself.
' ^ 5. This act shall not extend to any person setting fire to any thing on his own
farm, as often as occasion may require, if done without intention to set on fire the
adjacent woods, marshes or prairies, not occupied by such person.
Approved, January 2Gth, \^2>5.
WRITS AND PROCESS. 625
WRITS AND PROCESS.
An act regulating writs and process.
Sbc. 1. Style and attestation, see state constitution, Art. 5. sec. 19.
2. Fees and tax to be paid on.
3 Not to be executed on .Sunday or Sabbath; except in ccitain cases.
4. Clerlis may issue alias writs^ and process to bring in representatives of deceased parties.
Be it enacted by the general assembly of tJip state of Missoui i, as follows:
{ 1. All writs and process issued out of any court of record, shall run in tlie nara-3
of "the state of Missouri," and shall be tested by the clerk of the court from which
the same shall be issued; and all such wi'its shall be sealed with the judicial seal of
such court; and all writs and process issued by any judge or justice of the peace,
or other officer authorized to issue the same, shall run in the name of "the state of
Missouri," and be subscribed by the officer issuing the same.
§ 2. In all cases where any person shall apply for an original writ or process for
commencing any action in any court of recoi'd, the legal fee for issuing the same
and all taxes accruing thereon, shall be paid to the clerk at the time the writ is issued.
} 3. No person on Sunday, or on the fourth day of July, shall serve or execute
any writ, process, warrant, order, judgment or decree, (except in criminal cases,
for breach of the peace, or when the defendant is about leaving the count} ;) and
the service of every such writ, process, warrant, order, judgment or decree, shall
be void; and the person serving or executing the same, shall be as liable to the suit
of the party aggrieved, as if he had done the same without any writ, process, war^
rant, order, judgment or decree.
§ 4. When any writ or process issued out of any court of this state, shall nit be
executed, the clerk of such court, on application of the party suing ouf. sucli writ
or process, shall issue other like process; and if any party to any suit depentimg
in the said court shall die, the clerk of such court may, in vacation, issue proper
writs and process to bring in the representatives of such deceased party, on appli-
cation of the other party in such action.
Approved. December 16^A, 1834.
80
INDEX
ABANDONING child under 6 years old by pa-
rent, &c. 173
Abateiuext of £iiit
by death, marriage, SlC' .... 465
death of one of severa] plaintifl's or de-
fendants not to abate suit • • • • 465
death of sole plaintiff or defendant,
when not to .... .... 465
death or removal of public officer or
trustee, when not to .... 466
of executor or administrator not to 465
not to be, for failure of term or adjourn-
ment .... .... .... IGO
for dower, not to be, by death of either
party .... .... .... 233
of summons in dower, not to be for re-
ceipt of part .... .... 231
for admeasurement of dower, not to he,
by death of plaintiff • .... 233
under habeas corpus act, not to be, by
death of either party .... 308
(See also Practice at Law — Practice in
chancery.) • • • . • • . 4C5, 51.3
pleas in, to be verified by affidavit . . 459
in criminal cases to be verified. Sex:. 485
^bbrer^iatioTw:, English in common uso, may be
used in process, &c. .... 158
^ibduction of females forcibly to marry, &.c. 170
of females under 18 for purposa of
prostitution, &.c. • • .... 170
of child under \'2 with intent, kz. 112
of colored persons .... .... 173
^flhoi'tion, attempt to produce 172
of quick child by drugs, &c. .... 1 C:
of quick child by injur}- to the mother 16^
^. B. C. tables, setting up, keeping, betting
at, &c. 207, 208
Absconding debtors, proceedings against in cir-
cuit coiirt • . .... ... 75, 451
injustices' courts- .... . . 8.3, 34D
Jlbstaining from prosecutions for offences, agrca-
msntfor 102, 193
Acceptance of bills of exchange, (see Bills of
Exchags) 97
Accessaries, before the fact in felony, punish-
ment .... • • . • • • ■ • 212
after the fact .... .... 213
after the fact in kidnapping .... 172
indictments against, in what county
tried 481
may b« tried after principal pardoRwl 483
Account, a ti m of, by and against whom main-
tained • • • • • • • • ' • • • 37, 38
how commenced, proceedings, &c. 37, 38
power and duty of referees .... 38
Accounti, of executors and administrators hovr
entered and kept .... .... 57, 58
settlements, how and when made 58
of monies received and disbiursed by
coimty treasurer . . • • .... 150
of county treasurer, to be settled annu-
• ally 150
of receipts and expenditures to be pub-
lished annually .... .... 19
of public administrators, when and how
to be rendered .... .... 65, 66
of guardians and curators, to be settled
annually • • • • • • • • • ' ^-^^
of clerks, collectors, &,c. for monies due
the county or state •• •••• 151
of commissioner of seat of government,
how kept and settled H^
of warden, officers, &.C. of penitentiary,
how kept, settled, &c. • • • • 435
(See Penitentiary) ^34
contingent, of secretary of state, when
to be settled ^73
as librarian • • • • • • • ' 5JJ
of collectors, &c. to bo exhibited to the
auditor 60'
duty of auditor in such cases 608
of auditor to be settled, when, by whom 611
of treasiuer to be settled when, by whom 611
Accountajit, general, of the state, auditor de-
, . . u„ 606
clared to be
Accusation, of criminal offence, how to be made 28
, , . , f 27, 28
Accused, rigat of • ■
120
Acknowledgment, o( con^ejancet
in the state, how taken
out of the stats • • • • * ' ' '
taken out of the U. States, how . • 120
how taken and certified
of relinquishment of dower ■ • • • l--^
how, and before whom taken • • l^^
of wife to conveyance of her land 123
before whom, how taken & certified 123
(f^ee ( onveyances) H"
of satisfaction of decree* in chancery 340, 341
of liens on buildings • • • • 109
of judgments at law • • 340, 341
•f •atisfactiom of m3rtgn«!» 41 •
62U
INDEX.
t^eknowledgmenty
of marriage contracts •• .... 400
of town plats, filed for record, eflfect of 599
of conveyances by sheriff .... 259
personating another in rnaKing, punish-
msnt 189
Actions, what maintainable by aud ag-iinst
executors and administrators 47, 48
by or against counties, where tried 142, 143
how commenced against a county 14S
against a corporation .... 121
ofaccount, in what cases maintainable 37, 38
civil, costs in, regulated . • 129, 130
civil, not merged in the felony ••• 215
detinue, regulated .... ... 234
pleadings in, on statute, regulated 459
trover, pleadings in, on statute regu-
lated 459
for divorce smd alinaony . • • 225, 226
of dower, proceedings in • . • 229, 230
for admaasurement of dower .•• 232
of ejectment regulated • . • • • 234
by landlord against tenant • • • 375
for freedom, by whom, and how brought 284
to recover money lost at gaming • • 290
by or against insane personH,by wbom,«S8X3.326
what may be brouglu before J. P. 348
brought before J. P., proceedings 349
for rent in arrear .... .... 375
of assumpit for use and occupation 375
for money received contrary to statute 459
pleadings in, regulated .... 459
ef debt for money received contrary to
statute • • .... .... 459
pleadings in regulated .... 459
limitation in civil cases .... 392
to foreclose mortgages regulated • ■ 409
for partition of lands • • .... 421
en penal bonds regulated • • • •, 430
of debt, by petition in debt • • • • 449
civil, at law regulated .... 450
in chancery, regulated .... 5U6
of replevin, proceedings in v . . • 527
for rQCQveiy of balances due the state 608
for certain trespaeses .... Q\2
,£e!,:., 'private published by authority, evidence 250
authentication of, when governor disap-
proves 37g^ 379
if not returned by governor . 379
repealing, how construed 379, 385
Addrkss, judge, &c. may be ronoved by . . 24
proceedings in prefering charges • . 39
•opy of •karges to be servsd bu aocused 39
Address,
managers, appointed, &c 3^
witnesses, depositions, &c., how ob-
tained .... .... .... 39
on conviction, duty of the governor 39, 40
Admeasurement of dower, proceedings to obtain 232
proceedings for, not to abate by death of
plaintiff ..... 233
Administration, of estates .... .... 40
Accomit, how to be made on death, resignation
or surrender of letters .... 44
of sales to be made .. .... 49
Accounts, to be rendered, on application for sale
of land, &,c. 52
to be entered and kept by clerk . • 57
annual settlement of, to be made 57, 58
how settled, and assets apportioned 58, 59'
how final settlements of, made . • 59
neglecting to make settlements, proceed-
ings 58
how rendered and settled when there
are no known heirs • • • . 246, 247
final settlement, money of distributee
to be loaned, when • .... 61
on settlement of, what claims against
th« estate to be allowed .... 58
what charges, expenses, &.c.
allowed 49, 50, 58
final settlement, what debts charged in
inventory to be allowed . . • • 59
Actions, by and against executors and adminis-
trators . • .... . .... 47^ 48
Affidavits, to be made by applicant for letters, &.c. 42.
by administrator, de bonis ,ion • • 42
by ex'r or adm'r with will annexed 42
to be made on complaint of waste,
insanity, &c. .... .... 44
on application for new bond, additional
security, &c. .... . . . ^ 44
to be annexed to and filed with inventory 46.
to be filed on complaint of embezzlement
«fec. 46, 47
to be made by appraisers • • • 47, 5Q-
to be annexed to sale bill by clerk of sale 49
on application to sell real estate to
pay debts .... 52-
on report of sale of real estate • • 53
on petition for specific performance of
contract to convey' . . .... 53
of service of notice, when • • • • 56
on application for appeal 63
Allowance, to the widow .... .... 48
to widow until dower assigned . • 61
, I iN D E X.
629
AUotmnce,
for the support of minor children. • 61
to executors and administrators as com-
pensation • .... .... 61
^ippeal^ in what cases allowed . . • . • • 63
when and how to be taken .... 63
bill of exceptions on, when .... 63
proceedings of circuit court on • • 63, 64
how far a supersedeas . .... 63
t^fporlionmevt., of assets how made • • 58, 59
of claims undecided, to b3 reserved 58
f-^ppraisement, of personal estate, how made and
returned • . .... .... 47
filed in vacation, to be examined by
court .... .... .... 49
how far evidence .... .... 47
of real estate, when required, how
made .... .... .... 52
vippraijers, of personal estate, appointment and
duties .... .... .... 47
qualification and compensation • 47
of real estate, qualification, &c. « 52
t^saetsy to be collected by executor or adminis-
trator .... .... .... 46
embezzled or concealed, how recov-
ered 46, 47
appportioned among creditors, how 58, 59
^ssignrrient of bonds, &c., taken by executor
or administrator, &.c. .... 49
Bonds, to be given by executor and adminis-
trator . • • • .... .... 42, 43
who may, and who may not bo seciu:ity
on .... .... .... 43
to be recorded, where filed, taken in
vacation, proceedings .... 43
new, and additional security, may ba
required, when .... .... 44
copies of, evidence .... • \ • • 43
Hmitation of actions on, against se-
curities .... .... .... 45
for refunding to be given, when and by
whom . . . ? .... . . . ., 60
suit on after final settlement, when, &c. 62
of executors and administrators, may
be sued on, when, how^ &c. « « 62
for appeal to be given, how .... 63
J?ooA;j, papers, &c., embezzled, how recovered 46, 47
to be provided by clerks, &c. • • • • 57
Children, appropriation for support of . • • • 61
Citation, of next of kin to administer, &,c, • 42
to make settlements, proceedings • 58
to compel delinquents to comply with
the law 49
Citation,
revocation of letters after, when • 45, 58
Contracts, for purchase of lands, how disposed of 51
may be cancelled, when, and land relin-
linquished • .... .... 51
for conveyance of real estate, how en-
forced 53, 54
with executor or administrator,
how enforced .... 54
Compensation of appraisers .... .... 47
of vvitnessess who assist in making in-
ventory ... .... .... 46
of executors and administrators . . 58, 61
Continuance may be granted, when . . 50
Costs, on an issue of waste, by whom paid 62
by whom paid on suits in one year after
administration .... .... 54
on citation to compel settlements • 53
Creditors, notice to, to exhibit demands ... 47
may enforce sale of real estate, when 52
assets, how apportioned among • . 53, 59
Dc bonis non when granted .... .... 44
Debts and demands due estate to be collected 47, 50
due by executor to the estate, assets 48
charged in the inventory on final settle-
ment, to be credited, when .... 59
against estate, when to be paid .... 57
in what court to be established, how de-
termin&d • . .... .... 56
how classed, and when barred .... 55
how to be, and when considered legally
exhibited . • .... .... 55, 56
how to be established, affidavit to be
made, &c. .... .... 56
allowed, list of, to be kept by executor
or administrator . • .... 56
to be classed, and satisfied according to
classification .... .... 57
in what order to be paid .... 57
assets apportioned for the payment of 58, 59
payment of, how enforced .... 59
due executors or administrators, how
established .... .... 56, 57
Debtor, appointed executor, debt not discharged 48
Deeds, to be made by executors aiid administra-
tors, effect of • . • • . • • • 53
by clerk of county court, when • • • 53
by executors and administrators for land
sold by deceased, when . • • • 54
to be made to executor or administra-
tor on contract of deceased, when, how 54
Depositions in support of demands, may be taken 56
Devastavit suggested, proceedings thereon • 61, 6S
630
INDEX.
DevastavH, f*
action for, proceedings • • T". . . 62
liability of executors and administrators
for G2
Distribution, to be made within a j'ear, vrhen 60
of legacies within a )'ear, when • • • 60
when not to be made within three years GO
refunding bond when required .... 60
sale for purpose of. when .... 60
claims of distributees n be adjusted 60
if distributee be purchaser, his receipt
good 60
how made, when real estate is sold and
personal reserved . . .... 60
rights of the widow in such case • GO
how distributee compelled to refund 60
Docket, to be kept by clerk of coimt5'court 53
Effects, concealed or embezzled, how recovered 46, 47
of deceased not to be opened or ex-
amined without witnesses .... 46
Equitable interest in land, when sold, &c. . 51
Execution, on apportionment to creditors, when 59
on judgments for waste against whom
and what estate .... .... 62
proceeds of, on such judgments how
applied • • .... .... G2
Estates, assistance in taking care of, may be
procured, when .... .... 49^ 50
when not to be sold .... .... 49
when to be delivered up to widow 61
Etidaice, copies of administration bond . . 43
letters testamentary and administra-
tion, 43
inventories and appraisements, . . 47
in support of demands, how taken 56
Femnxe couerf, cannot bo esecut;ix or adminis-
tratrix .... • • • • • . • . 41
Femmr sole, marrj^ing, letters revoked .... 43
Goods, papers, &,c., embezzled, &c. how re-
covered .... .... 48, 47
Husband o/ex'rx. or administratrix, no authority 43
Interest, on debts, when assets . . .... 5Q
when to be paid by executor, &c. . 50
on distributive shares, when, &c. • 6'
Incapacity to act as executor or administrator,
letters revoked . . .'. .... 43, 44
Inventories to be m9.de and returned on oath
when and where to \)e filed ....
witnesses to assist in making, how ap-
pointed . . .... ....
how far evidence .... ....
filed in vacation, to be examined by
•ourt .... .... ....
491
Land, lease of, how authorized 49
repairs on, when to be made . • 49
power to sell, by whom executed • 51
contracts for, may be completed, when 51
may be relinquished, when .... 51
mortgaged, may be redeemed or sold,
when .... 51
sale for payment of debts, when, how 52
contract for conveyance, how enforced 53, 54
to executor or administrator, how
enforced .... .... 54
Lease of real estate, how authorized .... 49
Legacies, when to be paid within a year . . 60
on payment of, refunding bond to be
given, when .... .... 60
distribution of, how cai-ried into effect GO
when property to be sold for payment of 48
specific, not to be sold unless to pay
debts .... .... ..... 48
Lettej-s by whom and where granted .... 41
who incapable of taking .... 41
who entitled to, and in what order 41, 42
with the will amwxed an3 pendente
lite 42
during minority or absence of executor 42
de bonis non, when to be granted • 44
to be recorded and certified .... 43
delivered, before certified, penalty . 43
copies of, received in evidence . . 43
revocation of, for what causes .. 43-, 44
on failing to make settlement, when 45,58
may be resigned and surrendered, when
haw, ■ ....■■ .... .... 4^j
Limitation of actiofls against securities on bond 45
• of demands against estates .... 55
Maintenance of widow and children, allowance
for, when • .... .... 61
Marriage offemmc sole executrix or adminis-
tratrix, effect . .... .... 43 I
.Vo,nM/-ccK)ceaied or embezzled, how recovered 46, 47 "
on hand, how disclosed, and disposed of 50
of distributee to be loaned out, when 61
Mortgnge, redemption of, to be ordered or
equity sold 51
Kotioci, how gi/en of intention to resign or sur-
render letters • . .... .... 44
to creditors to exhibit demands, when
and how given .... .... 47
when there are no known heirs .... 47
of sale of personal estate, when and
how given 49
to executor or administrator by a credi-
tor, &c., on application to sell land,
<S:« 52
INDEX
631
GO
61
56
43
Js''utic€,
on application to sell real estate to pay
debts, how given .... .... 52
of sales of real estate to be given, how 52, 53
of application for specific performance
of contract to convey real estate 53, 54
of final settlement, how given •••• 59
of application to sell for distribution,
how given • . .... ....
of application to court to compel legatee
to refund • • .... ....
of application to compel new bond and
additioned security . • .... 43, 44
of demands to be presented against
estate, when and how given ....
on application to reserve personal, and
Bell real estate, hoiw given ....
Oath to be taken by executor and administrator
of money on hand
to be taken by applicant, &c. or persons
oflTered as securities . • • • • •
Papers concealed or embezzled, how recovered 4G, 47
Personal estate, inventory, appraisement . . 4(5
to be sold when there are no known
heirs .... .... .... 49
sales of, public, private • • • • • 48, 49
may be reserved and real estate sold,
when .... .... .... 52
distribution o^, how made .... 59, 60
Power by will to sell land, to be executed by
whom ■ • .... .... 51
of courts over executors and adminis-
trators 52, 58, 63
Real estate (Sec Lands) 49 to 54
Receipts to be given by executors and adminis-
trators . • 47, 50
by the widow for what . • 48
Refunding, bond for, when to be given, . • 60
hovif enforced when necessary . • 60, 61
Redemption of mortgaged property, may be
ordered, when .... .... 51
JFleKngmVime/if of lands purchased, when . 51
Remedy against persons embezzling effects . 46, 47
Renunciation of administration, what deemed 42
Repairs of real estate, when to be made . . 49
!JlepeaZo//e<fer's,when&forwhatcauses43,'44, 45, 58
Resignation of letters, when and how, .... 44
expenses of, by whom jjaid .... 44
Revocation of letters . . • . . . 43, 44, 45, 58
Sale bill, to be made by clerk at sale .... 49
where and when to be filed • . • 49
filed in vacation, to be examined by
court, when • .... . • • • 49
Hales^ of personal estate, when no known heirs 49
at private or ])ul)l'c sale to pay debts 48, 49
where distribution cannot be made 60
of real estate under a will, by whom . . 51
of etiuitable interest, on purchase . . 51
of the equity of redemption .... 51
for payment of debts . . . • • . 53
appraisement before sale, how made 52
public, where made, how conducted 53
notice of, to be given, when and how 52, 53
private, price limited 53
return of, deed, and effect of ... • 53
Scire facias, against securities, when .... 59
Securities, limitation of action against .... 45
remedy against, on apportionment of
assets . . . • .... .... 59
extent of liability in certain cases . 62
inay require new bond to be given, when
and how to pi'gceed . . .... 44
who may proceed against, in certain
cases .... .... .... 45
discharged from liability, when new
bond given, to what extent .... 42
Snquestration, orders of court may be enforced by 64
"Settlement, to be made annually . . .... 57, 58
to be recorded by clerk . . .... 57
proceedings to compel, citation to issue 58
falling to make, letters may be re-
voked 45, 58
of accounts, what charges, disbursements
and expenses, allowed . .... 58
what claims against the estate to be allowed 58
expenses to be paid, balance on hand,
apportioned among creditors . • 58
when made, how to jiroceed, till debts
are paid or assets exliausted . . 58, 59
final, notice to be given, how conducted 59
final, what debts charged in the inven-
tory as due to the estate to be credited 59
how made if there are no known heirs 246, 247
final, money of distributee, or legatee to
be loaned out, when • . .... 61
court may order payment of legacies,
and distributive shares, when .... 60
Slaves, when to be sold for purpose of distribution 60
for payment of debts . . 48
may be hired out under the direction of
court • • • • 49
hire of, to be paid to the widow, wJien
and how mnch .... • • • • 61
Surrender of letters, how made 44
Survivorship, among executors & administrators,
their dntisf . • 44, 45
632
INDEX.
Wiute, may be suggested, by whom 61, 6:2
proceedings on such suggestion • • • • 6;2
action of, when brougVit, and effects of
the judgment • • • • • • • • 6:2
damages, application of .... 63
or mismanagement of estatCj letters
may be revoked .... . • 43, 44
suit on bond of ex'r. or adm'r. for, may'
be brought, when ' • .... 62
Widow, allowance to', in addition to dower • 48
may take other property not to exceed
$150 00 48
such property not liable for debts,
to be deducted from dower • 48
property not taken, proceeds to be
paid to • . • • • .... 48
rent of land, and hire of slaves to
be paid to, when and in what pro-
portion • . . • .... .... 61
estate to be delivered up to, when • 61
distribution to, how made, when real
«state sold in lieu of personal to pay
debts 60
Will, produced, letters of administration revoked 43
set aside, letters testamentary revoked 43
Witness, when executor or administ ator, com-
petent • • • • • • . . . . • • 48
two, appointed to assist in making in-
ventory .... . . . . • .... 45
penalty for making inventory, without
them 46
their compensation .... .... 46
Administrators, who incapable of being and who
prefered ■ .... .... 41, 42
with the will annexed, when appointed 42
pendente lite, during minority, or ab-
sence of executor .... .... 42
by what authority, and in what county
appointed • . .... .... 41
oath to be taken, on application for
letters 42
bond to be given, its condition • • . • 42, 43
to give additional security, when . . 44
letters may be revoked, for what
causes 43, 44, 45, 58
may resign or surrender letters, pro-
ceedings .... .... .... 44
de bonis nan when to be appointed . 44
how compelled to account on death, re-
signation, revocation or surrender of
letters .... .... . . .■. 44
actions, what may be maintained,
1^ and against 47, 48
Administrators, '
of account may be maintained by
and against .... .... 37
pending,to be prosecuted or defended by 48
how made parties to .... 465
claiming as creditor, how to proceed, 56, 57
liability for waste .... 61, 62
power and control of court over
them • . 52, 58, 62
how to dispose of apprentices . 70
when there are no known heirs how
to account ind pay over money 246, 247
when judgments or decrees, survive
to or against .••'• .... 340
of tenant for life, may recover rent
in arrear ■.■... .... 375
may recover rents due the intestate 375
of officers^ their duty to deliver over
books, papers, &c. .... 42*0
of clerks, to account for, and pay over
monies, &c. .... .... 114
when joint contracts and promises
survive against .... .... ng
of county treasurer, to account and
make settlement .... .... 150
may sue or be sued, for penalties under
the habeas corpus act • . . . . 308
of tenants for life may recover rents,
■ When .... 376
may recover rents, due their intestate 376
may give receipts, &c. but majority
must join . • .... .... 50
may bring suits within what time after
death of intestate . .... 394
may sue for money or property lost at
gaming by intestate . . • . 290, 291
executions, how to issue against for
false pleading • • . . • • • . 253
for demands allowed, when 58
on judgment for waste, &c. 62
of convicts, imprisoned for life • 503
Administrators Public, by whom appointed 64
tenure of their office > . • • • • 64
to take oath and give bond • • • • 64
certificate of appointment, official oath,
and bond to be recorded . . > • 64
who may sue upon his bond .... 64
how to be removed from office- • • • • 64
their compensation .... .... 65
when he may be indicted and fined 65
their general powers and duties • . 65
when and how to account for amount
of inventory .... .... 65
to account & deliver money, &e. to heirs, 66
INDEX.
633
107
206
581
119
95
418
214
37 2
4'
* *^d quod damnum, to as33S3 damages for ma'
terials to erect bridge ....
t,9 ^•iltery, open aud notorious, punishable •
of the wiib a bar to dower ....
malicio.nly and falsely charging a per-
son with, actionable ....
^idrancement tochildren to be brought into hotchpot 2 J3
^idverse posscssioii, does not in, validate a deed
to land • • • • • • • • • •
.Advertisement, what, evidence of publication
costs of publication, how adjusted and
paid .... .... .... 95
penalty for defacing, tearing down,
destroying, &c. .... .... 95
%jiffi davit'!, in what manner and by whom takcu 4l8
Affirmation, in what cases and bj'- whom ad-
ministered • .... ...
Jlffrays, in the n'ght time, how puaished
where cognizable • • • •
■v3^e, lawful for an ex'r or adm'r. •••
cf judge to be state on oath, and filed 155
within which, marriage shall not be
contracted withoutconsent of parent 401
lawful, for making wills and testaments 61 7
Jlgent, of the state or any county committing
fraud in official capacitj- ....
for saline land may be appointed •
parties may appear bj', injustices' court
his authority, how proved ....
.Jlgreement:^, when rer[uired to be in writing
with boatmen to be in writing • • 99, 10 )
on gaming consideration utterly void 291
Ale house, uot to be kept open on Sunday after
9 o'clock, A. M.
Aliexs may hold and convey lands ....
jury of part abjliahed ....
Alienage, of ancestor, no bar to inheritance
Alimoni/, may be decreed in cases of divorce
hov/ secured and paj^ment euforced
may be increased or diminished
court maj' allow for support, pending
suit for divorce .... ....
■ Allowance, to widows, whether estate solvent
or not .... .... ....
to b? made for support of widow and
ch'ldrcu • . .... ....
Am,endments, to constitution of United States,
how made • .... .... 8
ofstate constit'.nion,how made&ratifled 26
of pleadings in civil actions at law,
wdien allowed .... .... 457
in suits in equity • • • • 510
allowed after arrest of judgment, &c. 470
81
200
557
354
351
117
209
Go
480
223
226
226
225
226
48
61
Amendments and Jeofails, (See Tractice at
Law) 467
Amicable actions, may be determined by J. P.
without process 350
Animals, cruelty to, how punished 181
maliciously maiming • . . 181, 210
administering poison to, or exposing
it, with intent to be taken 181
trespassing, owners liable, when . • 3U
persons killing, to pay double damages
when inclosures insufficient 3ll
to mark, brand, or alter the mark or
brand, or wilfully kill animal, &c.
larceny 178
Answer to bill in chancery (See Practice in
Chancery) 508
Apothecary, selling poison without label • • 219
Appeals, in what cases allowed from the coimty
to the circuit court . • .... 63
by defendants in trials before J. P. for
assault and battery 374
in cases of boatmen .. .... 101
on proceedings against boatmen before
J. P. effect of 101
against boats and vessels 104
ifor assignment of dower • 233
for admeasurement of dower 233
for escheated lands .... 249
in cases of forcible entr}'' and detainer
not allows 1 280
in actions for freedom, &c. .... 286
in cases between guardian and ward 63
from justices' courts in civil actions,
regulated • .... .... 369
from justices' court, costs how adjudged 129
in case of breach of the peace 374
from circuit courts, in actions at law,
how regulated .... .... 490
in criminal cases regulated 498
in chancery causes .... 517
C031S on regulated .... .... 130
on pi'0';eedings for partition of land 426
from the assessment of taxes, how made
anl tried • • • • • • • • • 534
from decisions of auditor on claims
against the state .... .... 609
from tlie judgment of court upon con-
firming awards .... .... 73
upon vacating awards • 73
of felony abolished . . .... 214
by attornies, on charges exhibited
against them .... .... 91
G:i4
INDEX.
Jlppcaranrc, maybe by attorney or in poison, 458
in justices courts in person or by agent, 354
agency in such case how proved, 'J:'A
JljypUcalions, to the legislature, in \vhat cases
notice to fac given, and how .... 333
^Apportionment, of represontation in congress,
how made • • • . • • • • • • 1,2
in the ganaral assembly, how mada IG
t^PPraisemciit, of personal estate of testator, or
inies.ate .... .... .... 47
of real estate f (nstator or intestate,
in what cases .... .... 52
hov/ far evidence loi and against exe-
cutors and administrators • • • . 47
of goods, ^c. found, to be made and
recorded • . .... .... 397
of strays, to be made, certified and
recorded . • .... .... 594
t^ppraisers, of estates, qualification and oath 47
compensation of • • . . .... 47
of goodn, &c. found, duties of ■• • 3D7
of strays, their duties . . .... 594
Apprextices, what indentures of, valid, ^-c. 66, 67
minors may bind themselves, how, 67
person to whom bound, to make affi-
davit 67
by the mother, in case of the incapa-
city of the father • • .... 67
incapacity of the father, how established 67
bound by the county court, when . 67
guardians may bind, when •... 67
covenants to be in indentures • . 67, 63
courts to require execution of covenants,
and redress grievances .... 68
negro or mulatto not to be educated,
allowance in lieu thereof .... 68
minors, vagrants, to be bound ..613, 614
age to be stated in indentures . . • • 68
indentures not pursuant to statute void
as to apprentice .... .... C3
may complain to courts, when, pro-
ceedings 68
may be discharged, v/hen . • . • 68
may be rebound, when • .... 68
masters may complain against, pro-
ceedings • . .... .... 68
desertion, and other misconduct, how
punished 68, 69
counselling, &:c. to desert or rebel, pen-
alty n
entertaining, harboring, &c., penalty 69
may bo bound by executor, when • 69
i'ijyprenliccs, *
not to he removed out of the stale, 69
pvociicdings in such cases • • 69
liow disjjosed of, in case master wishes
to remove or quit his trade • • . • 70
two or more masters, one dies, or
death of all, how disposed of • • 70
damages for desertion, hov/ recovered 70
embezzlement, <5cc. master's goods, &c.
how punished . • • • .... 179
guardians, may bind their wards, when 296
free negroes and mulatto 3S to be bound,
when .... .... .... 414
Arditkatiox, who may submit to 71
what matters . . .... .... 71
arbitrators to appoint time and place of
hearing, parties . • • • • • • • 71
to be notified, ma}' adjourn. Sec. 71
oath of arbitrators, attendance of wit-
nesses, hov/ compelled .... 71
power of arbitrators, all to meet, ma-
jority may award .... .... 71
award, how authenticated, how con-
firmed 71
"may be vacated, on what ground 72
motion to modify or correct, when
to be made .... .... 72
power of court on such application 72
judgment 'on award, when and how
rendered • . .... .... 72
costs on, when and how taxed and
collected .... .... 73
on vacating av/ard, payment
how enforced .... 73
eifect and extent of judgment on award 73
record of judgment to be made ; what
it shall recite .... .... 73
writ of error or appeal on affirming or
vacating award .... .... 73
order for vacating, reversed, proceeding 73
powers of chancery over arbitrators,
&c. and certain actions not aflfectcd
by this act . • 73
subniission revoked, costs, dama-
ges, &c. may be recovered 73
submission shall not be revoked after
cause submitted to arbitrators 73, 74
bond for submission, what damages may
be recovered on .... .... 74
referees, appointed, their powers and
duties • • .... .... 74
power of court over .... 74
I iN D E X.
(335
Arbitration.) '
report of, confirmed, judgmant 71
fees of witnesses, and officers 71
Arbitrators, their Y>0\vex3 and duties, (see Ar-
bitratiori) • • • • • • • • • 71
Arms, right of the peo]5!e to keep aud bear, r.ot
to be questioned . • • • .... 10, ^~i
exempt from sale, distress, <L-c. • • 2.j.j
free negroes or iniilattoes not to carry,
except, <Sl-c. . • • • • • • • 41 1
slaves not to carry, forfeited, &c. • 585
Army, power of congress to raise, &c. • • • ■ 4
^rrai^wmo- defendant on indictment .... 4S5
Arrest, privilege from, of senatoi-s and repre-
sentatives . • .... .... \o
of voters, judges and clerks of elec-
tions 17, I'll
of witnesses, penalty for violation 61-
after discharge on habeas corpur,, pe-
nalty for • • • • • • • • • • 307
of idiots and lunatics, in civil cases,
prohibited • • • • 320
in civil cases, in what county • • • • 450
on capias in civil cases, when • • • • 451
discharged from, on executing bail bond 45;2
powers aiid duties of the sheriff on, in
civil cases • • • • • • • • • • 45;2
on civil process, when and hov/ im-
prisoned • • .... .... 4j2
insolvent duly discharged to bo exone-
rated from • • .... .... 330
of defendant for assault and batterj-,
affray, <!L-c. 373
of garnishee, when .... .... 78
Arrest of J7idgment, when not allowed .... 4G0
motions for, v/hon, and reasons filed 4G"!
(See Practice at Law) .... 4G3
new action may be commenced uithin
one year thereafter • • .... 395
Arrests, on criminal charges .... .... 47 1
Arsenal, maliciously burning, <L-c. punished • 17 ^
Arson, of the first degree defined 17.J
what houses considered dweUliig-houses 174
in the second degree • • . . .... Hi
in the third degree 174, 175
in the fourtli degree .... .... 175
punishment for first, second, third and
fourth degrees .... .... 175
Arts and sciences, power ofcongress in promoting 4
Assaults and batteries, actions io:, to bo brought
within two years .... .... 39 i
cognizable bclore.T. P. .... 372
proceeding for. before J. P. •••• , 372
Assaidts and batteries,
cognizable before J. P. for dam-.go?,
wl;e!i .... .... .... T^
Assav.lt, with deadly woaponr, punishment • '• 171
to commit robbery, burglary, hov.- pun-
• ished .... .... .... J 71
rape, manslaughter, or other felony 171
not to be convicted of, with intent to
commit felon;.', when 212
by negro, &c. on white v.-oman, v.ith
intent to ravish 170,171
of an oScer engaged in service of
P"oc=S3 193
Assembi!,', legislative pov.-er vested in 1 G
v.ho cl'gible to - .... .... 17
apportionment of members of .... IG, 17
contingent expenses of, how paid . • 39 1
members of, their privileges, election
and compensation 18, 238, 391
vacancy in, how filled 387
hov,' chosen, and for what term 1 C, 17, 233
(See Legidature) 387 to 392
Assess'ineiit of taxes, to be made by assessors 539
(See Revenue) 530
.,^i"ej5or.', how elected ; vacancies, hov/ filled 530,531
his pov/ers and duties (see Revenue) 530
Assigameni, of bonds, <L-c. by executors and ad-
ministrators • . • . . .... 49
of bonds and notes .... .... 105
assignee may sue in his own name • 105
defence in sach case not changed 195
set off and disco-Tnts against assignee 105
ass'gp.ee gets no greater interest than the
assignor - • • • • • • • • • • • 105
assignor after ass'gT.'.r.ent, not to release 105
assignee may sue assignor, when • • IO5
(See Br)nds and Notes) . • .... 1 C4
forgery of, how punished • •• 183, l'^4
of leases, to be in writing (See Frauds) '2.ii
of bonds, kc. for gaming, not to affect
defence 291
of trusts, to be in writing • .... 2?t
of dower by heirs, iSJc. how made •• 231
of dov-sr by collusion, <5:c, not binding
on the minor • .... .... 231
of dov.crhow compelled • • .... 231
Assum-psit, action of to be brought in what time 3D3
pleadings in, in certain cases regulated 459
for use and occupation • • .... 375
A.TTACiiMr:NT, against absent debtors
In the circuit court • • • • • • • • • 76
i<3j?iVijn'f and declaration to be filed •••• 75
636
INDEX
insufljcient, new afTidavit may be filed,
or attachmsiit clissoh'ed .... gil
in artaclnuaiit, in aid ol" the ordinary
process .... .... .... 80
.Allegations may be filed against garnishee • • 78
must be ajiswered on oath .... 79
when to be filed, how served • • . • 78, 7i)
garnishee failing to answer, judgmtjnt
by default • • • . • ■ .... 79
answer of garnishee adjudged insuffi-
cient, proceedings • • • • .... 79
when taken as sufficient . • • • 79
issues on, how tried • • • • .... 79
Answer of garnishee, to be on oath .... 79
if denied, issue to be made up and tried 79
Assig.ice of bond, <SL-c. attached, to be notified,
how 80
Bail^ when required of garnishee . • • • •. 78
Bond, to be given by garnishee for property . 78
to be given by plaintiff, v/lien .... 81
for personal appearance of garnishee 7b
insufficient, liribility of the shei iff .. 78
given by defendant attachment dissolved 81
to be given before execution awarded, in.
what cases • • • • • • .... 81 82
Capias may issue against garnishee, when . • 78
bail to be given thereon • • • •. 78
Compensaitim of garnishee 79
to the officer for his trouble aid expenses 83
Costs, of proceeding against garnishee, how dis-
posed of ... . .... .... 79
on interpleader .... .... 80
on order of publication •• .... 77
Court, may prescribe rules for proceeding in • 80
Debts^ not due may be attached, when 80
00 bonds and notes, attached, assignee
to be notified, when 80
Declaration to be filed before writ issues ... 7G
Z>c/awZi of defendant, proceedings 77
judgment by, effect of 77
X)moZMito?i, if affidavit insufficient, when .. 80
on bail filed, and plendiu-, uc 81
if plaintiff fill 10 give bond, when . . 81
Exception to answer of garnishee 79
Execution, on judgment by constructive notice,
when to issue 81 8^
against defendant, on general j udgment 8 J
on special judgment • 82, 83
against garnishee .... .... q;]
Garnishee, how summoned 7(;
maygive bond for delivery of property 78
when required to giv« special bail • • 78
Garnishee,
allegations, and interrogatories, may be
filed against 78
when to be filed . • • • • . • 73
how to be served • • .... 79
who shall be summoned as such • . • 7G, 77
judgment by default, agiinst • • • • 79
how made final, eifeci of • • ■ • 79
answer of, excepted to, proceedings 79
answer denied, trial, judgment • • • • 79
answer, when taken as true and sufficient 79
on answerof, judgment against, when 79
compensation to, costs, how settled 79
may discharge himself b}' delivering ef-
fects, &CC. 79
to notify assignee of bond or note at-
tached, when .... .... 80
execution against .... .... 83'
debts not due may be attached in the
hands of . . . .... .... 80
Intirpleader, by persons claiming property, how
tried 80
costs in, how adjudged • • .... 80.
assignee of bond or note attached, may
interplead, when .... .... 80
laterrogatories, (See Allegations) 78, 79
./wrf^-jjiew^, by default, against defendant ... 77
effect; and extent of judgment 77
against garnishee • • .... 79
how made final against garnishee 79
against garnishee, on trial of allegations 79
on answer filed .... .... 79
in attachment, how executions may be
awarded on • .... .... 82, 83
not to be rendered against garnishee,
until iiit3r])leader determined • • • 80
for costs in cases of interpleader • • 80
by default, proceedings to set aside 8.2
on constructive notice, may be resisted,
within what time, and how .... 82
Mitijication, to be published, when, how ... 77
expenses of, how paid • • • • • • •. 77
of garnishee, of interrogatories filed 79.
to assignee of bond or note attached,
when and how .... .... 80-
0;-ier, of publication, when •••• •.•• 77
of sale, of perishable property when and
hoav , 81
P/"ciTj6rc_?/, may be attached, when • .... 76
real and personal, how attached and
seized 76, 77
of one defendant attached, how plaintiff
may procead 77
INDEX.
637
Property^
of one defendant seized, causa shall not
be delayed, when • • • • .... 77
attached in hands of garnishee, may be
retained, how .... .... 78
garnishee may discharge himself by de-
livery of, when .... .... 79
perishable, may be sold before final
judgment • • • .... .... 81
claimed by third person, how tried • B'J
compensation to officer for keeping 8^
Return, of original writs, how made .... 7G
of writ of capias against garnishee • 78
of order of Kile of perishable property 81
Rules for proceeding in, may be prescribed by
court • • • •. .... .... 80
Sheriff, duty in executing and returning writs 76
duty in executing and returning writs
against garnishee • • • • .... 78
liability of, on failing to return good and
sufficient bond .... .... 78
iSaZe of perishable property .••• •••• 81
Swnmons, in attachment, how served, &.c. • 7f)
Writ, original, form and effect of • . • . . • 76
when separate, may be issued to dif-
ferent counties .... .... 76
how issued, and returned • .... 76
how served .... .... .... 76, 77
of capias, against garnishee, how ob-
tained 78
what to be endorsed on .... 78
service and retUiii of .... 78
pf attachment, in aid of ordinary pro-
cess, how and when obtained . . 80
to be entitled in the cause pending,
and in aid thereof .... 80
form of the writ, service, return,
proceedings .... .... 80
tn juslite's courts, may be sued out, when 83, 84
in what township to be brought • • • 349
Mfcdantt, and note or account to be filed . . 84
Jliiswer, of garnishee, to be taken down and filed 86
may be denied .... .... 86
issues on, how tried .... .... 86
costs on, how adjudged •• .... 86
Bail, may be given by garnishee for his appear-
ance .... .... .... 87
given by defsndant, attachment dissolved 86
Bond, may be given by garnishee, and property
retained • • • .... .... 85
by defendant, «&::.c. when .... 85
by garnishee, for his appearance 87
refusing to give such bond 87
Bond,
to be given by garnishee, when effects,
tScc. found in his hands .... 87
to be given by plaintiff before execu-
tion can issue, when . • .... 83
Capias, may be issued against garnishee, when 87
how obtained, service • • .... 87
extent and effect of ... • • • • • 87
Compensation, to officer for keeping property, &c. 88
Constable, duty in executing and returning writs 84, 85
compensation to .... .... 83
Costs, on issues between plaintiff and garnishee 86
on judgment in favor of garnishee • 87'
JDjfault, judgment by, how made final .... 85
extent and effect of the judgment 85, 86
judgment by, against garnishee • • • 86
Dissolution of attacliment, how and when • • 86
effect of 86
Execv.tio7\, how to be issued .... .... 88
extent and effect of • • • • .... 88
bond to be given before issuing, when 88
for recovery and costs in favor of gar-
nishee .... . • • • .... 87
extentof, on judgment by default •• 85,86
jForwi of writ of attachment .... .... 84
Garnishee, who to be summoned, .... 84
(See form of writ of attachment) >• 84
how summoned .... .... 84, 85
may retain property attached by giving
bond . • . . .... .... 85-
to answer certain interrogatories •• 86
arrested or summoned, to be released,
wlien ■ • • • .... .... 86
answer of, to be taken down and filed 86
judgment by default against, when 86
may be attached for failing to appear 86
final judgment against, when rendered 86
answer of, may be denied, denial redu-
ced to writing .... .... 86;
issues between, and plaintiff, how tried 86
may be discharged by surrendering ef-
fects, when • .... .... 86, 87
capias against, wlien to issue, how ob-
tained . • • • • • • • • • • • 87
service of capias on • • • • .... 87
extent and effect of . • • • 87
may give bond for his appearance • 87
refusing to give bond, how justice to
proceed • • • .... .... 87
may give bond if he has effects of de-
fendant in his hiuids • • • • • 87
in default of such bond, may be com-
Kjitted to jail • • • • • • • • 87
638
INDEX.
GarnisJice,
may discharge himself by delivering the
property, money, &c. 87
judgment in favor of, v.here no eftects
found .... .... .... 87
Tntcrrogatonss, to be answered bygarnishes 86
instanter, in certain cases 87
Issues, how tried, between plaintiff and garnishee 86
Judgment, by default, how made final 85, 86
extent and effect of • .... 85
against garnishee, when .... 86
final, against garnishes, when • • • . 86
in favor of garnishes, if no effects found
in his hands .... .... 87
on constructive notice, may be resisted,
within what time .... .... 88
Notification, to bs published, when and how 85
proof of, how made 85
of sales of perishable property .... 85
Order of publication, when to be made .... 85
for sale of perishable property .... 85
Property, attached, how to be secured .... 84 85
seized, bond may be given .... 85
attached in hands of third person, bond
may be given .... .... 85
liable to perish, may be sold .... 85
Returns, how made .... .... .... gi
Sale of perishable property, proceedings .... 85
Summons, service and return .... .... 84
Writ, form, service, return .... .... 84 85
Attachment, to compel executors and adminis-
trators to account .... .... 53
to compel attornics to appear on charges
against 9I
couaty court may proceed by, to enforce
all orders in cases of administration G:3
against corporations on judgment •• ]-26
to enforce decree in chancery .... 517
for contempts in circuit court ■ • 169, 161
Attainder, no bill of, shall be passed .... 4,5
Attempts, to commit crimes, how and whenpun-
ished • • • . .... . . oi] ojo
of negro or mulatto, to commit raps,
^'■- 170, 171
to induce perjury, punishment • • • - 193
to bribe v.'itness .... .... 190
to corrupt jurors, or to influsncs jurors,
arbitrators, or referees • .... 192
to rob by threatening letters, &c. •• 177
to rescue prisoners .... .... 194
to bribs officers, or, to corrupt or influ-
ence voters 199, oqo, OQl
to raise rebellion, or insurrection, bond
or free I66
tocommit certain offences, punishment 211
Attorxev General, appointment and term of
service .... .... .... 24
liable to be' removed by impeachment 19
when impeached, suspended from office 309
to be ex officio reporter of the decisions
of supreme court .... .... 217
to prosecute ferry keepers on their bond 276
residence, and duty generally 89
I)ro tern, appointment of, may be made
when • • . . .... .... 89
his fees 89
fees of, regulated 262, 263
salary of 555
Circuit Attorxev, how appointed, his residence,
and duties • . . ; . . .... §9
to enforce settlement of administrators
where there are no known heirs • 247
to institute and prosecute suits for
escheated estates .... . . 247, 248
to prosecute charges against clerks 113
to prosecute suits for school monies 565
salary of 555
Attorney; parties may appear by, in civil suits 458
power of, to be proved, recorded, &c. 123
revocation of, must be recorded 123
Attora'Ies at LAW^not to practice without license 89,90
practicing without, how pun-
ished ... 90
applicationfor license, tobeexamined,&c. 90
to take oath • .... .... qq
roll of, to be kept by clerks .... 90
may be stricken from the rolls, when 90
charges erdiibited against proceedings 90, 91
failing to appear, may be enforced by
attachment • .... .... gj
may be removed or suspended without
trial, when • .... .... gj
to be suspended until charges be eu-
quirbd into, when ... - .... 91
suspension to be discontinued, wlien 91
what shall be conclusive of the facts
charged 91
trial of the fact?, how, judgment of the
court .... .... .... 91
bills of exception, appeals, and writs of
error allowed .... .... 9^
extent and effect of judgment of remo-
val or suspension .... .... gj
liable for costs as security', how recovered 131
liable for costs and damages for neglect
of duty, &c. .... .. 131,132
INDEX.
639
Jlttornies at Law,
judge not to practice as • • • • • 160
judge or justice of county court not to
have partner in practice .... IGO
not to be security to any bond, when, &c. 43
not to be bail or security in a court,
except, &c. • • • • .... 453
%^ttormnent, by tenant to a stranger, void,
unless, &c. .... .... 377
AucTioxs, no person to exercise trade of auc-
tioneer without license .... 91, 92
licenses, blanks to be issued by the clerk 93
blanks to be delivered to the collector 92
issued under the seal of court, extent of 92
to be charged to and accounted for by
collector • . • • • • • • • • 92
to be granted by collector on applica-
tion, when • .... .... 92
rate of charges to be paid for • • • • 92
before granted, applicant to give bond
to the sta-e 93
money on, and duties to be included in
settlement of collector for license
money .... .... .... 94
auctioneer, may sell goods at auction room
without merchant's license ■ . . • 93
to pay same duty where they puichase,
as if sold to another • .... 93
to pay over duties to collector, may
retain same out of goods sold .. 94
to render on oath accounts according to
their bond • .... .... 94
to take from clerk a certificate, on
account rendered . • .... 94
to pay over amount of certificate to
collector • • .... .... 94
to be prosecuted on his bond, when,
effect of 94
clerk to indorse on bond of, when
conditions have been complied with 94
sales at, tax or duties to bs levied and
paid on . • .... .... 93
free of duty in what cases .. 93
duties to be paid on whole lot, where
part sold to fix the price .... 93
collector, his duties .... .... 94
^Auditor of Public Accounts, appointment • 21
term of service, office, where kept 21, GOG
fees of 271
may be removed from office by im-
peachment • • .... .... 19
duty in relation to property, a:c. escheated 247
Aidihr of Prnlic Accounts,
duty in relation to the revenue, (See
Revenue) 530 to 544
general powers and dutien, (Sec Trea-
sury Department) . • .605 to G12
Auditors, fees of .... .... .... 27X
Jlrowry in replevin, costs • • ■ • .... 128
.ySMwrf, how authenticated, confimied .... 71
how vacated, modified or corrected 72
(See Arbitrations) 70
BAIL, excessive not to be required 11,28
required of garnishee, when .... 78
of garnishee injustices' court 87
personating another in recognizance,
punishable • .... .... jgt)
for the prevention of offences, how
taken 472
in criminal cases v/hen and how to be
taken . • • ■ .... .... 474
after indictment, who may take 484
in prosecutions for misdemeanor before
J- P. 372
in detinue, Jiow taken ■ .... 224
on habeas corpus, when and how
taken 303, 304
under the habeas corpus act, by whom
taken 304
not required of insane persons • • 326
injustices' courts, when required in civil
cases 352
on stay of execution 363, 364
liability and remedy . • 364
in circuit courts, when required in civil
cases 452
proceedings bj'' and against 453
Bailing prisoner, before indictment, by what
officers 478
(See Habeas Corpus) . • 297
after indictment, by what officers • 484
Bailee, conversion by, with intent to steal,
pimishcd • .... .... I79
Bankruptcies, congress may establish uniform
laws, &c. • .... .... 4
Bank stock, how levied on and sold under exe-
cution • • . • .... .... 256
Banks, tax on, and how collected • • • • 529
one only to be incorporated, branches
and stock limited • • • .... 05
Banks Private, prohibited • • • • • • • • 95
issuing notes as a circulating medium,
pun.i&lied • • • . 96
penalty for passing such notes • 96
640
INDEX.
196
22::
203
208
2C8
Barratry^ definition and punishment • • . .
Bastards, may inherit from ths mother ....
in what cas"3 cleemod legitimated
Battery, (.^ee Assault iind Hratsry)
Bawdy /lovses, kssping of, how punished . • .
leasing a house for such purpose
who deemed a keeper of .... '^
lessee "of, on conviction, to forfeit
lease 208
Benefit of Clergy, not allowed 214
Betting and gaming declared unlawful .... 290
on certain gaming tables, punishment for 208
keeping certain gaming tables, punish-
ment .... .... ....
suffering them to be put
up in house . . .
keeping house for .... ....
leasing house for, and lease forfeited
who deemed keeper of such tables •
person betting, playing, &c. compe-
tent witness .... ....
■duty of judge or j\istice on knowledge
of gaming device kept, <L-c ...
! power of the officer charged with process
against ... .... ....
judge or justice to cause gaming tables
to be destro}'ed .... ....
(See Gaming) ... ....
Bigamy, defined .... ....
punishment of .... ....
where indictment may be fo(md &• tried
Billiard Tablsls, licenses, for keeping to be de-
livered to collector • . ....
to be granted by collector, tax on
collector to be charged with and to settle
for license • . .... ....
court to settle with collector, and certify
to auditor . .... ....
penalty for keeping without license
penalty forpermitting minor to play at
Bill in Chancery, (See Practice in Chancery)
Bill of items to be filed on suits before J. P.
when .... .... ....
Bill of Bights
Bills of Exceptions, in the county court, when
how taken in circuit court ....
in criminal cases, how taken • • • •
Bills of Exchange, acceptance of, to be in
writing and signed- . . •
on separate piece of paper, to
bind acceptor, when ■
207
208
208
208
208
208
209
209
209
290
205, 200
20.-)
20G
or.
9;;
96
97
97
97
50G
Sol
27
63
464
491
97
97
98
98
98
98
98
98
99.
99
99
185
Bills of Exchnnge,
when unconditional promise,
deemed, &.c. ... 97
wh It deemed a refusal to 97, 9^
r'ght of drawer on previous
promise to, not affected
destruction of, or refusal to re-
turn, deemed acceptance
damages, rates of, on bills negotiated and
protested ... .... ....
accepted tut not paid
notice of non-acceptance or non-
payment, as at common law
recovered only by the holder of
the bill
shall be recovered in what cases 98, 99
in lieu of interest up to time of
notice of non-paj'ment
rate of exchange not to be regarded,
if bill payable in money of U. S.
if bill payable in foreign currency,
rate of exchange to be regarded
forgery of
made on gamingconsideration, void 291
Boatmen*, contract of, how performed .... 9^
may be in writing, acknowledged,
<Stc. 99, 100
time of rendering on board to be
noted . .... ....
failure to reader on board, or misconduct
after, penalty .... ....
resj)onsible for injuries to vessel 4- cargo
ill treatment to, how redressed ....
sale of liquor, Sec. to, limited ....
committed to jail, fees for support t6 be
paid by whom . • ....
harboring or secreting, penalty . .
debts of, how and when recoverable
contracts against, antidated, void .
penalty on person, &c. in such case 101
proceedings by and against, regulated 101
when not to be sent on board .... 101
appeal allowed, its effect .... 101
contracts by, made out of this state,
when enforced . . . . 101, 102
Boats and Vessels, for what debts liable . . 102
suit against whom .... .... jog
complaint to be filed with clerk, &c. 102, 103
to specify demand, verified by
affidavit, &c. .... 103
100
100
100
100
101
101
101
101
101
INDEX.
641
Boats and P'esseh,
^■arraat to issns to s'i3',iff, S3;\-ice • 1 0"
ret-i-.ned, p-ocejclngs .... ] j.l
who may appe-ii-oiibe'itlfo'", in ' plsacl 19 '
coii:t may presrrihe inaninr of pls-idnj 10.7
may be releassrl by giving boii ', &c.. 103
judgmsnt against, to be sold as uiular
execution .... .... 103
jiulgment for plaiiitiff, esecntion ho-.v to
iss'.ie ... .... .... 10"
justice has jiirisdictron, when ..•• 10/
ho'.v to pronesd • . • • • • . T0.3
warrant, retirn, procse^liajs 103, lOJ
hnv serv'ed and retained ... 10!
ho'.v much of, to b3 sold • .... 10!
owu3r of, may have continuance . • 104
not allowed to plaintiS" • • • • 104
appsal aul writ of error to o.vner • . 104
limitation of suits against .... 104
fees of o.1icer5 • .••? .... 104
casting a-va}', &,c. with intent, Sec. IS''-
larcony comnrtts 1 in • • • .... 17:;
malicious] V ba.arug ... ••.• 18'
or destroy-tig or s::tt'ng adiift 18'
bu niiig in day or night • • • . 174, 17'«
overloading so as to diown, kc. nian-
slanghter .... .... 16J
bursting boiler, by n3g"g'^nce or ig-
norance, &c. .... .... IfiO
Bonds, talcan Trv exscators, 6.ic. aso'gaable • • • 4d
gBasraliy assignable • . • • • • lO.j
right of assgnsp, defence • • • • K).")
ass'gnor, when liabl3 ... .... lOJ
on gaming cousidsratitm, vo'd .... 2 ) 1
penal, pioceedings on, regulated • . 4.J0
oificial, in what maiuvs; r.c )r Is J 32J
of ex'is & adm'rs, condition, form 4 3, 43
to be reiro.dad, copies e.i(l.-nc8 43
hovv to be sued on .... 6i
of aujtioneers, condition .... 93
to be su3d on by whom . . Ii4
of auditoi of public account'., con-
dition • • • . .... GOG
secu ities to oe swoin . • 63')
to be recorded, <Si:c. • • • GOG
of clerks of courts, condition, how
approved . • • • • • 11^
to ba deposited wit!> secretary
ofs£-it3 lU
to be r3;od3:l by S3cretary,
copy a.'iden.e • • . • 113
of collsctors for St it3 taxes •.. 53G
where deposited Rerecorded 536
82
warden of psnitent'a'y, wher- ta
bs tilel • . .... ^.•]-;
of con'!tab'c=,'-a rl't'on, app -o nl ] 1 5
ho A' s le 1 on, r; jpv e 'i l^n:3 1 la
of CO •oa-' ■«, 1 3 bs taic3n, conlton,
c^--- n4
to be rfcird^'l as ;n cas3 of
slie inr 1-24
of co'uit7 f3asirer, g'-^cii, n.p-
pn f-N-^c. 143
of fervr li'epn-?', ho v takea, '■on-
dit'on 37.5
of g'arrli ms and caratar", hav
tnk^n, &c. ... . . }->,t, :)35
ofgnrdiansof insan3p3rsonsi,haw
t'k'n 3i'5
wherp d3pasit3d, cop\-,';vjden3e 3 M
of notaries pubii-, how giren • 417
to b3 ••-■.) d-d 418
of records-, whsre dap jsifd, how
s !°'! oil 515
of sP3-eti y of stats, cDilUon,
whs e d3Tos't3l .. a7\ .")73
of shj-iff-., ho.v takon, -oa Kto '.
&•■ 57'^, .-jSI
to bfi re ;Tri't| . .... r>S')
of treas I e , ho-.v takan, couditon 6 6
oat'' to !)! t:vk3n by n3.:u-
rit"e3 . . .... 'n^']
t-> b- -;■> ' ' 1 C, i.'i
of tru3:e3 of in>-o'.-snts st^t'-,
howtik'n, -oalrion 33)
w'et! fi'e ', pffecc of . 330
of dis-iniorpornte.l town di
of co-.i-.icts e3tat3 .• 503
of assss",o", conditian .... 531
reqjirel tn b3 tiken by la.v, cor-
ti.led oop es e riden -e . 331
Jo.VDs A\D NoTnp, paym3nt maj- hi pi. alrd in
art'on on . . .... .... 433
s'g!\3d by ths party shall import a con-
side -aton • • .... .... 104
ass'guabla, asi'gnes m ly su'". Sec. • 105
naturj of d fja-e not changsl by 105
when maker of, allowed to set off or
discount • • .... .... 105
assi^'i'^-r of, aftsr ass'gnmsnt not to re-
lea<:e 105
ass'ga-'e p;'t~ "'^S eitsr int^rent iii, than
his assignor had • • • . • • • • 105
notts^ fo ■ mjajy. «"hsn nfgoiiablc as aland
bills of exchange .... .... 10a
;2
INDEX.
<'oks,
payees and indorsee of, may suij malicrs
and indoiserp, when 10,3
pnj-ablo to order of maker or lictitoiis
person, if negotiated its effects • 10.5
assignee of, may sue the assignor in
\^hat cases .... 105
Books and Papers, of deceased, embezzled, how
recovered . . .... .... 46 47
of ofiicers resigning &.c. how delivery
compelled • .... .... 409
parties iu actions how compelled to
produce .... .... 462
in chancery how compelled, . . 510
Boone county, boundaries defined .... I33
-Boundaries, of the state established 15
of the several counties • • .... 132
Brands, (See Marks and Brands) 393
Breach of the peace, (See Justices' Courts, in
casss of breaches of the peace) ■ 37;2
-Snfc?-,!/, definition and punishment 17, ^8, 197 to :20U
of witness to prevent, his appearing,
&c. how punished .... \\)\ 192
of jurors, referees and arbi trators ] 9 >
attempt to commit, punishment 192, 19:)
for concealing felonies .... igg
of any oflicer of the state or any
comity .... ... 137^ -jjig
accepting bribe ... ... 197^19^
offering and receiving bribe in other
*=^^-* _• 198 to 230
Bkidges, when to bs built by the county ... 10.% ]0(i
b/ road districts • • ... iQ.i iQe
if estimated expense exceed $25, to Ije
built by the county .... 106
may be attached to, and kept in repair
hy road districts . • .... IQG
erected by the county, plan to be de-
termined on .... .... 10(3
commissioner for, his oath 10(i
contract for erecting, &c. how made lOfi
additional tax to be levied for, when lOfi
building of, to be let to lowest bidder lOo
bond fo:-, to be t ikan lOG
proceedings where half the exjjensD is
paid by individuals . . . lor, ll)7
over streams dividing countijs, how
made • .... .... jqj
biif the expense paid by sub-
scription, in such case how
erected . .... 107
repairs, how made by undertakers 107
Bridges,
other persons employed to repair, how
paid • . ....
commissione ■, not to be unde.taker
compensation of a commissioner, out
of couiitj' treasury •. ....
m:it3ria]s may be taken from adjoin-
ing lands ....
when compensaton to be allowed for
mataj-ials .... ....
burning of public or toll
maliciously destroying, hr.u ,H,n-
^^'^^'^ • 181,
Bringing property stolen in other states, pun-
ished an for larceny • ....
former conviction to he n bar
Brothers nnd sistrn', and their descenrhu^;-,
when and in wha' shares to iiilie,it
under law of descents ,. . . -'•>■>
of father when nnd ho v to inherit
of mother when and how to inherit
other rules as to their inhciitiji^ti .
marriages between, incesiooui' i, vmri
Bai/.Dixf/F, persons erect'og of furnishing mate-
rials to have a lien . . . 107
accoun's tn be filed with clerk, &c.
proceedmgs nga'npt, "subject to lien
duty of clerk, his fees ....
how subject to execution on suits in the
ordinary way .... ....
when execution to issue against property
charged .... ....
proceedings against, may be had by
scire facias • • • • ... IQ^
scire facias how served
duratioH of lien • - ....
satisfaction to be acknowledged when
to be re-t'fled and filed with
clerk, ho-.v entered
failing to acknowledge', amount of lien
forfeited
extent of Ten on adjo'n'ng land . .
for countj purpose-^, how erected 147,
not parcel of dwelling house, burn-
ing, &c. .. 171^
Burglari;, in the first degree • • ....
in the second degree • • • 175
in the third degree . . ....
breaking out of dwelling house, or
breaking iiuier door ....
punishment for different degrees of
107
107
107
107
107
175
183
212
32.3
223
2i?3
223
•10 1
108
108
108
108
108
108
109
109
199
109
109
109
109
148
175
175
176
17 G
17G
176
INDEX.
613
Burglary,
larceny and biKglary when comm;tt2d
at sain«i"me, how punished • 177
Burning, inhab.ted ilwelliiig liouse in niglittinie 174
ill dny tiin3 171
other hiiild'n'", shop, ware-housp, &(;.
in the nig it time • • .... ]74
ill da^'' t'me .... 174
houws, siiops, Otc. ins'.ii-ed .... 17-3
stacks of ginin, hi}', &,c. .... 17 >
hr fig-i';, toll n.- piihlic • .... 17.)
grain, gf.issgo.v i'^ . . 17.'>
f.iiit trees, f:'ii ;es, &:c. .... ]7.'>
Bushel, staiidar 1 ddfinad • • • • • • • • G' G
Buying or receiving stolen p.opeiiy .... 18il
Buying and xelliag, offices, deputations, &-c.
punished • • • ■ .... 200
giving or agreeing to give money or
property for such offices .... 200
By-laws, of towns, how to l>e made, &:c. .... GO 2
to Ije pulilished • • G02, GO -
;ALLAWAY county, boundaries delined 133
Canoe, wilfully burning, destioying, or sdtiing
adrift • 18'
Canals, (?ee road and canal fi;ud) .... 5.')^
Canee/?(7to- mo.tgTges .... .... 410
Cape Girardeau County, hoaiidaries defined 13"
Capias ad refpundcKduin, w'tten issued against
garnisliee .... .... 78, 87
in detinue, how issued, ]).o::e8dings
ihereou .... .... 221
when issued by ju.^tice of tha peace in
civil actions .... .... S19
in ci."il actions mcoarls of record, reg-
ulated • • • • • • • • 450
Capital criirw.s, slaves convicted of, to be pun-
ished as white persmis .... 10
prosecutions for, to be by indctnisnt 11, 23
accussd to have a list of ju.o.s, copy
ofiiidi'-tment and comisel .... 4S">
]).'.tinpto-ychall3ng^ of accusod, liin;t?fl 480
5 2!t
17il
Carriages, W^i lor pleasure, t ixed • • • •
Carriers, embezzlement bj, how punished • •
Crtr^oM, bu.iiiiigof, 10 defiMud insu.-er • • • •
Carroll C'ou/t^'., boun'iaries defined ....
Casp, a-itioiis o:i, witiiiiiwiiat t me Vi be b:0 ig'it
Cuttlf, m:d!ciousIy and crui-l.v lo kil!, niaiin,
beat, &c. punishment •• 18
administering poisou to, or exposing
po son with intent, iSk^c. •••■ 18!
altering mark or brand of, with intent
to steal, &c. .... .... 17b
13."?
SD4
2"()
Cdtle,
trespassing, owners liable for damage,
whsa . ?11
persons killing, &c. to j^:<y double dam-
ages, &c. when • • • .... 3!2
marks and brands of, regulated • • • 393
rSoe I\I irks and Bran;!?) 3D8
killed in the woods, &:c. hide with the
ears to be shown . • .... 399
Causes Cicil, proceedings in regulated • • 450, 518
(See Practice at Law, and Sup.
Court) .. 450,518
before justicesof the peace, proceedings 347
(;'ee .7 usticcs' Courts) .... 347
(See Action?)
Causes Criminal, proceedings in, regulated • 471
(>"ee Practice kc. in criminal cases) 471
Causc-u-ays, how made and kept in repair • • 544
(^ee Uoad'O • • • 544
Census, United .States, to be taken ever}' ten years 2
Ftate, to be taken every fourth year 16
how to be tiiken, and by what officer 109, 110
when and how taken, & return 110
time allowed for taking, compensation
for, penalty for failure .... HO
account?, how adjusted and paid •• 110
Ce rii/jrari , costs on, in superior court .... 129
in cases of forcible entry and detainer,
regulated • • 2S0, 2Sl
Challenge, of grand jurors, when, how ■ • ■ ■ 479
of jurors in criminal cases limited • 480
in civil and criminal cases per-
emptor}' • • • .... 343
for cause .... 490
for cause, how tried • 49"^
to fight a duel, or semling or bearing,
penalty • • • • • • • • 202
posting another for not sending or ac-
cepting, j)enalty • • .... 202
Chancery, courts, may be established .... 23, 32
jurisdiction vested in supreme and cir-
cuit courts .... . 155, 23, 32
costsin su'ts in, regu'ated .... 130
proceedings in granting injunctiors,
&,c. r.-gulated • • 313, 314
proceedings in granting and dissolving
jie exeat .... .... 41 1
pract'ce in, regulated • .... 50S
Chancery proceeding", ("ee Practice in Chancery) 5UG
Change of venue, in civil cases • .... 614
in criminal cases, (See Practice and
Proceedings in criminal cases) •• 481
C^a/vYow Cotw/,)/, boundaries defined ■• 133,131
644
! i\ D E X.
C/jarje: n g'an'l ji'->T, 'Intv of co'.ut in ••• 45'
( '«(! Gi'nn I Jii.io )
C'lutieJ', ("es Goadhsanl Ch"f-ls)
b,;ru!ii^ of, when i.ts i er', ire. pnuishscl ]7')
eithsr in tie flay ornght ]7'>
slav3s, cbcbrsd to ba . .... .583
Cheati ig, bv f ()s3 pjetsan?, nunwhetl 18)
by f.i]s3p'srs)iiU"nK aiDtho,- .... 18)
Child, bo.a aftar imkiiig wjj to have r.hara of
e;Uit3 • .... .... (523
iin'.oii rinfl qni ■!<, killitg it by a^siii.'t,
etc. o 1 t'le rnEhei- . .... |(]g
rau3 upon, nalertaa yjv.s ofiig', h )\v
paa'sheJ .... .... 17:)
ua-l3.- 1 }, saticing awny ] 7 j
unrhr '^, exposing, to abandon .... I7 >
abo-tioii of, byadmiiHstpring flrngp, &r;. 172
aci:nini-;t 'i-aiginadioins to dastioy quick
<-h-l ', iinnslaug'nsi- .. )(J8, IfiT
C/i(n/r'/,|i')'r!Ti>)o;i ■, t) :a'i3it as othvs • • 2]."
o:"nia;-i:i^;fl';iri]l in 1-nv, ]e,i't'mited '2>.'5
b.isi.anl:- iiriv ia:u.-:t fnj:nf,3 niot'ier -2 2.1
]ng't:'nu^l by iiitj.-inaTiage of
pi-^ati .... .... o V;
ad -a 1. -en -at mi !h t ), tJ b3 b.oa^'it
iiujiiotj:) p )t . • . •• .... Oj-i
135't'nij -y not 1 f . :t, ;H by flj „ ..g . 0 v;
11 )t pro id; 1 f ).■ ia will of parent, to
ia'i3r t a? if i.if5'it:it3 .... (jj!
oa d'.-o-,-- of pa.vnt^', provis'oa t") bs
mvlj f)i- .... .... Oj/j
on divo a of m Jt'ier, propjrty to rercrt
to h3r and .... .... OJg
of poor ps soiis, of druaka.ds, &c. to
b3 boLind oat .... .... (]j
vag'-anf, toba bo.yid apprsatices 61:^, G14
C/r7/ii-, ja liciai, estaiillshsd .. ^f", IG.'- 1G4
t iRCoiT A-r-ninxrv, ho.v appointed, his rcsidenc-e,
and d.u'cs .... .... gj
to eafo.ve sstilemant of adinin'strators
vvime tha.-e a e no known heirs . 247
to iast t-its and pros3cate s.iits for
* es,vi:iatpd estates . . . . 217, 24o
to prossi-aue cha g.is r-gainst clerks 1 i :i
to p/o'-c.-nte salt" ior school monies 5(Ja
in cusj of sickagss, absence, <Stc. ap-
pointment/jroi«?z. - .... S'.)
bisfjes 80
fees, regulated . . 2S,2, 2b5
salaries . . 5jj
to p.osjcnle fjrry keepers on tlieir bond 27(j
CircuU Courts, establ.slied, jurisdiction,
<S^c. . . .23, 32, 15i>l
C r :dl C r r';
jarisd ct'on in law and eqii'ty . 2?, .33, 155
tarms of, when and whore to be
holdea .. 16.'', 164
coiitsmpts to, how' punished .. HW, 161
Cirnn't Juigrs, to be appointed, (See Judges) 23
Citation., to next of k'n to accept or refuse ad-
ministration .... .... 42
for exe;:ito:s or administrators to make
settlement .... .... 58
Citisr'as, of thy S3 .'eral statc=!, privilege in each
Civil tuitions, not mergad in relony .... 215
proceedings in, regulated, (?ee Finc-
tice at Law) .... .... 4.50
before justices of the peace • 347
limltatic n < f .... . . • . 3!'2
process in, not to be served on Sunday U25
(See title Action^-)
Civil or Military Officers, compensation for ser-
vices pe.fornieil by illegal orders of,
how racovered . • . • .... 110
Clai/ Cmntv, boundaries defined .... 134
Claim;, to property; attached, how tried ... 50
in r^plev'iii, how tvied .... 527
levied on by execution, how tried 257
levied on by constable 367
Cle o-v, benefit of, not allowed incriminal cases 214
Chrg^^men, iael^g-ble to the legislature, or to be
appo'nted to offices of profit • . • 17
exempt from serving on juries .... 343
may solemnize marriage, when • • • 4U1
penalty for solenniiz'ng marriages in
certain cases .... .... 207
Clerics of courts, to be electsd by the qualified
voters of tlieir count. cs • . • • 111
tenure of theiroHice . . ' ' ' " , 34
when to enter on discharge of their duties 111
vacancies, how filled • •• 111,112
order of court for election to fill vacan-
cies •• 112
vacancy, vrhen to be filled at regular
elections .... .... 112
elections for, how conducted, in case of
a tie, how determined • • • • 112
who not eligible • • • • • • • • 112
to give bond, its conditions • . • . 112
certificate of election, and bond where
fib! 112
certificate of election, and oath of office
endorsed, to be recorded . • • • 112
when new bond may be required • • 112
failing to give, new clerk appointed 112
bond to be recorded by secretary of
I X D E X.
64^
ClerJcs of Cj rt",
St ite, copies evid^n^e- .... 112
top/o\irle a id keep books, sea!, &c.
liow paid for . . 112, 113
offioes vvhe.e to bs kept .... 113
in c;isssof in/asion, li,;:. mny reiaove
rcro.ds, papes, iv. .... 1 !3
duties prescribed •••• ■••. 110
may appoint Haputies, their oit!i, qual-
ifications, vStc. ••.. .... 113
misdeineanoi- in oSijp, what daemed 11. "i
proceelings for, regulate:! 113, 111
in case of death, resgnatioa, &:. pa-
pers, &,c. hivv disposed of • • • • 11-i
in case of resignation, death, &,c. ac-
co.int of tno:i3y', t:. t > bi ron.la/ed 1 '4
payment of balances may be en-
forced by attacliuieat .... 114
shall reside in the comity • • • • 114
may be removed from oflice by indict-
ment • • • • • • • • • 114
to account for moneys accru'ng t ) coun-
ties • • • .... .... 151
to keep dockets of judg n mts, Sec. • 341
to account fir moneys accruing to the
state • • 537
not to be taken as security in any bond
undt,'r t'le administration law ... 43
to perform certain duties after adjourn-
ment of each term • .. 157,158
Clerks, of circuit cou.ts, fees regulated • . 26G, 267
in supreme court 265, 2L>6
in chancery • . 267, 268
election, bond, duties, <S:c. ( >ee Clerks
of Courts) • • • • • • • • 111
to keep dockets of cases in circuit court 471
how made out .... 471
in chancery • .... 511
ex officio clerks of supreme court (See
clerks of courts) • . • . • • • 111
ex oriicio, recorder, (See Recorders) 524
to receive and distribute laws, jour-
nals, &c. 382
Clerks of county courts, fees regulated, for busi-
ness of estates, &c. • •• 264,265
for county business • • 26o to 265
election, bond, dut.es, removal, <Si:c.
( ee cle.ks of oon.l^) .... Ill
not to lie executor or administrator 41
tog ant letters testamentary, ■x.c. in va-
cat on .... .... 4J
to rjcord bonds, letters, kc. of execu-
tors and administrators .... 43
Clsrhs of Cmntij Courtu,
not to fleliver letters beiore recorded,
penalty . . . ; . 43
to make deeds, when real estate sold to
pay debts and administrator. Sec. is
purchasjr .... .... 53
to k32p abstract of judgments filed and
dcMiands established against estates 57
to keep dojket of executors and ad-
ministrators, and terms of settlement 57
to put up list in his o.Txe 57
may r<ceive schedule of, and discharge
insolvents .... .... 328
to issue auction license, and s,?ttle with
au-tioneers • • . • • . • . 93, 94
to isnie license for keeping billiard ta-
bles • . 96
for ke;'ping ferries .• 275
for merchants .... 403
for gro -ers .... 21)2
for pidlers • • • ■ 427
of clocks • • • • 427
for Mins and taverns 316, 317
to take bond from canstable .... 116
to keep accounts of the county, how 151 to 153
to keep files of accounts & vouchers 151,152
to s'gn warrants and keep abstracts 152
dut es relating to elections ( :ee Elec-
tions) 238
of justices of the peace • 344, 345
ff electors of president •••• 245
of county court justices • • 156
duties relating to res'guations, dock-
ets, kc. of justices • • • • • 445
duties lelatng to tax list &: appeals 533, 534
to account for moneys accruing to state
for fines, Sec .... .... 537
duties and compensation in relation to
school lunds • • • • • • • • 561
(:'ee S'chools and ft'chool Land.^) 561
Clerk, who may be bound, how and by whom,
(See Apprentice) • • .... 67
cmbe/jziement by, how punished • • 176
to be employed at sales of executors or
administrators .... .... 49
Clerks of supremo court, who to be • • 111
fees of • • 2G5, 266
C/m^n cownfr, boundaries defined •••• 134
CockJighUng on Luiiday, liow punished • • 2^9
Coi/i, may be taken in execution • • • ■ 256
power of congitss to regulate • • 4
power concerning witlidruwn fiom tiie
states • • • • • • • • ^
64(>
INDEX.
ponnterf^'t'ng, &,c. • • 184
bring 11^ into the state .or having pos-
session, counterfeit, &c. • • • • 18G
offsring to r.ell or ex::hange cOLinter-
feit, i-c 18G
clip, scale, lighten, or dlminiih, pun-
ishment .... .... 188
buying, sellin?, delivering, &c. tools
for coining .... .... ]8D
C'llc cmmti/, bonhdaries defined .... I'M
Collectors, sheriff to be, ex-officio 53G
ma}' appoint deputy . . .... 53G
his diu'e<! frenerally, (see Collection
of the Revenue,) . . .... .53.5
to make settlement at eacli term of
county court .... .... 15]
duty of, in eujoic'pg payment of the
laiid tax . . . ; 541
to pay coiuity tax into county treasury,
when . 540
to collect fines, forfeitures, penalties,
&c. in the hands ofoflicers • ■ • • 537
to pay over state tax, when .... 53J
their compensation • • .... 539
CoUegex, wilfully burning, punished how . . 174
Commission to take depositions, (see Deposi-
tions,) . • .... .... Olf)
Commander in Chief, governor to be .... OQ -3I
Commencement of suit^, 'n c'lTcmt cowt 449, 450
in couiily court for demands against
estates 55, 56
in justices' courts .. .... 345
Commissioner for removal of seats of justice,
their duiies .... .. 143 ^44
to convey real est its for t!ie county 14 >
for erecting public bridge 10(J
Commissioners, in chan ery, nppoiitm 'iir. o:uh.
and duties .... .... -ji 1
po.v-. ^,j,.) .^.-i.ii^s 512
Commissioner?, to be appointed to make paru- ' "
tion, their f.-es ■• ••423, 426
vacancies, how filled • 4 26
to set apart, or admeasue do.ver 230, 232
their fees, how taxed and paid 232
Co7r77rw;e offen :e°, governor may, when, how 216
Commitment, for bailable offen^-es amount of
bail to be enflorsed • . .... 477
(ee Practice in Criminal Cases) 474
Common law de^-lared in force, limitation as to
crimes . .... .... 378
Common Schools • .... .... 562
Comvion School fimd, (see f?chool and School
Lan Is and Re.oniie) . . 544, 563
Compensation of members ui general assembly
an! o.Ticers .... .... 39 j
of collectors of revenue .... 539
of commissioner of seat of government 115
ofasE3ssors 535
/)f warden of penitentiary .... 44O
of executors and administrators •• 61
of officers, guards, &c. of penitentiary 440
(See Fees, Salaries,) . . 262, 555
Comjiounding offrnres, ngreetncnt for ■• 192,193
conviction of original offender need not
be proved .... .... 193
Co/tceaZmg- 0^1' nre.', agreement for, how punished 193
the fact of nvs-mark=ng or killing
cattle, &,c. in the woods, penalty 399
Confession of fwlgment.-, . . .... 451
lalsjly to reprc-nt or po.sonate
another in • • • ■ .... 189
Congress, composed of senate and house of
representatives . . 1
election, qualification of members • 2
compensation, privilege, and incapaci-
ties of members • . .... 3
proceedings on revenue and other bills 3
joint lesoluticns and orders 3
power delegated . • .... 4
limited and restricted • 4, 5
representatives in, when to be chosen 243
vacancies, how filled • 2
senators in, when &l how to be chosen 2, 578
vacai>cies in, how filled . 2, 578
laws of, how to be distributed .• 592
Consolidating causes, .... .... 455
Conrpiracy defined, punishment • .... 204
those mit enumerated not punishable 204
to ra"se rebellion or inburrection, bond
or free . 1 C!j
act to be done in certain cases, to con-
stitute • .... .... 204
proof to sustain indictment for, in cer-
tain ca^is .... .... 49]
CoxsT.iBLF.s, how cl-^cted, crmtestad ele-tions,
or a tie, liow determined .... 116
bond to be gven and approved, how 116
vacancies, how filled, bond, &c. to be
given .. .... iiG
bond to be filed witli clerk .... Hf
how sued Oil, copy evidence, limi-
ta't'on .... .... lie
may appoint deputies, liable for their
conduct .... .... 11
INDEX
'onstables,
withholding rnonsy collected may be
removed iVom office • .... ll(j
what process they m:iy serve throughout
the comity .... .... u^j
failing to pay money collected o.- return
execution, penalty . ••117, .3G8
pro. leadings in such cases 117, 368
town-^hipa divided, to coat nue in t'ae
townsh'p of his residence • • • • I '7
may be compelled by attar-hnv'nt to pay
over money and return writs and
process issued f,om cou/t 158, 151)
fees of regulate;! • • • • .... -27 '.
duty in service of attachments •• 84, 8."»
to render ac>-o nits an 1 pay over
fines coUectsd • .... 1.50
proceedings against on failing to pay
over money into county treasury 151
to attend elections, his duty .... 24]
duty in attending to election of J. P. in
the township .... .... 34-,
to summons juries, & attend inqimsts 320, 32[
failing to serve process o.- making false
return . 353
authorized to receive money on judg-
ments of J. P. . . 3(i7^ 36g
may serve process and iiold trials of
forcible entry and detain3r -278, 271
to summon jury to try righi of property
claiined .... .... 357
duty of, in reference to insane persons SiiH
to pay to cointy treasure.-, tines col-
lected from witnesses and ju "rs 357, 3(51
ta s-?ttle at each term of couit, for fin 3s,
penalt'es, &c. rpceived . • . . 537
'^OMMISSIO.VER OF SkaT OF government AND
Pe.mtentiarv, •••• .... 114
of the penitentiary, his duty to super-
intend its completion .... 114
to report his official acts to the
legislature • • .... I15
of the seat of government, his duty in
reference to public buildings and
furniture ... ....
to prose uiie and defend suits for inji;-
ries to public property ....
when to call upon attorney general for
ad /ice .... ....
to provide fuel, furniture and other
articles for the legislature ....
to contract for and supoJnt.md con-
struction of public buildings
115
115
115
115
115
647
Cjmmimoner of srat nf government
shall iieop ac.-ur ite accounts and settle
with auditor qua.t^rly .... ] 15
penalty on fail ng to p-rfo m his duties 115
shall make an inventory of, an! deliver
property and papers of the state
t3 his succi-ssor & take his re -eipt 115
shall rep nt his oihcial acts to hgslature 115
when to enter on dis:ha;g- of his duties 115
his co:npeu.-.ition . . .... jjj
"oxsTiTUTio.v of the U.dt,d Slates, and mneiid-
"'^"'"^ 1,10
gua:-nnrpp of republican forms to the
'^'""^ 8
do-lare I to h ■ tVio sipreuie law . . 9
of Hit stale nf Mixou i\ nn j amend-
^'^"fs • 15,33,33
d.ilnnpf, committed before court of record,
what shall he, how pun'shsd 161, 161
when may he i.rllctcd for same
contempt • • . • .... jgj
towards J. P. how pun 'shed . 346
in refusing to obey w rit of habeas corpun
in certain cases • • .... 333
practicing as attorney without license
punished as for .... .... gg
in breach of disobedience of injunction 314
before arbitrators and referees • 71
in presence of ciiher house of gen.ral
assembly, on joint meeting .... 18
Contested ekelion of governor and lieutenant
governo", regulate i .... 2} 'Hi
of senators and representatives . 2i2
of sheriffs to be before circuit court 22, 242
of electors of president &. vice president 245
ofconstablesdeterm'ned by county court 116
of justice of the p2:ice determined by
county court .... .... 345
Cj/itingeut Expenses of supreme court, hnw
audited and paid . . .... 161
ol'circuit and county court to be audited,
and paid out of county treasury 161
of clerks of court, how paid, <fcc. . 112
of general assembly, how adjusted and
Pfii'J 391
of secretary of state where to be settled 573
as librarian . 592
Contracts and Promtses,
must be in writing to charge executor or
administrator out of his own estate 117
to cliarge any person for t'lo
debt, defaidc, or mis.-arriage
of another •• ••.• 117
(i48
INDEX.
Contract? and Promises^
upon agreemstita in con-
side .aion of marr'ags 117
upon an nges;ii3.it not to be pei-
fonned within a year • ll7
when to bs in w/'t'ng /or sale of goods,
&.C. unless part be acceptsd or
earnest paid . . 11 7, ] 1 ;^
sarawl affixed to writing'- equiva-
lent to a seal, w'nea • . lit'
joint by common law, to be con-
strued to be joint and several 118
when joint, to survive ag-iinst
heirs, ex'rs and adm'rs . . 118
suits may be brought on jo'nt obliga-
tions for jo'nt assumptions of co-
partners, against one or more so
liable ... 118
foLUuIed on gnming considerations void 291
how affected by insolvents' dii-
c!iarge . . 332, 333
of insane persons, &c. not binding
witiiout consent of parties • 326
Contracts, law impairing obligations of, not to
be passed .... .... ."i 28
when required to be in writing or
earnest given .... . . 1 1 7, 1 ] 8
scrawl affixed to, equivalent to a se;i],
when . ]ly
joint, declared joint and several . . 118
of apprenticeship", how made and re-
gulated 67, 68
of boatmen, to be specifically' per-
foime I, ho.v en orcerl .... 9:), IflO
s . for conveyance of Ian I?, may b3 en-
forced against i-x'r or a !m'r .S'', '>4
to ex'r or ad m ■., how enforced 54
how madj by and with coaaties, tlieir
effect .... . . 142, 14"
made on gaming consJderat'nn, void 231
by insane persons nut binding unless
■by consrr.t of guardian .... 326
marringa, to be saaled, acknowledged,
&,c. (s2e,Marriag3 Contracts) . 400
Continuance, may bs g-ai>ted in criminal
cases • • . . 484, 401
of causes, in courts of laws, regulated 46 2
in coirts of chancer/ • • 51 '
in sup. court . .... 4(';o
in jusrices' courts • • . . 35'>
in CO inty courts .... 452
in cases of administrat'on 5"
befoie arbitrators & referees 71, 74
CoxvEVAXcrp, operation of, to use trusts, i-c. • 119
tile te m "heirs" in, not necessary to
creat? f.'e slni.ili esiita ••.. 119
of real estita, whit est its shall pass 119
tit e acquii^d by grantor after conrey-
ance, ennres tog antee 1 J9
of estates held ad rersely, valid .. 119
entails not allowed, rainind.ir in fee
simple to whom it shall pass ... 119
"grant, bargain, sell," effjct of the
words . . J 19, 120
held' by tenancy in common, when, un-
less express2d to be a joint tenancy 119
. acknowledgment or proof, when taken
in this state, before what court or officer 120
if without this state, and within
U. S. or territories .... 120
if within the United States 120
certificate of acknowledgment or proof,
and relinquishment of dower to be
endorsed by .... .... 139
acknowledgment or proof, if taken by
the court, how certified .... 120
if taken by the cle.k .... 120
when granted by an officer who
has a seal of office .... 120
when g anted by an officer who
has no seal of office .... 120
acknowledgment to be taken upon what
proof . . 120
how to be ceitfied .... 121
proof of, how taken, to be by the testi-
mony of suhsiribing witness .... 121
how taken when subscribing wit-
nesses are dead or caimot he
had .... .... 121
witness must lie known to court
or officer, or proved by two
credible witn°ss3s .... 12^
on what proof, certifi ate to be granted 121
what shall be set fo th in such certifi-
cate ... .... .... 121
proof by evidence of hand-writing of
par'y or subscr bing witness, when to
be taken .... ....
on what testimon}-, certificate of such
proof to be made . . ....
what shall be set forth in such
certificate • • . ....
witnesses residing in the country, may
bo summoned to prove execution, &.c
relinquishment of douer, before whom,
and how taken andcertified . . •
121
121
123
123
123
I IN' D E X .
649
Conveyances,
by married woman, of her real estate ■••• 122
effect and extent of her covenant .... 122
acknowledgement taken, by what court 122, 123
not to be taken, unlessknown or proved, Sec. 123
what shall be set forth in the certificate 123
to be recorded, when, where, and effect • • 123
power of attorney for executing • • 133
revocation of, how made . • 123
recorded may be read in evidence .... 123
not conclusive, evidence, <SL'C. • . • • 121
copy evidence, on proof of loss .... 124
construction of the terra " real estate" • . 124
contracts for, how enforced againstex'r oradm'r 53, 54
when made with cx'r. or adm'r . • 54
of real estate when sold by ex*r or adm'r . 53
by, and to counties, their effect .... 142
fraudulent, declared void . . • . 283, 284
parties & privies to, to defraud, &c. 180, 181
personating in acknowledgmg execution of 189
of land sold under execution . • .... 259
in trust for use of gi-antor, void, &.c. .... 283
with intent to defraud creditors, &c. • • . • 283
of chattels, not on valuable consideration void,
unless, &c. 283
subsequent purchasers protected 283
leases, when required to be in writing • • • • 234
assignment or surrender of leases to be in writing 284
declaration of trusts to be in writing, &c. 283
made on gaming consideration, void .... 291
decrees concerning, to be recorded .• 341, 342
for lands, sold foreclosing mortgage .... 410
(See Executions) . . .... 259
sold by commissioners for partition 425
sold for taxes by collector, kc. • ■ 543
in what manner to be recorded • . 525, 526
abstracts to be made by recorder • . > • 533
to^\-n plats acknowled2:cd, i-c. operate as . 599
by the hu&band no bar to dower .... 228
to be made to occupying claimants, when • 236
by guardian of insane person, when .... 325
Conviction, not to work corruption of blood • 28
of principals, not necGEsar)', wlien .... 180
for offences of different degrees .... 214
for two or more offences, effect of • . • • ~13
second for like offence • • • • • • 21~, 213
tax on, in criminal cases • • • .... .)3"
of burglary and larceny, how punished 176, 3 ( /
Conrtct?, attemptidg to escape .• •• 195, Uo
escaping, may be retaken • • • • •
from state prison . . . . ■
when in custody going to jail • ■ •
aiding escapes of felons and other*
83
Convicts,
(See Crimes and Punishments) 191 to 196
punishment for injnries to the person of • 214
of other states, how punished, for same offence 213
sentenced to state prisor, effect of .... 214
forfeiture of estates of, abolished .... 214
certain minor, to bs sentenced to county jail 214
detained for fine and costs, how discharged, 355
poor prisoners how provided for .... 356
property of, bound for support of .... 335
to have certain liberties except felons • • 336
(See Prisoners.)
Cooper County, boundaries defined • • . • 134
Coparceners, may have actions of account • • 37
may compel partition of lands .... 422
Coroner, term of service, vacancy • • • . • 22
his duties, to take oath and give bond • • 124
his fees 269
to pay over moneys, re+urn writs, <S;c. 158, 159
to take inquests, <S:c. proceedings • • 320, 321
duty in reference to insane persons .... 323
Corporations, how sued, process, service, return 125
notices, orders, rules, &c. in suits against •
publication, if process not served • • • •
execution against upon what to be levied •
attachment against when, how executed •
125
125
126
126
350, 353
128
196
195
195
195
effect of, and what goods, &c. bo^md by 136
proceedings against garnishee • * • * *
to be credited for payments • • • • ^-o
when other writs may issue, surplus money,
136
how disposed of • • • • * * * '
dissolution of, how affair^ settled • • 126, 127
Costs, security for, in co.irts of record, when 127, 128
to be given after suit connnenced, when 128
injustices' court, i^hen
who may sue as a pf^^' pei'scn •
when clev'^ ^^ i®®^^^ ^^^^ without tax or fees 123
when plaip-ffsh^ll "recover 128
when -A-'fendant shall recover •• 123
ip actions of replevin • * ' ' -^-^
onjudgment on demurrer •• •• 128,129
where there are several pleas, <S:c.
where there are several counts, ^c.
several defendants in tort, some acqur
on srirefiicias, prohibition, &c.
in all actions of trespass
may be recovered in discretion of court, when 129
in suits in justices' jurisdiction, brought^ in
circuit court • • • •
on certiorari prosecuted . • • • • * ' *
on appeals from county court or justice of the
peace .... ....
on judijment in favor of appsUant
129
129
tted 129
129
129
. 129, 348
129
129, 130
139
^50
I JN D E X.
CosfSf
judgment affirmed with, when ....
on writs of error and appeal • ....
in chancery causes, generally • ■ • .
in action by the state or to the use of the state
or any county .... ....
in partition of lands .... ....
in actions by one person to the use of another
bills of, to be taxed by clerks . . 130, 1.31
to be paid by plaintiff after tender made . 131
may be re-taxed, how .... .... 13J
may be re-taxed by supreme court, when • 131
attending such correction, by whom paid . 131
either party may have execution for 131
how collected before final judgment 131
how recovered against security, attorney, or
person for whose use, &c. . .... 23J
attornies liable for, when 131 13-2
on exceptions, pleas, &c. in chancery . . 508
in actions against executors, &c. 54
by whom paid on citation to compel executors,
&C. to settle . . .... .... rr
on issues of waste, &c. .... go
on complaints of masters against ap-
prentices 68, 69
for harboring, concealing or en-
ticing apprentice, <S;c. . . 69
in cases of arbitrators and referees 7,2, 73, 74
on attachment against absent debtors between '
plaintiff and gM-nishee . ,. .... 79
in case of ih^erpleader 80
in actions for assignment of dower, &c. . . 230
on proceedings of inquiry of lunacy .... 30^
on actions unnecessarily multiplied .... 46*7
on arrest of judgment, amendments, &c. . 470
on mformation in nature ,f q,^ ^^^,.^„^„ ^^^
prosecutor to pay on return ot -^dictment, when 481
on prosecutions for trespass, v^ble for 373, 374
to be paid by state or county, how ac.j.,sted 274
ofproceedings against fugitives from justice 089 '>90
under the habeas corpus act ' ^go
in compelling party to enter satisfaction of
judgment or decree
when to be paid by prosecutor, in cases of ' I
breach of the peace, when by tlie county 373, 374 |
by defendant in such cases, how recovered 374
prosecutor against fugitives to give security for 039
prisoner detained for, how discharged . . 335
in criminal cases, before and after conviction,
how paid ....
property of prisoner bound for 335
Ccmmd, party accused to be allowed 27 08 4qn
to be aligned to poor per.ou, . . ' lag
Counsel,
to persons charged with crimes, when 485
Counsellors, (see Attornies at Law) 89
CoMrt^e//ei7»i^, power of congress to punish . 4
(See Crimes and Punishments,) 183 to 190
Bounty Boumdaries defined . . . . 132 to 141
territory not organized, attached, .^-c. . . 141
bounded by water courses, how construed 141
range, lines, &c, how miderstood 141
lines of, not special, how ascertained • . • • 141
adjoining county to be notified . • 141
line to be run and marked, proceedings 141
fees for how paid • • . . 141, 142
Counties, conveyances, by or to, how made 142
contracts with, binding, how sued on . . 143, 143
power to make, and eflect • . . • 143
actions, by and against, regulated .... 143
re??io!'aZ of seats of justice .. .... 143
on petition, fcc. commissioners appointed 144
commissioners, meeting, qualification, &c. • • 144
may adjourn, until majority meet . . 144
to take oath, select site, <^c. .... I44
may purchase or receive donations of land 144
duty when a town site is selected • • 145
deed and abstract of title to be delivered to 144
compensation of .... I45
to repoi-t proceedings to circuit court 145
vacancy of, how filled . .... I45
of seat of justice to be appointed • • 145
proceedings of circuit and county court . . 145
election, when, to determine on the site • • 145
notice of, when and how given • . 145
how held and conducted 145
votes to be cast up by the court 145
purchase money, how paid • . .... 145
new selection to be made 145
courts to be held at new seat, when . . 145, 146
owner of lots at old seat may relinquish, how 146
relinquishment to be examined, by whom • 146
if approved, proceedings .... 145
proceedings of court, &c I4g
by a minor, how 245
relinquished lots, conveyed to donor .... 146
improvements may be removed • 146
to county to be sold .... 147
purchased to use of county to be sold 146
after scat of justice fixed, how removed, &c. I47
on petition for removal, proceedings . . 147
CouNTv Buildings, court house & jail to be erected 147
when fire proof clerks' offices .... 147
to be erected by order of court, when I47 143
placo for, how designated . . 248
superintendent of, to U appointed .... 143
I NDEX.
dfli
County Buildings,
to purchase ground to build on • . 148
purchase reported to circuit court • • 148
to be certified to county court, if approved 148
purchase money, how paid .... 148
plans and estimates to be prepared .... 148
advertisement for proposals published .... 148
undertaker to give bond .... .... 148
work and materials to be inspected .... 143
pa5'ments to undertaker, when .... 148
compensation of superintendent .... 143
alterations and repairs of . • .... 149
trespass, waste, &c. penalty for • • . • 149
wilfully burning or destroying • . • • 174
County Court, to consist of three judges, to be
elected, their term of service • • 155, 156
qualification of, to be commissioned 155
oath of office, certificate of, to be endorsed 155
elecitons, how certified ; in case of a tie,
how decided .... .... 156
vacancies, how filled • .... 156
names of persons nominated, to be cer-
tified, &c. 156
jurisdiction and power of, in general 15C, 157
president to be chosen .... .... 157
seal of, to be procured, \\hat sufficient • • 157
record of proceedings to be kept .... 157
proceeding when to be made up and read 157
terms of, when to be holden • • .... 164
adjourned, and special may be held 1 6 J, 165
duty in issuing license to auctioneers, and
settling with collector .... .... 92
for keeping billiard tables .... 96
for keeping ferries • • .... 275
to merchants .... .... 40.3
to pedlers • • • • • • • • 427
to grocers and retailers of wines, tftc. 29 2
to inns and tavern keepers .... .316
bridges, public, duty respecting • • 106, 107
census, to adjust accounts for taking ■ • • • 110
constables, to decide contested election of, on
a tie • • •• 116
conveyances made by order of • • • • 142
contracts made by, for county • • 142, 143
county seats, removal of, duty in • 143 to 146
buildings to be erected by order of 147 to 149
lines, duty of, in ascertaining • • • • 141
treasury, duty of, in regulating, &c. 149 to 153
election, judges, place of holding, &c. to be
appointed by . • • • • • • • 238
insane persons, order for support of . . ■ • 326
justices of the peace, duty in relation to elec-
tion of . • . • • • • • • • • • 34.0'
County Court,
tie or contested election of, deterBiiwed by 845
patrols, appointed by .... .... 405
poor, to provide for support of .... 448
revenue, to appoint assessors of, when . • 531
to hear appeals from assessment • • 534
to levy county tax and fix rates • . 540
duty respecting delinquent list • . 539
to settle witli collector for blank licenses 538
to settle with officers for county revenue 537
roads. Sec. power to lay out, &.c. .... 544
(-See Roads and Ilighv.'ays,) . • 544
schools and school lands duties of, relating to 561
(See Schools and School Lands,) 561
towns, power of incorporating .... 600
townships, to lay off and subdivide .... 605
vagrants, jurisdiction concerning .... 613
weights and measures procured bj' .... 615
County lines, proceedings in ascertaing .... 141
CouxTY Seats, removal of in what cases . • 143 to 146
County Taxe.i, county court to le\y and fix rates 540
to be levied upon what subjects ' .... 540
duplicate lists to be made out • • . . 534
county warrants good in payment of • • • • 153
collector to give receipt for lists .... 536
on lands sold for, to be paid over by collector 544
account of, to be kept by auditor, and when 543
collectors, clerks, sheriffs, &c. to pay over, when 151
(See County Treasuries, Revenue,) 151, 535
County Treasurer, appointment, qualification and
duties • • 149, 1.50
duty of, in reference to school funds • • 564 to 569
who shall not be • .... .... 153
County Treasuries, established, treasurer ap-
pointed, his duties, &c. • • • • 149, 150
duty of clerks to settle and keep accounts for
county revenue .... .... ]51
penalty for faihure • • • • • 151
to keep accouiits, &c. of penalties,
&c. to county • • • • 152, 153
of collectors, to keep and settle accounts for
county revenue • • • • • • • • 151
penalty for failure • • • • • 151
ot constables to keep & settle accounts, <^c. 151
penalty for failure • 151
of sherifi's to keep and settle accounts, &c. 151
penalty for failure . . ■ • •
powers and duties of county court . • • •
to audit and settle accounts, &c. • •
accounts, <SL-c. of clerk
form of warrant on • • • • • • • •
compensation of clerk and treasurer • . ■ •
copiM «f »9ttlementg of clerks to b« made, fe«.
151
152
152
153
152
152
lft3
652
INDEX.
Cminiy Treasuries,
J. P. to make settlement of fines, &c. •
collectors to pay taxes into • ...
Court Home, to be erected in each county •
penalty for injuries to .... ...
(See County Buildings)
maliciously burning or destroying
CoDRTS, of the state, established 23, 32, 155, 15G
abatement by adjournment, or lapse of term,
not to be • • • . .... ....
accounts for txpenses, i-c. how paid
adjourned term may be held - ....
or lapsed, not to operate as a discontin-
uance, &,c. .... ....
age of judge of, filed, when, where
appellate jurisdiction of supreme
of circuit court • . •
attachment, may enforce process b}^, &c. 158 159
may compel payment of money by 159
153
540
147
149
147
174
160
161
159
160
155
23
155
161
23,32
23, 32, 155
93, 162, 163
23, 32, 155
books, &c. provided, how paid for
chancery, may be established
jurisdiction vested in
circuits, judicial, established
circuit court, jurisdiction of
power to issue and compel return of
writs, &c. .... .... 1 rg
terms, when and where holden . . 163 164
may hold special and adjourned terms 160
not to transact business, &,c. on Sunday,
except, i-c jgl^
circuit judges to be appointed 23
clerks of, election, removal • . 34 113 114
oath, commission, bond . . ijo 113
duties, in making up rolls of court'
• 157
(See Clerks) .
compensation of judges of . .
contempt, power of, to pmiish for
contingent expenses, how paid
costs in, regulated ....
coimty court, how constituted,
power to compel return of writs &c.
terms, when and where holden
power, jurisdiction and authority
president of, to be chosen
not to transact business on Simday, ex-
cept, Sec. ....
(See County Courts)
discontinuance not by adjournment, <S:c. .
districts, jidicial, established .
elizors, appointment, duties, fses
to mmmon jurors • • » .
to 159
111
23, 32, 555
■ 160, 161
161
348, 129
155, 156
153
164, 165
15G, 157
157
160
160
23, 162
158
343
\Courts,
equity courts may be established ..... 23 32
jurisdiction vested .... 32 155
interpreters, appointed, compensation ... 158
judges, appointment, qualifications, &c. 23, 32
removed by impeachment or address 19 24
compensation .... .... 5^5
age to be stated on oath .... 255
interested, <SL-c., not to sit in a cause 159
venue may be chnnged .. 159
in criminal causes • " 484
not to practice law, nor have a partner 160
may solemnize matrimony 4Qi
may take acknowledgement of deeds, 120, 121
may hold adjourned terms .... 159
judicial districts and c'lTcaits .. 23 1 62 1 63
jurisdiction of supreme court 23 32 155
of circuit courts . . 23, 32, 155,' 348
in criminal cases • . 215
of county courts • . . 15g 157
of justices' courts • .... 343
in cases of breach of the peace 346, 372
justices of the county court elected .... 155
term of service, qualifications, &c. • . 156
removed by impeachment or address 19, 24
to be conservators of the peace IgQ
interested, <S:c. not to sit • .... 159
majority of, interested, papers, proceedings 159
not to have partner in practice .... igO
may take proof, &c. of deeds . . 120 121
may hold adjourned terms .... ] 54
majority of, to constitute a quorum .. 157
opinions of supreme court to be in writing 217
practice in, at law, regulated • 459
in chancery 595
in the supreme courts .... 519
in criminal cases . • .... 471
process, sup. court may prescribe forms • • 155
power to compel return of 158, 159
records, to be kept by clerks • .... I57
to be made up and read, when . . . 157
of proceedings, at law and equit}r,to be
kept separate .... .... J57
to be entered, &.c. in English language 158
sheriff, to attend court, fiurnish stationary, &c 161
seals, to be procured .... .... 157
private may be used, when .... 157
sitting of, to be public .... 153
supreme, established, jurisdiction . 23, 32 155
judges of, interested, proceedings . • . I59
opinion of, to be in writing .... 2J7
terms, when and where to be holden .... 16^
INDEX.
653
Courts,
translators, appointed . . . •
their compensation
venue to be changed . . . •
(See Venue) • • • •
158
158
159
614
(See Practice, &c. in criminalyCasss) 486
writs & process, forms prescribed by sup. court 155
Courts of the U. S., constitution, jurisdiction 7, 12
Covenants, by words "grant, bargain and sell," op-
eration of .. ..119,120
for conveyance of real estate to be recorded 120, 123
how enforced against ex'r. or adm'r. 53, 54
how enforced, when made to ex'r. rr adm'r. 54
Crawford county, boimdaries defined, .... 134
Creditors, remedies in favor of
against debtors confined for crimes 502
against insolvent debtors 330, 331, 33-
trustee for the benefit of, appointed .... 330
in case of convicts .... 502
protected against fraudulent conveyances 283, 284
may apply to have ex'r. or adm'r. to give
additional bond .... .... 44
notice to, to exhibit claims against estates 47
proceedings on claims exhibited .... 56
claims allowed, to bs classed, how paid • . 55, 57
consequences of omission to exhibit 55
may file interrogatories against persons em-
bezzling estates .... > . 46, 47
proceedings thereon, 49
may sue for money or property lost by his
debtor at gaming . . • • .... 291
may apply for sale of real estate of dec'd. 52
proceedings thereon .... 52
conveyances to defraud, void as to .... 283
parties and privissto, to defraud 180, 181
putting them in use, &c, void as to 283
Crimes, definition of • • • • • . • . 216
capital or infamous, indictment for 11,27,28
no person to be put twice in jeopardy for 11, 28
committed in consulting rebellion, &c. • • 166
right of the accused in trials for . . 11, 27, "28
when committed by or upon slaves .... 19
sending letters threatening to accuse per-
son of 204
Crimes and Puxisiimexts, definition of 165 to 217
A. B. C. table, setting up, keeping, &:c. 207, 208
Abandoning child under six years old by parents 172
Abduction of females, to compel to marry, ic. 170
of colored persons .... 172
of female under the age of 18 years 170
of child under 12, with intent, &c. 172
Abortion, medicine administered to produce . 172
of quick child by drugs .... ..•• 109
Abortion,
by injury to mother . . • • .... jQg
Abstaining from prosecution, agreement for 192, 193
Accessaries, before the fact in felony .... 212
after the fact • • • . . • . • • . ■ . 212
after the fact in kidnaping • . .... 212
may be tried after principal pardoned • . 483^
may be tried, in what county .... 483
Accusation of criminal offence, how made • . 28
Icadcmy, burning or destroying, how punished 174
Acknoiclcdgemcnt, personating another in making 180
Adultery, open and notorious, punishable • 206
Administering poison with intent, S:c. .... 171
medicine to produce abortion .... 172
any substance, &c, to female, and have carnal
knowledge of her .... .... 170
Affray at unusual hours in the night .... 204
Aiding escapes in criminal cases . . . 194, 195
the commission of forgeries & counterfeiting 189, 190
Alehouse, not to open after 9 A. M. on Sunday 209
Animals, wanton cruelty to • . • • • • . . 181
maliciously maiming, killing, &c. 178, 181, 210
administering or exposing poison to .... 181
to alter brand of, larceny, when • • . • 171
Appeals of felony, not allowed . . . • . . 214
Apothecary, selling poison without label .... 210
Arbitrators bribing or attempting, &c. «... 192
Arrar°-ning defendant on indictment .... 485
.3 «on, in first degiee defined .. ••.• 174
in the second degree •■.• •-.• 174
in the third degree . . 174, 175
in the fourth degree .... .... 175
punishment, for first, second, third and fourth
dL-rce 175
what houses considered dwelling houses . 174
by slaves in furtherance of insurrection, &c. 16&
Assault with intent to commit rape, robbery, bur-
glery, manslaughter, or other felony •. 171
by a negi-o or mulatto on white woman, with
intent to ravish .... • • 170, 171
of an officer engaged in service of process, &c. 193
with intent to commit crime, not to be convict-
ed for, when .... .... 212
Assault and Battery, proceedings against offen-
ders .... .... .... 37:-
to be tried before J. P. .... • • • . 372
may be fined . • . • • • .... 373
prosecutor liable for costs • • • • 373, 374
Attempts to comvaix. crimes, when punished 171, 211,212
to induce perjury . • • • .... 192
to corrupt jurors, or to influence jurors, arbitra-
tors or referees .... .... 192
to rescue prisoners .... .... 194
654
INDEX.
jiUempti,
to rob by threatening letters • .... jyy
to bribe officers, or to corrupt or influence
votes .... .... 199,;200,20]
to raise rebellion or insurrection, bound or free 1 GG
Bail, excessive, shall not be reiiuired ... 1] 28
what court or officer may take, after commitment 478
(See Habeas Corpus) .... .... 097
personating another in recognizance of .. 189
after indictment, how and by whom taken 484
in criminal cases, how taken . . . 474 473
recognizance of, how taken 501
accused admitted to, except, &c. .... 28
for keeping the peace, by whom taken . . 472
Bailing prisoner before indictment, by what officer 474
UBriberi/,
or referee
192
192, 193
197, 198
198
198
198, 199
199
after indictment
Bailee, convertion by, with intent. Sec
Barns, burning of • • ....
Barrator, how punished ....
Battery, (See assault and battery)
Betting and gaming on certain gaming tables •
keeping certain gaming tables
suffering, to be kept up in house
keeping house for .... , . , .
leasing house for, lease forfeited
who deemed keeper of tables
persons betting, kz. competent witness
duty of judge or justice on knowledge of gaming
device kept, &c. .... .... ggg
power of the officer charged with process against 209
judge or justice to cause gaming tables to be de-
stroyed .... ....
(See gaming)
Bigamy, defined, punishment • •
marrying without this state
indictment, trial, in what county
Baiody houses, keeping of, punishment
leasing house for . ....
who deemed a keeper of ....
lessee of, on conviction, to forfeit
498
179
174, 175
196
208
207
208
208
208
208
208
209
290
205
206
206
208
208
208
lease,
Benefit of clergy not allowed . . .
Boats and Vessels, larceny committed in
bursting boiler by negligence, &c.
burning of, in day or night • . .
overloading so as to drown • .
wilfully destroying or setting adrift
Brewery, wilfully burnine of
Jinbery, definition and punishment 17, 18, 197 to 200
ofi"ering bribe, to induce perjury igj
of witness, or attempt to ... -.191 I90
accepting bribe, by juror, arbitrator or referee ' 192
attempting to corrupt by, any juror, arbitrator
208
214
178
169
174, 175
1G9
181
174, 175
to conceal offences ....
of any officer of the state or county . .
in agreeing to give reward, &c. to officer
officer guilty of, in accepting gift, &c. .
to aid in procurijig office, &c.
to accept of office, &c. procured by . .
attempting to bribe officer ... .... 199
in bestowing office, &c. to procure the election
of any one to office .... . . . , jgg
to ask, receive, &,c. reward, &c. to give a vote 199
to attempt to procure, or forbear to give a
vote .. 199^200
Bridges, maliciously destroying . . . . 181, 182
burning of, public or toll .... .... 175
Buildings, burning of, when not parcel of the dwell-
ing lio use ... .... .. 174^175
Bringing property stolen in other states, punished
as for larceny • .... .... ^12
former conviction, &c. to be a bar 212
Burglary, in the first degi-ee .... 175
in the second degree .... . . 175 176
in the third degree .... . . . , 176
breaking out of dwelling house, or breaking
inner door • . • .... . . . , 275
punishment for different degrees of .... 176
when committed at same time with larceny 177
Burning inhabited dwelling house in the night time 174
in the day time 174
houses, shops, &c. insured • • 175
stacks of grain, hay, fruit tiees, &c • • • ■ 175
bridges, grass growing, grain, fences, &c. • 175
barn, stable, boat, meeting-house, college, acad-
emy, school-house, public buildings • . . 174
Buying and selling offices, deputations, &c. • • 200
not to extend to certain deputations .... £00
giving money or property for such office . . 200
Canoe, maliciously burning, &,c. • .... 181
Capital crimes, prosecution by indictment, &c. 11, 28
committed by slave, same punishment as white
person .... .... .... 19
accused to have a list of jurors, copy of indict-
ment and counsel .... .... 485
peremptory cJiallenge limited • . . • • 489
Carding machine, burning of ... . • . 174, I75
CaWZe, maliciously to kill, maim, beat, (fee. 181,210
administering poison to, or exposing poison with
intent to be taken .... .... XQ\
altering mark or brand of • . . .... lyg
Challenge, to fight a duel, sending or bearing . • 202
posting another for not sending or accepting 202
INDEX.
655
Chattels., burning of, when insured • • • • 175
either in the clay or night • • • • 175
Cheating, by false pretences .... .... ISO
by false personating another • .... ISO
Child, abortion of, by administering drugs, &:c. 17'-'
rape upon, under ten years of age .... 170
under twelve years old, enticing away • • • 172
under six, exposing to abandon .... 172
unborn and quick, killing, &c. .... 168
Clergymen, penalty for solemnizing marriage in
certain cases • .... .... 207
may solemnize marriage .... .... 401
Clergy, benefit of, not allowed ... .... 214
CZerA-«, embezzlement by, how punished .... 170
Cock-fighting on Sunday, how punished .... 209
Coin, counterfeiting, &c. how punished 184 to 186
bringing into the state, or having in possession,
counterfeit, &c. .... .... 186
offering to sell or exchange counterfeits • • 186
to clip, scale, lighten or diminish .... 188
buying, selling, delivering, &c. tools for coining 189
aiding, abeting, &c. others to counterfeit, <S;c. 189, 190
Colleges, wilfully burning, punished .... 174
Commitment, warrant for, good without seal, &c. 501
amount of bail required to be indorsed on 477
Commutation, of offences, by the governor • • 216
Compounding offences, agreement for • • 192, 193
conviction of original offender need not be
proved .... .... .... 193
Concealing offerees, agreement for .... 193
Confession of judgment, falsely to personate an-
other in • • • • • • • • • • • • 189
Conspiracy defined, pimishment • • .... 204
those not enumerated, not punishable ••• 204
act to be done in certain cases to constitute 204
to raise rebellion or insurrection .... 16G
Conveyances, parties and privies to, to defraud
creditors, &c. • • • • • • 180, 181
personating another in acknowledging • • • 189
falsely to alter or destroy the record of • • • 184
falsely, as an officer, to certify proof of, &c. 184
false certificate of acknowledgment of • • • • 184
Conviction, for two or more offences at same time 213
not to work corruption of blood • • • • 28
for offences of different degrees • • • • 493
second for like offence, punishment • • 212, 213
Conviction, of burglary and larceny • • 170, 177
Convicts, attempting to escape, • • • • • 195, 196
escaping, may be retaken .•• •••• 196
escaping, when in custody going to jail • • 195
aiding escapes of, as felons and others 195
escapes of, from state prison • .... 195
Convicts,
of other states, how pimished for same offence 213
sentenced to state prison, effect of • • • 214
forfeiture of estates of, abolished .... 214
certain minor, sentenced to county jail • . 214
to pay expenses and support, property bound for 335
detained, for fine and costs, how discharged 335,336
poor prisoner, how provided for .• 235,336
to have certain liberties, except felons . • 336
(See Prisoners)
Continuance, may be granted • • .... 491
Costs, prosecutor liable for, (See Prosecutor)
to be paid by state or county, how adjusted 274
property of convicts bound for, from what time 335
detained for, in prison, how discharged . • 338,496
(See practice, &c. in criminal cases) 495 to 497
Counterfeiting coin, (.See coin) .... 184 to 186
will, or any instrument affecting real estate 183
the certificate of proof, &c. of a deed • • 183
certificate of proof of a will, &c. • • . . 183
certificate of endorsement of the filing or re-
cording any instrument •• .... 183
warrant and other public securities . • • • 183
certificate of share in public stocks .... 183
endorsements, assignments, «fcc. • • 183, 184
seal of state or other public seal .... 184
bank bills, notes, orders, checks, drafts • • 185
passing, selling, exchanging, &c. 185
bills of exchange, notes, certificate of deposit
.SL-c. 185
bringing into the state and having in possession,
counterfeit note, draft, bill, &c 185
engraving or making plates for .... 185
having in possession such plate, i^c. .... 185
having in possession impression taken from
plate . • • . 185, 186
sellingsuch impressions with intent to fill them up 186
possessing counterfeited instruments of writing 187
passing or oSfering to pass, "^'c. imitation of
gold or silver, &c. .... .... 187
any instrument of writing purporting to be the
act of another, &;c. • • • • • • • • 188
evidence of debt issued by corporation • • 187
to aid, abet, counsel, 4'c. to counterfeit, 4"c. 189, 190
Criminal offence, defined • • • • • • • • 216
Cruelty to animals, how punished • • • • 181
Dams, maliciously destroying • • • • • • • 181
Dead bodies, opening grave to remove 207
removing from grave .... • • • • 20"
taken from grave • • • • • ■ • • 207
does not extend to certain cases ■ • • • 207
656
INDEX.
Deaths warrant for inflicting • • 494
sentence of, carried into effect, by order of
supreme court, when . • • • • • . • 499
punishment of, how inflicted .... 495
for what offences inflicted •• 166, 167, KiS
Debtor, confined for crimes, remedy of creditor 503
Decoying child under 13 years old • • • • 172
slave for purpose of kidnapping • • • • 170
Deeds, parties and privies, to defraud, &c. 180, 181
personating another in acknowledging • • 189
unlawfully to tear, cut, burn, or destroy • 189
forgery of, punished .... .... 183
altering records of .... .... 184
false certificate of proof of • • .... 184
Defraud, intent to, respecting whom it may be charged 217
Deputations, purchasing, punishable • • • • 200
selling off • • 200
Destruction, wilful of boats, &c. to defraud insurers 175
Destroying mile stones, guide boards, «Scc. • • 182
bridges, miU dams, rafts of timber, &c. • • 181
boats or vessels with intent to injure owner 181
windows, doors, gates, or fences, &c. • • 181
Disturbance of public worship • • • • • • • 209
of the peace in the night season .... 2O4
Druggists, selling poison without label • • • • 210
Duelling, fighting, though no death ensue • • 201, 202
being present as Fecond or aid . • 201 , "-02
sending or carrying challenge .... 202
accepting or delivering challenge .... 202
giving countenance, or assistance in .... 202
to post or publish another for not sending or
accepting challenge • • • • • • • • 202
judges, &c. to issue warrant, to apprehend sus-
pected persons • • • • • • • • • 202
to require surety of the peace .... 202
Dwelling House, in cases of arson .... 174
in burglar}- • • .... . • 175, 176
Embankments for support of dams, destro3-ing 181
or injuring • • • .... 181
Embesslement, by clerks, apprentices, &c. • 179
by carrier or bailee .... .... 179
by tenant orlodger, of bedding, furniture, 4'c. 179, 180
of will, deed, &c. affecting real estate • • 178
of record of proceedings of court of justice 178
£?n6rafer?/, defined, punishment •• •• 191,192
JEniicw^ away child under twelve . .... 172
E. O. TaiyZe, setting up, playing at, <!5"c. •• 207,29^3
to be destroyed, how .... .... 209
Equality, playing at, or suffering to be kept 207, 208
(See Gaming Tables,)
Escape, when in prison under lav/s of U. S. • • 442
from prison, aiding felons in • • • • 194
aiding otlier persons for crimes in • • . • 194
Escape,
aiding others confined, &c., though no escape
be effected • • • • • . 195
from officers, aiding in .... .... 195
from state prison, by breaking, &c. .... 195
from county jail, by breaking, &c. .... 195
may be retaken, how punished .... 195
attempt to, by convict in state prison • • 195
attempt to, from county jail • • • • 195, 196
officers suffe.-ing .... .... 196
officer suffering, voluntary escape .... 196
officer suffering, by wilfully refusing to execute
process .... .... .... 196
from one county to another, warrant for, by
whom issued • .... .... 476
before whom may be brought .... 475
reward for, may be offered by warden of peni-
tentiary • • • • • • ■ • • • • • 443
may be offered by the governor 502
Evidence, on charge of receiving stolen property,
conviction of principal not necessary • • 180
nor on charge of compounding offences •.• 193
of overt acts in certain cases of conspiracy 204
of overt acts, necessary in treason .... 491
in cases of rape • .... .... 491
in cases of the crime against nature .... 491
Execution, of sentence of death • .... 495
to issue in criminal cases, when .... 496
Exposing child to abandon it • • • • .... 172
-E.riorfion,ofoflicers by color of office .. 200,274
False personating dA\ox!aex, diX\ihecommg bail 189
or confessing a judgment • • • • .... 189
or acknowledging deeds, ^c. to be recorded ISg
or doing any act in suits, &c. to the injury of
another . • • • • > • • • • . • 189
False character, receiving propertj"- or money in 180
False tokens 4" pretences^ obtaining signature, &c. by 180
obtaining money, property, "^'c. by .... 180
may be con\ icted of larcen}- for .... 180
Falsifying or altering records, (See Forgery,) 183 to 185
False certificate of proof of deeds, ^-c. .... 148
False entries, making of, in book of auditor, state
or county treasurer .... . ■ 186, 187
in books of mo nied corporation .... 187
Faro tables, setting up, and playing at • • 207, 208
keeping of, deemed vagraiit • .... 613
permitting to be kept in any house, '^'c. 208
leasing house to keep in, lease forfeited .. 208
who deemed a keeper of • . .... 208
to be destroyed, how .... .... 209
Fdo de se, assisting in, maaslaugliter .... 168
Felonies, (See Felonies.)
INDEX.
657
188
IBS
189, 190
214
214
214
206
Female pregnant, under sentence of death, pro-
ceedings • • • • .... 495
execution of, when to be .... 49/J
Foreign criminals, may be delivered over by governor 287
proceedings therefor • • • • 287, 288
Forgery and counterfeiting • • • • • • • ■ 183
in the first degree .... . . 183, 184
in the second degree .... . . 184 to 18G
in the third degree .... • • 18G, 187
otficr cases of^
to pass, or attempt to pass, forged instruments
or coin .... .... .... 187
total erasure deemed forgery • .... 187
joining parts of several instruments •• 187, 188
what papers and signatures deemed writings IBS
signatures of pretended officers of corporations 188
affixing signature of fictitious person ....
false instruments in one's ov/n name ....
to aid, assist, abet, counsel or hire the commi
sion of forgery ....
Former acquittal, when a bar • •
for offences of different degrees
when not a bar ....
Fornication and incestuous connection
Fraud^ burning houses, boats, kc. witli intent to, &c. 175
destroying, or casting away boat, <Scc. with
intent, occ. .... .... .... 181
officer guilty of, in his official capacity • • 200
Fraudident convci/ariccs, parties and privies to 180, 181
parties to, liable to pay double damages, &c. 181
Fraudulent pretences, ohtaln'mg money, iL-c. by 180
obtaining signature to instrument by •• 180
Gambling tables, keeping of, and pioying at 207, 208
permitting to be set up • . • . • • • • 203
leasing or letting houses to set up and keep in 208
who deemed a keeper of • • • • ....
conviction for keeping, lease forfeited
persons playing at, competent witness • •
keepers of, and tables brought before justice
power of officer in taking ....
tables to be publicly destroyed • • • •
General provisions concerning •• ••••
Goods and chattels, burning of, with intent to dc
fraud insurer, &:c. • • • • • • • •
Grand Jurors, (See Practice, &c. in criminal
cases) 478,483
Grand Larceny, defined, its punishment • • 177, 178
when committed in a house or vessel, or in tlie
night 1~8
what deemed value of writings stolen • • 178
to stealer embezzle will, or any instrument, kc. 178
to steal or embezzle records, papers filed, kc. 178
officers having custody of them, stealing, &c. 179
84
208
208
208
209
209
209
210
175
other cases of larceny
to mark or brand, or alter the mark or brand of
another, &;c. • .... .... 178
severing articles from the soil, &c. .... 179
embezzling money, &c. by apprentice, &;c. 179
by carrier or bailee, • .... 179
by tenant or lodger, of bedding, .yc. 179,180
to receive stolen goods or property .... 180
to obtain money or goods by false pretence 180
falsely to personate another, receive monc}-, &.c. 180
Grave, opening to remove dead bodies .... 207
removing dead bodies from •• .... 207
receiving dead bodies from • • • • • • 207
Grocery, not to open after 9 o'clock, A. M. on Sunday 209
Guide boards, maliciously destroying, &c. .... 182
Habitations, combining to expel inhabitants from 166
Hogs, marking or altering mark with intent to steal 178
wilfully killing, v/ith Intent to steal .... 178
Hog stealing, deemed grand larceny .... I77
Homicide, what shall be deemed murder,
in the first degree .... 167
in the second degree .... 167
punishment for, in the first and second degrees 168
when justifiable, when excusable .... 168
by manslaughter, in first degree .... 168
in second degree •• 168,169
in third degree .... 169
in fourth degi-ee • • '' 09, 170
punishment in different degrees • • • • 170
justifiable or excusable, verdict, &c. .... 183
Horse stealing, grand larceny • • • .... 177
punishment for . • . • • • .... 178
iJorses, wanton cruelt}- to .... .... 210
to kill, maim or wound .... .... 181
altering brand of, v.'ith intent to steal .... 178
administering or exposing poison to ••.• 181
House breaking, m day or n''ght •• •• 175, ]7g
House burning, either by day or night • • . • 174
public buildings, and others, i^-c. • • 174, 175
Houses, bawdy, conviction of lessee for • • • • 208
keeping of, punishment • • • • • . • • 208
leasing of .... .... .... zOS
who deemed keeper of .... .... 208
Incest, punishment of .... .... 206
Insurrection of s\a\-cs,ho\v punished •• 166 167
Intent to defraud, in respect to whom it may be
charged .... .... .... 217
Killing a human being, when murder • • • • 167
when justifiable, when excusable .... 168
when manslaughter in first degree .... 168
when in second degree • • • • • • • • 169
when in third degree • • • • • • • • 169
I when in fourth degree .... •• 169,170
658
I JN D E X.
Kidnapping, defined, punishment • - • • • • 172
where tried • • • • ■ • • . .... 17-2
accesar}' after the fact in ... • .... oi >
Land, taking possession of, by violence . • 903, '2^4
iarcen^, defined and pnnishmnnt • .. 177,178
petit • • 173
in dwelling house, boat, tStc. in n-ght ■ . . • 178
what deemed value of articles stolen . • • • 173
by slave, how tried, &c. .... .... fjl
to mark or brand, or alter, ic. with intent, &c. 178
of records, papers, &c. filed . ■ . . 173, I7f>
in severing from the soil, &c. • .... 179
embezzlement, by clerk, apprentice, &c. .. 179
by carrier, bailee, &c. . ■ . .... 179
by tenant, or lodger, of bedding, &c. • 17!)
falsely to personate another, receive money, S;l. 1 80
in obtaining money, &C. by false tokem .. 180
property stolen, restored to owner, how . • . 499
Letters, sealed, wilfiilly opening • . .... 210
reading, or causing to be read • • . 210
publishing contents of .... 240
threatning, attempt to rob, by .... ]77
to accuse another of crime .... 20 1
not to be carried from or to convicts, ex-
cept, 4-c. .. 441,442
204
20'^
502
17!
ISl
210
181
18!
ISl
Mayhem,, cases of, enumerated • • • .... 171
by negligence of another .... .. 171,172
.'l/cei/ng-.?, religions, disturbance of . .... 209
Ministers of the gospel, not to solemnize certain
marriages .... .... .... 207
Misdemeanors, construction of the term .... 216
Misprison of treason, definition, punishment • . 1G6
Monuments to fix boundary line, destroying, i-c. 181, 182
Levying on property v.ithout legal process ....
Leudiess, or lascivious behavior • . ....
Limitation of prosecutions in criminal cases . .
where indictment has been quashed, i^c. ...
Maiming, cases of, enimierated . . ....
cattle, maliciously ■ .... ....
horse, ox or other cattle .... ....
Malicious mischief , to destroy, "^-c. windows, gates,
fences, fruit trees, i^c. • • • . ....
to destroy or set adrift, rafts of timber, skiffs, -fcc.
destroying bridges, mill dams, &c.
removing or altering monuments, in boiinda-
181, 183
182
163
168, 169
169
169, 170
170
ries, &c.
destroying mile stones, guide boards, &c.
Manslaughter, in the first degree . .
in the second degree
in the third degiee . . ...
in the fourth degree
punishment for different degrees
Marks and Brands, altering with intent to steal 178
Marriage, bigamy and polygamy, punishment . 205
cases excepted from punishment 295, 29G
without the state, bigamy, when .... 206
in what county indictment may be found . . 2:)6
single person marrying those already married 206
incestuous, punishmsnt for • . • .... 206
solemnizing certain, puaishnioiit for 207
defacing, or altering marks of . .... 082
Murder, in first and second degree . 167
punishment for .. ..•• .... 168
Mute, standing, equivalent to plea of not guilty 485
J^''ature, crime against, punishment . — 206
certain proof sufficient in trial for . • . • 491
J^ew trial granted, in criminal cases • • • • 491
JVotes, promissorj'^, stealing them . • • . • • 178
forgery, &c. how pmi'shed ... .... 185
Obstructing process, in cases of felony . • • • 193
in other cases, civil or criminal 193
Office, buying or selling, punishment • • • • 200
bribery in obtaining, when .• •• 193,199
selling deputation^of .... .... 200
Offence, definition of the term when used in statute 216
second, punishment for . • • • • • ■ • 212
of different degrees, verdict to specify the degree 493
may be found guilty of less than that charged 214
Offences, against the government, and supremacy of
the laws .... .... .... 165
affecting the lives and persons of individuals 167
against property, public and private • • . • 172
affecting records, currency, instruments, &;c.
public and private .... .... 182
affecting the administration or execution of
justice 190
by persons in office, or affectiug public trusts,
and public rights .... .... 197
against ]Hib!ic peace and security of persons
and property, &c. .... .... 201
against public morals and deccnc}'', public po-
lice, &c. 205
general provisions concerning .... 210
Officers, guilty of bribery, when . . .... 197
guilty of fraud, extortion and oppression . 200
neglect of official duty, or misconduct . • 200, 201
performing acts as, without authority . • • • ;i01
attempting to influence voters . .... 201
levying on property without authoiity >••• 204
suffering escape . .... .... 196
suffering voluntary escape ... .... 196
suffering escape, ty refusing to execute process 19^
extortion b}', by color of office . • 200, 274
authorized to keep the peace • .... 472
INDEX.
659
Peace, security for, by convicts, when • . . .
in cases of duelling, <S:c. • • •
the, officers aiitlinrized to iceep . . . .
sureties of, who authorized to take • • • •
in what cases it may be required
may be compelled, how . . . .
494
202
472
47;2
473
472
in no other cases than those prescribed 47.1
proceeding to obtain .... 472
committing party accused .... 472
discharged on recognizince .... 473
when recognizance forfeited .... 473
forfeited recognizance, action on 473
power and duty of justice of tbe peace, in keeping 34{)
Perjurij, defined, its punishment • • .... ]9]
subornation of, punishment • . .... 19]
attempt to induce .... .... jgi
in indictment for, what sufficient .... ]9l
subornation of, indictment for, what suffi-
cient. &c. • • .... .... 19 i
swearing or aflirming falsely in any oath . • * 419
Person, meaning of the term in criminal cases 216
Personal propcrt I/, meaning of the term in criminal
cases .... .... .... ojf;
Physician, while intoxicated, to occasion death, tcc.
by drugs, &c. • •••• •••• ]GD
Plates; possessing, &c. for counterfeiting, engra-
ving • • • . .... . . J8.>, lo'o
Poison, administering with intent to kill .... 171
mingling with food, wiih intent, &c. .... 17!
putting into spring or reservoir of water • • 171
exposing it to cattle, &c. • . . • .... 131
given in one county, death in another, where in-
dicted .... .... .... 4S3
selling it, without label .... .... 210
Polygamy, punishment for .... .... 20 B
Posting, for not fighting a duel • • • .... 2!'2
for not sending or accepting challenge .... 2iJ2
Practice in criminal cases .... .... 471
(See Practice in criminal cases) •• 47)
Principals in second degree in felonies .... 212
Printed or written reflections for not fighting duel, (Lx. 232
Prisoners, (See Prisoners)
Prosecutor or county to pay costs, determined by
juryj when • • • .... .... 4D3
bound over to testify, when •• •> 470,477
to pay costs on indictment for tresjiass, when 48!
in cases of breach of the peace, wlien 373, 374
name to be endorsed liy himself, when .... 4Sl
competent witness .... • • 373, 4;) I
indictment not to be preferred without, when 481
Public ivorship, distu.rbance of • ■ .... 2(lit
PMniVtmenf, cruel and unusual, not to be inflicted 11, 28
of death, to be by hanging ... .... 495
Punishment,
by the common law, restricted, &c 373
prescribed by revised statutes. (See Crimes
and Punishments) • 166 to 217
P«rf/ia.5er,9, con vej-anco to defraud .. 180 181
privy to such conveyance .... •• 180, 181
Quashing indictment, when another found . ■ 483
limitation of new prosecution after 502
Racing horses on Sunday, punishment ....
Rape, defined, punishment .... ....
certain proof sufficient on indictment • • • .
by negro or mulatto on white woman • .
assault with intent to commit ....
punishment for
?le.')d//on, persons convicted of raising ....
of slaves, punishment .... ....
free persons aiding in .... ....
bound or free, consulting, attempting, &c.
Receiving property by false personating another
embezzled, knowingly .... ....
stolen, knowingly .... ....
conviction for, may be had, when ....
in what county may be tried ....
dead bodies, unlawfully disinterred L.- • • •
Recognisances, in court, in criminal cases . •
how taken ....
incases for duelling, ,^.c. • • ....
in criminal cases before indictment ....
after indictment, who to take ....
of prosecutor and witness, wlien
what officers may take ....
to be certified, returned, .^-c.
witness to give security in, v.'hen
on letting to bail, where fded
for lieepingthe peace, by whom taken
how disposed of, when deemed broken
in cases of breach of the peace, on appeal
of witness, &c. • • • . ....
on appeal to supreme court in criminal cases
personating another in acknowledging
Religious meetings, disturbance of ....
Rescue of oflfenders, &.c. • • • . . . . •
Riots, definition and punislimcnt
duty of peace officers ....
Robbery, in the first degree ....
in the second degree ....
in the third degree ....
pun'shment for, in difi'ercnt degrees
indictment for, may be tried, where • ■
assault with intent to commit
Raids, definition and punishment of
'Sabbath breaking, how punisiied
Seal of court, public, or official, forging, <tc
209
170
491
170,171
171
171
1G6
166
166
166
180
180
180
180
482
207
501
501
202
474
484
476, 477
472
477
477
484
346, 472
473
374
374
497
189
209
195
202, 203
203
177
177
177
177
483
171
202,203
209
181
660
INDEX.
Search warrant, by whom and when to issue
to whom dirocted, its contents
by whom only to be execute 1
how prisoners, vagrants, &c. searched
property found, how restored
Second offence, punishment of • • • . . .
when first offence in another state ....
at what tune, imprisonment for, to commence
Second trial, for same offence when not to be had
when it may be had
Self-murder, assistance in, manslaughter . • • •
forfeitures for, abolished • • • . ....
Selling poison without label • • ....
Sepultures, removing dead bodies from ....
Ser^a.its, embezzling, <E;c. by • • • • ....
Severing produce from soil, maliciously ....
from buildings, <S:c. with like intent ....
from fences, gates, windows, enclosures. Sec.
from the soil, larceny, when ....
Shooting with intent to kill, punishment ....
Slaves, committing capital offience ....
crimes committed on .... ....
rebellion or insurrection of • • ....
persons making rebellion, &c. of ....
consulting, plotting rebellion, &c.
arson in furtlierance of
rape committed by, on white woman
stealing of, &c. grand larceny
kidnapping, selling, &c. • • • • ....
cruelly to beat, tO' ture, &c. •
committing larceny and certain other offences 215
how tried in such cases 215
governor may commute offence of .. 215,216
remedies against master for injuries by 216
to be sold to pay costs, in what cases
when reprieved or pardoned, •
executed, state to pay costs, when
iSto66irt.o- with intent to kill ....
Stealing property, when grand larceny
written instruments ....
records, papers filed, ^c. . .
by officers having custody of
when petit larceny ....
in another state and bringing here
by slave, how tried ....
liability of master in such case •
from a boat or vessel ....
by false pretences, false tokens, &;c.
Steamboats, negligently, Slc. bursting boiler • • 169
death produced by, manslaughter 169
Stolen properly, restored to owner .... 499
when sold, proceeds, how disposed of . . 500
knowingly receiving, how punished 180
500
500
50!J
500
500
212,213
213
213
214
214
168
yi4
210
207
179
181
181
181
179
171
19
19
1G6
166
166,167
166
170, 171
177
172
210
497
497
497
171
177
178
178, 179
179
178
212
215
215
,178
180
Subornation of perjury • • . • .... 191
attempt at .... 191
what facts sufficient to set forth in indictment 191
Sunday, not to labor, nor compel others to labor on 209
horse racing, cock fighting, playing at cards on,
prohibited • . .... .... 209
goods, not to be sold on, after 9 o'clock, A. M. 209
nor liquor .... .... 209
Sureties of the peace, when and by whom may be
required . . .... . . 472, 473
may be required of convicts, when • • • • 494
in cases of duelling . • 202
Treason against the state, defined .... 166
punislunent of death for • • • • • . 16G
proof required in trials for •• •••• 491
Trees, fruit, maliciously injuring • .... 181
ornamental injuring maliciously .... 181
containing marks of boundaries, ifcc. destroying,
defacing, <tc. . .... 182
Trespass, severing produce from soil .... 181
injuring fruit or shade trees • .... 181
to break door, window, gate &c. .... 181
malicious, wlien punished as a misdemeanor 181,182
(See Trespass.)
Trial, right of accused .... .... 27 28
for breaches of the peace, &c. .... 373
for crimes, proceedings before . 484 to 488
by what juries • .... 439
how summoned .... 490.
indiwors not to be on jury .. 490
who not to be on, in capital cases 490
right of peremptory challenge 490
what good cause for 490
how tried 490
in felony, defendant to be present 490
in other cases may appear by att'y. 490
provisions in civil, extended to criminal
cases .. 490,491
proof nessary in treason . . .... 491
in certain conspiracies • .... 491
what sufficient in rape . .... 491
in the crime against nature 491
what defendants may require separate 491
exceptio»s by defendant, effect of .. 491
proceedings thereon 491
in what county, for offences on vessels 482
receivers of stolen property 482
committed near county line 482
far robbery, &c. in county where property
is carried .... .... 493
wound in one co-.int}^, and death in another 483
in one state, and death in another 483
in anothttr state, deatli in this 483
INDEX.
(361
202.
486 to
472,
474, 475,
Trial,
accessaries, where to be tried • • • •
to be tried, though principal pardoned
when on charge for kidnapping ....
for bigam}^ or poligaray ....
Unlawful assemblij, definition, &c.
proceedings for dispersing • • ...
of slaves, proceedings for dispersing
white persons found at, penalty,
duty of J. P. in such cases
Usurpation of office, difination, tc.
Fenue, change of in criminal cases,
(See Practice, &c. in criminal cases)
Firdict, in criminal cases, set aside, when
Vessels, larceny committed on board of
unduly loading and death thereby,
bursting boiler of, by neglect, &c.
offence committed in, where tried
Voluntary escape, in criminal cases
Warrants on criminal charges.
by what officers and when issued
need not be sealed ....
how issued .... ....
by judge of supreme court, where executed
when to be endorsed in another county • •
by whom issued on escapes from one county to
another .... .... ....
on indictments ....
(See Arrest on criminal charges) ....
to search for stolen property, (see Search War-
rant) .... .... ....
for inflicting death .... ....
its contents .... ....
execution of, suspended, how ....
when to be issued by the governor . •
by the circuit or supreme court
Win, falsely to alter, destroy, &c. record of . .
making false certificate of proof ....
stealing or embezzling .... ....
officers having custody of, concealing, &c.
forging of ....
Witness, incompetent when convicted of certain fe-
lonies . . 180, 190, 196^
convicts, competent, when • • ....
prosecutor, competent .... . . 373
to be bound over to testify, when . . 476
may be required to give recognizance
committed for not given
how summoned ....
penalty for not attending . . ....
not necessary to tender fees to ....
commission to take testimony of, when • •
examined co„^,jti„„^iy^ proceeding, ....
483
483
17-'
206
, 203
203
585
585
585
207
486
488
491
178
169
169
482
196
474
501
501
475
475
475
484
474
500
494
494
494
495
495
184
184
178
179
183
210
443
491
477
477
477
485
485
485
486
485
Witness,
betting on games, &c., competent .... 208
perjury of, hov.' pmiishmed • .... 19 1
TVoriian, ravishing • • • • . .... 170
carnally knowing when under 10 years • . 170
carnal knowledge of, by gidng liquids, &c. 170
compelling to many or be defiled .... 17O
taking without consent of parent, &.c. under 18 170
rape on, or attempt at, by negro, &c. .... I70
to compel, or attempt to compel marriage, &c.,
with negro . . .... .... 170
to aid or assist negro, <i5"c., in ... • 171
defiled by negro, &c .... 171
under 18, taken by negrf, &c. .... 171
preo-nani, administering drugs to, .. 168,169
to produce abortion 172
quick child destroyed by assault on 168
under sentence of death, execution how
suspended .... .... 495
inquisition of, how taken 495
Writiyigs, what to be deemed, in forgery • ■ • • 188
Writs and process, to assault, beat, &c., officer ex-
ecuting . . 171, 173
obstructing execution of, in felony .... 198
in civil and criminal cases, not felony 193
(See Practice, &c., in criminal cases) 474
falsifying, destroying, Eiltering .... 18^1
return of officer to 184
Writ of error, in criminal cases, regulated . . 497
Cn'mmaZ offence, defined .... .... 216
Cross Bill, (See Practice in Chancery,) .... 518
Cruelty to animals, pimishment • .... 181
ICurators to be appointed, (SeeGuardians& Curators) 293
DA?,IAGES, on bills of exchange, regulated 98, 99
for injuries to county building .... 149
recovered in actions of dower .... 229
detinue, verdict omitting, proceedings • • 224
for materials in erecting bridges .... 107
may be recovered of ferry keepers .... 276
by licensed, of unlicensed ferry keeper 276
owners of trespassing animals, liable for • Slj
for injuries to animals, in certain cases . . 312
to be awarded on dissolution of injunction 314
for flowing lands by erecting mill dams . . 407
to be assessed on penal bonds • .... 431
awarded, on affirmance of judgments at law 522
on affirming decree in chancery • • 522
to be enqui -ed of on decree in chancery, when 517
on laying out roads, S:c. • • .... 547
by means of felonies, how recovered .... 215
in actions of ejectment .... • . • • 235
of the assessment of .... .... 451
Dams, maliciously destroying • • .... 18k
662
INDEX.
Dead bodies, punishment for opening grave to remove 207
for removing dead body • 207
for receiving dead body • • 207
doss not extend to certain cases 207
Death, of one or more plaintiffs after judgment,
survives,^ how • • • • • • .... 340
execution in such case 340
defendants, after judgment, survives, how 340
execution in such case 340
of ex'r. or adm'r., either plaintiff or defendant,
after judgment, how revived • .... 340
of parties in applications for dower .... 233
of sole plaintiff, of sole defendant .... 465
of either party after verdict or confession 465
of sheriff selling under execution •. 259, 260
crimes punishable with .... 166, 167, 168
warrant for inflicting .... .... 494
when to be issued by supremo court 493
mode of inflicthig .... .... 495
Debt, actions of, limitation in . . • . • • 393
on bonds or notes, judgments, <i:c. plea
of payment in .... 460
set-offs in . • • . • . . • 579
Debtors, absconding, non-resident, kc. (See At-
tachments,) . • .... .... 75
confined for crimes, remedy of creditors • 523
insolvent, (See Insolvent Debtors,) . . 327
imprisoned, (See Imprisoned Debtors,) . . 327
Decisions of the SuPREitiE Couut,
attorney general ex-officio reporter of ... . 217
counsel to make out and file statement of points 217
and authorities, in each cause 217
opinion to be filed, its contents .... 217
clerk to endorse day of filing, and make a copy 218
copy of points and authorities cited .... 218
transmitted to reporter • 218
penalty against clerk failing 218
•when and how published . . .... 248
general index to be published, when .... 218
number of copies, &c. to be published • . 218
binding, when and how done .... 218
for whose use and how distributed . • 218, 219
contractss for printing, binding, kc. .... 219
compensation to clerk of supremo court and
reporter .... • • • • .... 219
Declaration of Rights of the people .... 27
Declarations, (See Practice at Law,) .... 450
Decoying child under twelve . . .... 172
slave for purpose of kidnapping . • • • 172
Decrees, durq.tion of lien on real estate .... 339
lien revived and extended .... . . 339, 340
joint, one or more parties dying .... 340
ex'r. or adm'r., plaintiff or defendant dying 340 ||
Decrees,
acknowledgment of satisfaction entered •• 340
how and by whom, refiising to, proceedings 341
clerks to keep docket and record of .... 341
penalty for failure .... .... 34I
pro confesso, made final, effect of .... 516
may pass title to real estatB • .... 517
for conveyance, release, <^c. effect of .... 517
concerning real estate to be recorded 341, 342
proceedings to enforce obedience to .... 517
Dedimus, to take depositions when necessary, how
obtained • . . « . . .... 230
to perpetuate testimony .... .... 444
in criminal cases, when . . .... 48G
Deeds, for land sold under execution .... 259
when officer selling dead , &c. . . 260
of trust, to be recorded .... .... 525
of husband, no bar to wife's dower .... 228
unlawfully to tcsr, cut, burn or destroy • . 189
(See Title — Conveyances.).
Default, in actions for partition . .... 423
for dower effect of ..... 230
in court of chancery,. (See Practice in Chancery,) 508
in court of law, (See Practice at Law,) • . 461
in personal actions assessment of damages upon 461
certain defects to be disregarded after • 468
Dffcct of heirs, land to escheat to the state • . 246
Defendants, if several, proceedings against at law 451
if several proceedings against by attachment 76, 77
non-r«sident in chancery . . .... 507
names unknown, proceedings in chancery 507
Definition of terms used in Revised Statutes, -
"grant, bargain and sell," "real sstate," used
in title Conveyance .... . . 119^ 124
"felonjr," "infamous crime," "misdemeanor,"
"crime," "offence," "criminal offence,"
"personal property," "real property," "real
estate,'
'proptrty,'
person," in title
Crimes and Punishments • • .... 216
"real estate," and "levy," in title Execution,
and Judgment and Decrees 256, 262, 342
"heretofore," "hereafter," title Laws ••. 383
Defraud, intent to, respecting whom it may be
charged .... .... .... 217
Delivery, necessar}' to certain transfers of goods,
&:c. .. 283,284
of books and papers, by officers .... 420
Demurrers, to be special, when . . . . 458, 459
costs on, regulated .... . . 128, 129
in chancery causes, rules as to .... 508
Depositiom, may be obtained conditionally, when 920
of witnesses residing out of the state .... 220
commissions, how issued, to whom directed 220
INDEX.
663
Deposition,
power and duty of ofl&cer taking
of witnesses residing in tlie state
notice of taking, to be given •
what shall be ....
230
220
220
220
how and in what time to be given • • 220
special corainission on affidavit .... 220
to whom directed .... • . 220, 221
interrogatories annexed to, liow drawn wp
and signed .... .... 221
extentof examination, duty of officer taking 221
witnesses, examined, examination reduced to
writing .... .... 221
officer taking, may compel attendance of wit-
nesses .... .... .... 221
certificate to be appended .... 22!
within or without the U. S. how attested 221
exhibits, 4'c. to be inclosed in .... 921
in what cases allowed to be read •• 221,222
certificate of officer, as to residence of witness 222
objections to competency or credibility of wit-
ness, &c. .... .... .... 232
may be taken on preceding by address . . • • 39
on establishing demands against estates,
when • • • • • • • • • • • 5G
in criminal cases, when and how .... 48G
in forcible entry and detainer • • • • 279
ill impeachment .... .... ^10
in causes pending before J. P. how taken • • 35G
to be read before general assembly, how taken 242
in chancery causes, may be ordered • • 511, 5l2
for perpetuating testimony . • .... 444
to be certified and recorded 44 ^
ill what cases to be read • • 44 'I
in contested election of sheriff .... 213
of governor and lieut. governor 242
of senator and representative 242
Deputations, purchasing, punishable .... 200
selling of • • • • .... .... 2G0
Deputy, may be appointed by clerk .... II3
by constable .... HG
jailor, may be appointed, allov/ance by the
court for . • • • .... .... 337
may be appointed by sheriffs • .... ,580
b)' county surveyors .... 598
b}' collectors af the revenue 536
Descent, cast, not to affect right to land. • • • • 393
Descents, of intestates to be in parcenary .... 222
course of, directed among kindred • • 223, 223
posthumous children of in.estate, to inherit 233
rule of descent • • .... .... 223
advancement, tobe brought into hotch pot 233
alienage of ancestor no bar • • • • • . 233
Descents,
bastards may inherit from mother .... 223
in what cases deemed legitimate • • 223
children of marriages null in law, or dissolved 223
Desertion, by the wife, a bar to dower • • . • 229
by apprentices & servants, (See Apprentices) 68, 69
Destruction, w'iUu], of vessels, Sec. .... 175
Destroying unborn children, by drugs, &,c. • • • 172
mile stones, guide boards, 4"c. • .... 182
rafts of wood, &;c. • • • • • • • • 181
bridges, mill dams, &c. .... .... 181
boats or vessels, with intent to injure owner 181
windows, doors, gates, fences, &c. .... 181
Detainer, (See Forcible Entry and Detainer) • 277
Detinue, capias to issue, bail required .... 224
bail to be given, or defendant committed • • 224
liability of officer for insufficiency of bail • 224
remedy of plaintiff against bail and officer 224
bail may be reduced, or discharged .... 224
verdict omitting damages, proceedings • • • • 224
Devastavit, suggestion of, against an executor 01 ad-
ministrator • • • .... .... 61, 62
double amount wasted to be recovered • • • 62
action for, how proceeded in • • .... 62
(S'ee Administration) • • • • 61, 62
Devises, joint tenancy not created by, except, &c. 119
in lee tail, how construed • • • • • • • 119
to widow, when a bar to dov/er, v.'hen not 228, 229
for life and afterwards in fee tail • • • • 620
to subscribing v/itness, when void • • . • 620
omitting words of iaheritance .... 630
do not lapse by death of devisee .... 620
(;"ee Wills) 617
Derisees, may witness will, except, &c. .... 620
when competent to prove will • • . • 620
when required to refund, and how compelled 60, 61
Dilatory pleas, to be verified by affidavit • • • 458
in criminal cases .... .... 485
Disabilities, exception for, from statute of limita-
tions 55, 250, 394, 395
concurrent and cumulative .... 395
In cases of escheated lauds .... 250
Discovery, when allowed and how attained at law 462
may be compelled before J. P. concerning gaming 291
in trials before J. P. 361
in cases of fraud, &:c. of insolvent debtors 332
Discontinuance, not by adjournment of term, »tc. 160
Disorderly houses, penalty for keeping .... 318
Dissolution of corporations, affairs of, to be settled
by trustee • • ■ • • • • .... 126
Distilleries, wilfully burning, punishment 174, 175
Distress, exemption of certain goods from • • 255
664
INDEX.
Distress,
for rent (see rent, distress for)
property liable to • • • • .... 25G
2)j5^yj6wft'ow, of estates, when &, how made . GO, 61
course of, diiected .... .... 222, 223
Divtricti, judicial, to be established • • • • 23, 162
electoral, established, &c. . .... 244
Disiurbance, of public worship . . ... 209
of the peace, in the night season .... 204
Division of townships, when .... .... 605
Divorce and JlUmony, causes ot • .... 225
bill for, filed, proceeding .... .... 225
collusion between the parties, or adultery by
both, a bar, &C. .... .... 225
order touching alimon}^, security for .... 226
payment of, how compelled 226
guilty party forfeits rights, &c. .... 226
not allowed to marry again, except, &c. 226
ex parte proceedings, how conducted .... 226
husband abandoning his wife, court to decree
maintenance • ».. . . .... 226
security for such maintenance may be required 226
husband not liable for wife's debts during such
maintenance .... .... 226
wife divorced, her property, &c. to revert to her
and children • • .... .... ooQ
jurisdiction of courts,'for causes for, commencing
beyond limits of the state, &c. .... 226
Docketing of decrees .... .... 341
of judgments • . .... .... 341
Docket, of causes at law, to be kept by clerk ... 471
in chancery .... .... 511
to be kept by clerks of county court of ex'rs.
and adm'rs. &,c. .... .... 58
of cases of forcible entry and detainer to be kept 230
of judgments and decrees to be kept by clerks 341
to be kept by justices of the peace ....
of justice, how disposed of, on resignation, &c.
i>02^er, relinquishment of, how made .... 122
in what estates allow, in lease hold, how assigned 223
in slaves and other personal estate, when there
are children . . .... .... 22^
if no children or descendants 223
right of creditors not affected by, in personal
estate .... .... .... 228
if no children or other descendants, hovv^ widow
may take 228
what it shall be, if the husband die witliout de-
scendants .... .... .... 228
election to take, in certain cases, how made 223
conveyance by, or judgment against liusband,
*=c. no bar to .... .... 228
no lasches, default, cover or crime of the hus-
Doxcer,
band shall bar, &c. • • . • • « • * !J28
divorce, when a bar to .... • • • • 228
devise to widow a bar, unless otherwise ex-
pressod . . 228, 229
wife not to be endowed if husband make a will,
unless she renounce, &c. • • .... 2^9
jointure assured during covetnre or infancy may
be renounced and dower claimed . . • • 229
widow entitled to,, if title to jointure fails 229
desertion and adultery a bar • • . • 229
until assigned, widow entitled to the mansion
house, &c. . . .... .... 229
if not assigned in twelvemonths, maybe recov-
ered with damages .... .... 229
widow claiming, to file a petition, summons to
iasuc, service .... . . 229, 230
defendant not summoned, publication to be
made . . .... .... 230
several defendants, some appearing, others not,
proceedings . • • • • • .... 230
claimants to be made defendants, if they appear
and apply for it • • • • • • • • 230
judgment rendered for petitioner, commission-
ers to be appointed .... .... 230
commissioners to set oflf dower, survey report,
and proceedings .... .... 230
if report approved, damages to be assessed, and
proceedings .... . . 230, 231
estate not susceptible of division, proceedings 231
summons not abated by receipt of part . • 231
assignment, proceedings of heirs and legatees
to make . • . • 231
made by collusion, not obligatory
except, &c. . . .... 231
parties S; privies in actions for, only bound 231, 232
admeasurement, how obtained .... 232
proceedings in such case 232
commissions, their report, proceedings 232
court may supply vacancies in 233
infants not concluded by, if obtained by collu-
sion .... 232
widow shall not lose her dower by default 232
compensation of commissions .... 232
costs by demandant, when by defendant .« 232
execution on judgment for damages .... 232
allowed in lieu of, execution to issue, j
when . . 232, 233
action not to abate by deatli of either party 233
if widow die before action, who may sue 233
if one or more defendants die .... 233
action for admeasurement, not to abate by
death of plaintiff .... .... 233
INDEX.
ms
ill such cas3, who may appe;*': and pro-
S3Cllt3 .... .... J'
c:--')^->1 aiKl •••'it of 9'-ror alloAM.l .... ;TT'
oiij-.i'Ig'neiit fo". ■'^''Mtho'.v boa:vl in recogni-
zance • - ■ • • • . • .... .{""I
if JMfijfMieut a^" •.•<■« fT he eiiqo.i-.e:! )i" ''■
/^■«?^'H», selling pi)i;;(,ii rho i: jibal .... .V
D nikfnne^x, habifia], good raMse for(li'/or;;e :ii'>
Diiclli'nr^ fighting, tlio'igh no Heath ensiis 20Iy-J 1 J
beingp-esent ass8:;oa'l or aid .. •201,20?
ssntling or carrying, accepting or djii ering
challenge . • .... .... OQ 2
giving countenance, adnce or assistance in f202
to postorpubjish another fornot sending or ac-
cepting challenge . . • .... 2'1 2
judges or justices to issue warrants, when 202
to require surity of the peace 202
ZJi/We* on sales at auction .... .... n.'
what property shall be free of, on such sales 93,9}
Dwelling house, what to be deemed
in arson in the first degree 174
in burgalry .. 17.5,171;
EDUCATION, to be encoarasjed . . 21, 2->
(See School and rjcho'.l lands) 5;;
of minors, appropriations to be made for, when 23 '>
of apprentices, provided for 67, 68
Ejectment by person entitled to possession .. 2?i
in what other cases maintainable .- iJ71 2.'M
suits, how brought .... .... 234
•claiinajits may be made co-defendants . • 234
declaration, contents of ... . .... 234
how defoa.laut may plead, proceedings 23.>
general issue, what it shall be, &c 23 J
what plijiitiff must s'loiv for recovery .. 235
joint tenant, or tenant in commo.i mast show
what .... .... .... ' 23")
if plaintiff pre /ail, dam-^gss to be rejo/ered 23.")
damages nn 1 costs, recovered, when . • 23')
judgment upossesson, writ to issue .. 23'>
judgmen " damagesand costs only •■.• 23G
compen •■ v> '-^r lasting impra/ements may be
recovered, how .... .... o?',
injunction may be g-antad, till value of im-
provemjnts b; asoertaiiial . .... 2.'G
procee lings oa b'il and c.oss b=ll for improv3-
mj.us .... .. o-ji;^ 237
trespass, m ly be mi'ntiiaed in certain
cases .... .... 2-7
Elfction f meuibe.-s of co-.jgress .... 2, 24.3 i
qualificatioa of vote -s for • . .... \
of p-^sident of the Jailed States .... 5, 12 ■ ^
qualification of voters in this stata .... 17 a
Election,
general, when held, privilege of electors . . 17 238
for governor and lieutenant governor • • • • 22, 238
for representatives, senators, &;c. .... 033
places of. holding, how designated .... 238
ea-h towaqhSj) ta cotnoose electoral district 238
judges to be appointed, &c. failing, sheriafand
oter'., hov,' to proceed .... .... 2"8
special, when and how .... 238
writ for, to specify length of notice 238
fo!-m of oat'i to be taken by judges . • 233, 239
c'erks to be appointed, oath, duties 239
two blank poll books for each township, to be
furnished .... .... .... 239
poll books to be delivered to the judges • • 239
polls, when to be opened and closed .... 239
may be kept open three daysby order of court 239
votes to be cried aloud as given .... 239
retn-ns to be made to clerk of county court 239
votes to be cast up and arianged by whom 239
polls when and how compared .... 239
duties of clerks, respecting .• ■•.. 239
chrks to grant certificates of election • • • • 239
abstract of votes for, in certain cases •. 239,240
returns failing, special messenger to be sent 240
if failure by defatdt of clerks, penalty • . 240
abstract of votes for governor and lieutenant-
governor to be returned .. .... 240
votes for governor, &c. to be examined in joint
meeting 240
in case of a t'e, how determined .... 240
compensation to clerks S( special messengers 210, 24l
judges or clerk failing to perform duty . • 241
messenger failing to carry returns .... 241
not liable in certain cases . • . • 241
voters may be e.xamined on oath .... 2-tl
voting out of their townthip, tobe sworn 241
names of rejected voters to be recorded, and
persons for whom they vote .... 241
judges, clerks and voters privileged from arrest 241
constable to attend, his duty • .... 241
judge? may fine disorderly persons .... 241
n case of a tie, new election, when and how 241
a contested election of sheriff, proceedings 242
of senator & representative, proceedings 242
of governor & lieut. governor, p o;eeding3 242
fines and forfeitures, how appropriated . . 243
penalty on persons not qualified, on voting
more than once at election • .... 243
of electors of president and vice president of
United States . . 244, 245
LLCTo?.^, of president and vice president, how
ehcMen . • • . .... • • • • ii, 344
etc
INDEX.
Electors.
district*! for choosing, established • • • • 94 1
in cnse of new apportioninsnt, govarnor to lay
oT districts .. ..•• •••• 01 t
pro^lnrmtinn of snr;h flivisiort .... 2 il
ono p'ector to resid"! in eanh district • • • • 24 ">
el'!''tionp wh^n to he held, how conducted 2 f>
ret'irns, when and how to he mads .... 2 t ^
in ras<> of a tip, ho'v detprmined .... 24-'>
persons elcted to be notified • .... ^4->
contested eloftinTi, how determined .... 94f>
compensation for cnrrving returns & notices 24^
when to meet, their duty • • .... 241
their romyiensation .... .. 24?>, 24 fi
vacancies, how snnplied • • • • 245, 21*^
Elisors, may be appointed .... .... 15''
to s'TTirrinns iurnrs .... 3 1^
Emancijiation of sla'-es bv lea'isl'itnve r)rohibited 18, 10
by owners miv be authorized 10
how made .... 587
Emhankmenti for svinport of dams,
mal'clonslv destroying .... .... 181
o' iniii'-'na; .... .... .... 181
JEw,ftes's?''»">">7i of estates, proceedings on •• 46, 47
by clerTfo, ann'-enHces, agents, or servants 170
bv farrier or bailee .... .... 170
bvtenant orlodge>-, of bedding, fui;nitnre,&c. 1 73, 1 80
bnv'n^ or refeiving pronevtv, &c. embezzled 18^
n*" "--n. deed, frc. pA'ecting real estste • • 178
of ■«."n-d or proceeding of court of iustice • 178
Englnvr'. =-'atutes of, notlawsince the 4th of James
♦v» <^~<=t ?T=i
Engh'-^^ i^'"""»ge, record of courts to be kept in 15H
Ento'>'^'. pot anT"ed • .... .... Iio
7^-»76>7'r);o- awav child imder t'.vel"e .... 17o
Entriff to bo rmdp on land peac^nbh'. -fvC. > • 277
procGP'^inTS ivhen made forn'Mv .... 978
(^ee Forcible Entry and Detainer,) • • 277
or land, when valid as a claim .... 392
Ewftr^cert/, defined, punishment • • 191, 192
Enumeration of inhabitants, when, how ta.keH, by
whom 16, 100, 110
E. O. Tables, setting up, keeping, playing at 207, 908
keeper deemed vagrants . • • • .... 613
to be destroyed, how • • • • • • • • 900
Equality, playing at, keeping, &c. • • 207, 208
(See gaming tables )
Equity, court of, established • • 23, 32, 155
Equity of Redemption, when to be sold by execu-
tors, &c. • • • • • • • • • • 51
of mortgages, how foreclosed • .... 409
Error, writ of, on orders vacating or afl5rming awards 73
fr*M •irtuH •curt, t« eocuity ccnrt • • • • 513
Error,
in proceedirg for dower .... .... 233
on trial for escheated land • .... 249
(-'es Practice in Supreme Court,) .... 518
(Vlso see title Writs of Error.)
Escape, of defendant, may be retaken .... 255
permissive, in civil cases, remedy for • • 960
when in prison under laws of U. S. . . • • 442
from prison, aiding felons in • .... 194
aiding other persons for crimes in .... 194
aidmg others confined in prison though no
escape be effected .... .... 195
from officers, aiding in .... .... 195
breaking state prison .... .... 195
breaking county jail .... .... ]95
prisoner, may be retaken .... .... 195
attempt to, by violence from state prison 195
attempt to, by violence in county jail 195, 196
officers suffering, &c. • ■ • • .... 196
officer suffering voluntary escape .... 196
wilfully refusing to execute process, whereby 196
from one county to another, warrant for • 475
before whom may be brought .... 475
reward for, may be offered by warden • • • • 443
Escheats, lands, when to escheat .... 246
how administrator to account • . 946, 247
after paying debts, to pay balance into state
treasury • • . . .... .... 047
court to credit administrator with amount of
auditor's receipt . . . .- .... 247
failing to make payment • • •'• 247
att'y general, ^-c. to compel settlements 247, 248
real estate, attorney general, &.c. ro proceed
against, how • .... .... 248
appearance of parties, pleading trial, &c. 248
survey may be ordered • • • • .... 248
issues found for the state, judgment, <S:c. • 248
if for defendant • .... 249
form and effect of judgment for the state > 249
writ of seizin to issue .... 249
further proceedings concerning .... 949, 250
appeal and writ of error allowed 249
Essoign and wager of law abolished 458
£sto<e«, coiu-se of descents directed 222
forfeiture of, abolished • • 98, 214
how disposed of by wills, (See Wills,) .... 617
real, mode oftransfer by deed, (See Conveyances,) 119
defined as used in the law concerning " Crimes
and Punishments," 216
how disposed of by cx'r and adm'r 51, 52
when to be sold for payments of debts • • 54
what conveyances deemed fraudulent & void 283, 284
INDEX.
oe?
Estates,
may be sold or mortgaged by guardian of insane
person ... 325
decrees concerning to be recorded .... 341, 342
CSee Entails, Executions, Judgment & Decrees,
Liens, Fraud, Husband and Wife, Parti-
tion, Mortgage, Revenue.)
Estimates 01 fii\a.nce, revenue, <i:c. made by the auditor G07
Estopple, deeds operate as to, when .... Il9
Evidence, private acts printed by authority . 250
laws of sister states an , the several territories 250
certified copies of same .... 250
certified copies of proceedings before J. P. 250
docket delivered to clerk, he to certiry . • 250
of plats, surveys, &c. by surveyoi general 251
of confirmations of coiumissionsrs or lecorders 251
of New Madrid certificates
251
251
15.'
251
of ordinances, resolutions, &c. of cities or towns 251
register of marriages, births, deaths .... 251
how to be certified • • .... 251
penalty for false registry, or certificate
of copy .... .... 251
certified copies of all bonds of officers of, or
under the state, kc. .... ....
of accounts settled with county, &c.
of contracts with the state or county
of bonds of ex'rs and adm^rs .... 252
of bonds of curators, guardians, or com-
missionprs .... .... 252
of principal and sureties, in ju-
dicial proceedings .... 252
suits on bontls or contracts, original to be
produced, when • • .... 253
fees to surve3-or and recorder of land
titles for copies • .... 252
inventories by and against ex'r and adm'r 47
copies of letters tcstaraentarj', &c 43
appraise bills, how far • • .... 47
copy of the record of letters or oiScial bonds
of ex'r or adm'r .... .... 43
marriage contract, or copies, when .... 400
of publication of notice or advertisement • 95
in parUcidar criminal cases,
on charge of receiving stolen property, convic-
tion of principal not necessary • • • • 180
nor on charge of compoiinding offences « . 1[)3
of overt acts necessary in treason .... 49 1
in certain cases of conspiracy 201
in cases of rape, iScc. .... .... 4.) 1
Exceptions, bill of, how taken and certified • ■ 4G4
to bills and ansvveis, when filed, argued and
determined • • .... .... 508
bills of, in criminal casea •• .... 491
Excessive bail not to be required • .... H, 38
Exchange, damages on bills of • • • • . . 98, 99
rate of, in estimating damages on bills . • 99
Executions, iu whose favor and how to issue 253
against heirs, executors, &c. .... 253
to be against the bod}', goods, &c. when 253
against heir or devisee, how worded .... 354
when returnable .... .... 254
garnishee to be summoned, when .... 254
may be directed to and executed in any county 254
damages and costs to be endorsed on • • 254
abstract of, and index to be kept by clerk 254
body taken, may be discharged when .... 255
defendant may be retaken, when .... 255
escape, retaken on new writ • .... 255
property, what exempt from, when owned by
other th'ui i.ead of family • .... 255
when owned bj'theheai.1 of a family 255
property liable to,, from what time bound iio6
time of receiving, to be endorsed • • • ■ 25t»
two or more received on same day .... 256
bank shares and stock, levied on .... 25G
info.mation c>f, how obtuuied 256
defendant may elect what shall bo first levied
on .... .... . . 25o", 257
sale of personal propert}', notice .... 257
property may be letained by giving bond for
delivery • • .... .... 257
not deliv^ered according to bond efiect of, pro-
ceedings .... .... . . 257, 258
law relative to delivery bonds to apply to
justices' courts .... .... 259
sale of real estate, when, where, notice • • 258
purchaser refusing to pay, proceedings • • 258, 259
pro<-eediiigsag-ainstsubscciuent purchasers 259
officer not to purchase .... .... 2.)9
bill of sale of personal property and bank stock 259
deed for real estate, recitalc, effect . . • • 2j9
to be acknowledged bcftjrjr court '• • 2.>V
in case of death, resignation, «Sic. may be
proved 259
certificate of acknowledgment, &c. endorsed 259
to be recorded, copy evidouco .... 259
term of officer expiring after lev}', lie shall
execute the vvrit .... .... ogo
in c:ise of death, resignation, &c. after le^y and
before sale • • .... .... 2C0
if after sale, how to obtain deed 260
proceedings against officer, refusing to levy, or
sell after levy • • • • • • • • • 2n0
refusing to make retu>n or permit escapes 260
remedy of plaintiff against officer in certain
cases • . • • • • • • • '•°''
em
I xN D E X.
Executions t
remetly against officer failing to pay-
money . , . O'jO, Ifi'
writs, improvidently issued inay be staj-ed 2(5!
recognizance to be entered into • • 26'
return of proceedings to be made by judge Sli!
proceedings in court • • • • 261
leasehold estates for more than three years
liable to ■ • • . .... .... gr;]
construction of the tarm " real estate" .. 2 2
issued by J. P. regulated, (.?ee .Inst ices' Courts,) 26.i
issued on judgments on appeal fjom justices'
, courts .... .... .... 37 1
when to issue against ex'rs and adm'rs • 59, 62
against garnishees in attachment .... 83 88
defendant • • 83, S.?, 88
corporations, to be a fieri facias • • 12G
for damages in dower, rogulatctl .... ^232
for yearly allow anco to .hs widow before
dower . . 232, 233
to recover possession and damages hi d.)wei 230, 23l.'
may issue in all cases for costs, ^^-c. .... ]3l
of sentence in criminal cases • .... 495
how issued and satisfied on appeals in criminal
cases before J. P .... 374
in crimim^l cases to be issued for fme and costs 49G
Executive power, of U. S., vested in president . • 5
election, qualification, compensation 5, C, 12
oath, power and duties •
of the state, vested in governor
Executor, who incapable of being
who entitled to be ....
to take oath, give bond
bonds and letters to be recorded
revocation of letters, for what causes
may resign or surredder letters
how to account, on death, resignation, &.c. 44
duties in general, (See Administration; 41 to 64
actions, what maintained by or against 47, 48
'■ ' peiKthig, tube prosecuted or defended 48
of account, may be, by or against • 37
how made parties at law .... 4(j5
in chancery • • • • 513
judgments and decrees survive to or against o40, 341
cla'.mingascreditor, hew to proceed •.•• 5(3,57
when purchaser of real estate from testator,
how to get a deed .... .... 54
power of the cour.t over .... • 52r •J^'i 6-i
liability for waste .... .... Gi , Gi
(i
2(J
41
42
42
43
43
43,
44,
4.J
44
may bind apprentices, when • • ....
how to dispose of apprentices and servants
of clerks of court, to account, ic
of officers, to deliver reoords, papers, &c. •
•f tMiant for life may recover r»nt . . . ^
Executor,
may recover rent due their testator •••• 376
may give receipts, &.c. majority must join 50
may bring suits, withi IT what time •••■ 394
may sue or be sued for penalties under the ha-
beas corpus act .... .... 308
of county t.erisurer, to account, &c, ••.. 150
to s-.;e for money lost atgam'ng by testator 230,291
execution ngainst, in c^se of false pleading 253
for dem-i nds allowed against estates, when 58
on judgment for waste • ♦ .... 62
Exemptions, of persons from serving as inrors 343
of properly frora execution . • • • • • 255
Exhibits, in chancery to be marked an i ;":. I • • 508
Expei'ditares, of state government, accounts to be
kept, "fcc. . • • • .... .... 19
Ex Po t Facia Lau-x, shall not be passed • • 4, 5, 28
£.r;)05i/i^ child to abandon it, &c. • .... 172
Extortion, of officers by color of office - • 200, 274
FAIi'iE IMPRIKONMENT, actions for, within
what time . . • .... .... 394
the form of action to establish freedom ••• 286
Fal-iCpei-sonatiug another, and becoming bail as such 189
or confiissiiig a judgment .... .... 189
or aci'.nowleilging deeds or instruments to be re-
corded 189
or do any act m suits, &c. to injury of another 189
receiving property, or mone}', &c. .... 180
False tokens and pretences, obtaining signature by 180
obtaining money, property, &:c. by .... 180
ma}' be convicted of larceny for .... IbO
False pleading, by ex'r. or adm'r. securities not liable 62
Father, when to inherit • . • • .... 222
natural guardian of his children ..... 293
to give bond as guardian, for property not de-
rived feom him .... .... 293
consent of, to binding out child .... 66, 67
incapacity of, by drunkenness, 4'C. mother to
consent .... .... .... 67
im-apacity of, how tried .... .... 67
FaliiJ'iji'ig or altering records, (iree Forgery) 183 to 185
i'ui.ve re/t'^icfiiciyof proof of ileeds, &c. .... 184
i' ulsc cidrit.:, making of, in book ol auditor, <S:c. 186, 187
in books of monied corpo. at.ons J 87
/"rero 7aiZe.?, setting up, and playing at •• 207, H)Q
ket-'peis oJ', deemed vagiants • .... 613
peril!. iting to Lekept in any house, lVc. • • 208
leasing house, lease forfeit'''.', -vc. .... 208
who deemed a keeper of • • • • . • • • 208
to be ddstroyed, how .... .... 209
114 j L'^iiLS, of attorney general • . • • • • 2GJ, 263
420 auditor • • • • • • • • • • • • 271
376'' circuit attorney • «••• •• 262,263
INDEX
669
FeeSf
clerks of circuit miivta • • • • . • 0(]a^ 2^7
in chancery .... . . 2']7, iHS
ol'coii.at}' courts, for county business -263 to 2 i.5
for probate business, <S:c. 265, iGG
constables • • • • • • . . .... 270
coroners .... .... .... 269
interpreters and translators • • • . . • 270
jurors, atlenJmg a view, inquest, ad quod
damnum .... .... .... 271
justice of the peace • • • • • ■ 272, 273
notaries public •• ••.. .. 270,271
recorders of deeds .... .... 270
recor<lers of land titles .... .... ;Q52
secretary of state .... .... 271
sheriff . . 2G3, li>9
surveyors, county .... .... 270
surveyor general of U. S lands • • • • 252
translators .... .... .... 270
witnesses .... .... . . 271, 272
fees of, in more than one case, &c. • » 272
accounts of, to be sworn to .... 272
figures to be counted, each as one word • • • 27.1
officers, to keep table of, set up .... 27-3
fee bills maj-- be made out for whom .... 273
to be examined and certified by the clerk 273
may be issued by J. P. • .... 273
how and when collected • .... 07.^
paid before judgment, to be recovered . ■ • 273
not paid, endorsed on executions .... 273
of each officer, endorsed on executions • . • 273
clerk f) keep fee-book .... .... 274
copy of fees charged to be given .... 274
suits for illegal fees, fee books evidence • . 274
payment enforced when .... .... 274 I
penalty for exioiiion .... .... 274
when paid by county, when by state .... 274 |
chargeable to state or county, au.lited. Sec. 274
accounts for, certified, &c. . . . 274
Fee bills, marie out by ofiiccrs and witnesses, when 27.3
how collected, liabirty of officer .... 273
may be issued by J. F. .... .... 073
for costs in case of fugitives from justice • 289
Felo de «e, assisting in, manslaug'ttsr .... 1G8
estates of, to descend as in other cas:>s ... 28
JeZomci, forfeiture of estate, on conviction of. abol-
ished ■ ■ ■ 2d-, 214
damages done by, how recovered .... 215
rigiitof action not mergerl :ii > .... 215
what offenc'js are, generally . . • 16.5 to 2! G
definition of the term " felon j'" .... 216
(iee iJrimes and Punishments) • lG5to2lG
Female prisoners to be kept separate from males 335
Female pregnant, under sentence of donh, 495
execution of, when and how suspended 495
when to be ordered 495
Ftmme covert cannot be execut.ix or administratrix 41
Fcmma Suit; executrix or adminis;ratrix, nianying,
letters revoked .... .... 43
party to suit inai-rying, dec. • .... 466
Fences, (See enclosures,) .... .... 311
FiiiiriES, not to be kept without license .... 275
howlicenses obtained, and tax assessed . . 275
rates of ferriage to be fixed . • .... 275
license may be granted by clerk . . 275, 276
to continue till next court .... 276
good boats and sufficient hands .... 276
penalty for neglect .... 276
ke.-^ping without license .... 276
ferriages to be first paid or tendered 276
list of rates to be put up .... 276
liable to da nages, when .... .... 276
penalties, how recovered .... .... 276
bond to be sued on, vvhen • . .... 276
licenses may he revoked, when .... 076
may be granted without tax .... 276
rates to be fixed as in other cases 276
bond to be given .... .... 276
liability of master, i.c. of steam boat
for landing ?.t • . .... 276
Fines, excessive, not to be imposed .... 1]^ 28
i-a cases of breach of the peace .... 374
amount of, to be rrrtified to county treasurer 375
(See Justices courts in cases of Breach of the
fV...) .... .... 372
appropriated for the benefit of schools • • 568
incuii-ed at elections, appropriated .... 243
for unlawful trading with Indians .... 312
incurred under revenue laws, (See Reve-
nue) .. 529 to 544
for o.fsnces against persons other than slaves 215
in cases against inn and tavern keepers .. 319
how recovered . . .... .... 315
Fire Proof OJjlces to be trcctcd, when .... 149
ForiciELi; Entry and Detainer, what deemed
to be .. 277,273
what an imlawful detainer . • .... 278
enqtiired into before J. P. . .... 278
complaint in writing, sumnions to issue • • 273
proceedings to summons parties, jurors, wit-
nesses . . 278, 27f)
depositions may be taken .. .••• 279
juro;s to take oath, form of oath .... 2S0
complaint to be read to jury .... 280
what proof complainant shall make .... 280
virdict of guilty, judgment • • .... 280
670
INDEX.
Forcible Entrjj and Detainer.
to be in writing, sigiipd by the foreman 280
for part only, form of .... o,^.-)
against coinplaiiiant,jnfig'neiit, execution 281
justice to keep docket of proceedings 280
what shall be entered on ■}S^)
new trial may be graated • . .... oqq
cause to be removed by en tiorari .... 280
service of, justice on, hif duties • . 280
limitation of tliis remedy .... .. 281 281
removal by certiorari, and subsequent proceed-
aetual settlers to have this remedy
judgment, no bar to other proceedings
form of writ of restitution . .
how circuit court to proceed
Foreclosure, (See Mortgages.) . .
Foreign Attachment, (See Attachments)
281, 283
2;.S1
281
281, 282
282
409
. . • 75
Foreign criminals, may be delivered over by governor 287
proceedings therefor . • . . 287 288
Foreman of grand jury, may administer oaths 47.9
Forfeiture of estates, abolished 20 214
Forgery and couiite.-fdting,
in the first degree .... ., lao lo^j
in the second degree .... . . ig^ ^^ jgg
in the third degree .... .. igg -i^-i
in the fourth degree, .... .... jot
other cases of,
to pass, or attempt to pass, forged instruments
or coin .... .... , o-r
• " • • Jo/
total erasure deemed forgery . .... jg^
joining parts of several inr-itruments .. 187,18b
what papers and signatures deemed writings 188
signatures of pretended officers of corporations 188
affixing signature of fictitious person Igg
false instruments in one's own name .... jgg
to aid, assist, abet, counsel or hire the commis-
sion of forgery . . igg^ jgg
Former acquittal, when a bar . .
for offences of different degi-ees ....
when not a bar .... ....
Fornication and incestuous connection ....
maliciously to accuse a person of, actionable
Franklin county, boundaries defined
Fraud, conveyances in trust, lo use, &c.
conveyance or assignment in writing, of land,
goods, &c., when void, . . ....
qualification as to subsequent purchasers 283
gift of goods, slaves, &c. void unless, &c. 283
loans of slaves, goods, ^'c. regulated .... 283
conveyances vali<l when delivered for record
^^'^" .... 286
not to extend to bona fide conveyances or sub-
211
214
214
205
581
134
283
283
Fraud,
sequent purchasers .... .... 286
what leases good without writing, .... 286
assignment and surrender of leases to be in
'^'■'*"'S •- .... 286
declaration?, and assignments of trust, 4-c. to
in writing .... .... ogg
force anfl effect of resulting trusts ijge
burninghouses, boats,gonds,&c. with intent, &c. 175
destroying or casting away boats or vessels
with intent, <R:c. .... .... jgj
officer guilty of, in his official capacity .. 200
and collusion, with insolvents, effect and lia-
bility for . . .... . . . , oQo
Frauds and Perjuries, (See Fraud, Contracts and
Promises) .. 11.7,282
Fraudulent conveyances, -purnshmsnt .. J 80 181
with intent to defraud purchasers or credit-
ors . - .... .. 180,181
parties and privies to, how punished 180, 181
parties to, liable to pay double damages to
party injured .... .... jgj
Fraudulent receipts, &c., given by guardians and
""■^t"'-^ •••• 295,296
Fraudulent pretences, obtaining monejr, &c. by, 180
obtaining signature to any instrument by 180
Freedom of speech and of the press declared . . 11, 28
FnEED0.M, action for, by persons held in slavery 284
person wishing to sue, to petition court, &c. 285
duty of court and proceedings in bringing suit 285
order for reasonable liberty, &c. of plaintiflf 285
orders to be endorsed on petition, 235
in case of improper restraint, &c 185
warrant to bring up petitioner . • 285
how and when executed 2§5
proceedings in such case 285, 286
form of action, declaration, pleas .... 286
judgment for plaintiff, its extent & effect 286
Fugitives fro.'j JusTicE,demanded, to given up 287
governor to issue his warrant .... 337
where and how to be executed 237
power of officer to whom directed 237
may be put in jail for safe keeping, when 2g7
expenses to be paid by the state .... 288
on account of crime, to bo taken up .... 288
may be conimitted or bailed . . 288
proceeding of jusJce, in such case 288
to be delivered up on demand . . 288
if out on bail^ to be taken . . 288
court may discharge or detain accused . . 288
how long kept in prison or held to bail .... 288
recognizanre forfeited, enures to this state 288
prosecutor to give security for costs . . 288, 289
INDEX.
671
Ficgitives from Justice^
costs and damages, how collected • • • • 2S9
anested and discharged, thuir remedy • • 2??, 2 >0
removed contrary to law, penalty • • • • 2i}0
from service or labor,
warrant for, service, return, proceedings • • 289
if he be a slave, and not property of claimant,
proceedings •• ■•. •• •••• '^89
if property of claimant, proceedings 290
fees and expenses, by whom paid .... 290
Fund;, road and canal, (See Road and Canal Fund) 553
arising from rent, lease, (i^-c. of seminary lands,
to be appropriated for support of a semi-
nary, &c. — • 24
for common schools, (See Schools and School
Lands) • • • • • • • • • • • • Sni
nett proceeds of lands forfeited for taxes, &.c. 544
Furnaces, for smelting lead, to be kept Inclosed 386
GALLON, standard of, to be kept • • • • C16
Gambling tables, keeping of, and enticing persons to
play at, &.c. punished • • 207, 308
permitting to be set up, &c. betting at, 4"c. 208
keepers of, how punished • • • • • • • • 208
leasing or letting houses to set up and keep in 208
who deemed a keeper of • • • • • • • • 208
conviction for keeping, lease forfeited • • 2')8
persons playing at, competent witness •• 208
keepers of, and tables to be brought before justice 209
power of the officer in taking tables or keeper 209
tables to be publicly destroyed • • • • 209
Gaming, property or money lost at, may be re-
covered • . . . .... .... Jj\)
heirs, ex''rs. adm'r. & creditors may sue, &c. 290, 29 1
judgments, contracts, bonds, &c. • • • • 291
pleadings and defence in suits, kc. on 291
party entitled to a discovery before J. P. • 291
Garnishee, who to be, and how summoned in at-
tachment • • • • . 77, 84, 85
when required to give bail • • • • • • • 78, 87
allegations, interrogatories, answer • 78, 79, 86
answer to interrogatories denied, trial, judg-
ment • • • • 79, 86
when to be discharged .... • 79, 8G, 87
compensation allowed to • • • • . • • • 79
execution against, when to issue • • • • 83, 88
(See Attachments) • • • • • • • • 75, 83
in attachment against corporations • • • • 126
proceedings against • • • • 126
to be credited for payments • • 126
when summoned by officer, ho'diug execution, 254
proceeding and judgment • • • • 254
when on justices, execution 3G6, 367
Gasconade County, boundarins defined • • • • 134
Gf/ieraii/^MfimWy, legislative power vested in • Ig
Gifts, made with intent to defraud creditors, &c. void 283
of goods and chattels, in trust, void, <Stc. • 2S3
of slaves, goods, <5*c. not on good roniideration,
void, &c . . . • 2^3
of slaves, to be by deed, recorded, <L-c. • • -233, 588
Goods and Chattels, what exempt from execution 255
gifts and conveyances of, to be by deed, recorded 233
void as to creditors Sc purchasers, except,ic. 233
loans of, to be evidenced bj' d^ed, recoided, Lc. 233
gifts of, in trust, void as to creditors k purchasers 283
burning of, with intent to (lefraud insurer, &c. 175
slaves declared to be .... .... 583
and slaves not to be moved out of the state,
without absolute right, ^c. • • • • • 586
Goods, &:c., foimd, finder to give notice to J. P. 397
(See Lost Goods and Money) • • • • 397
Governor, qualification, term of service, election, 2'^, 238
disqualification, powers and duties • • • • 2 ), 21
vacancies, how supplied • • • • • • • • 21, 22
compensation ••• ..... • 21,33,555
v/hat officer to act in case of vacancy • • • • 22
contested election determined by legislature 22, 242
how conducted, icstimonj', proceedings 242, 2I3
Grand Juries, qualification of persons to form 342
how to be summoned .... .... 34:-
non-attendance ofjuror after he is sworn, another
may be sworn • .... .... 342
may indict members of their own body . • 342
not to serve on petit jury at the same time 343
challenges to jurors • • • • • • • • 343
who exempt from serving on • .... 343
power of foreman .... .... 479
what matte-s to be secret • • • • 480, 481
procdedings of, generally, (See Practice, &c.
in Criminal Cases,) • • 478, 489
to be charged respecting disclosing proceedings 481
to be charged respecting grocers license • • 293
grocers license to be laid before « • 292, 293
to examine jails at each term • • • • 336
to make presentment of vagrants • • • • 614
to be given in charge, the act concerning saline
lands ^^^
the act concerning school lands, &c. 565
act concerning slaves • • • • 5«<7
Grand Larceny defined, puaished • • 177 to 180
(See Crimes and Punishments, title Grand
Larceny.)
Grants, to two or more, not joint tenancy, unless, Sx. 119
in fee tail, how to operate • •
(''ee Conveyances,) • • • • • • •
Green county, boundaries defined • • 134, 135
Gmre, opening, with intenttoremovedeadbodic* 20T
119
113
C72
INDEX.
GravCy
removing airl receiving dead bodies .... 207
Great Brihdn,, statuies of, not liiw, sines 4th of
James the first .... .... 373
Grocer};, notto open after .0 o'clock, A. M. on Sunday 200
Groceks, who (Inemcd .... .... i?9 1
license, dealing without, penalty • • • • t9?
how to issue, extent of .... .... 2f)l
penalty on, lor dealing witli slaves, 4'C. • 29 2
duty of grand jury and civil officers 292, 29
of collector, respecting • .... 292
this act to be given in charge to grand jury 293
list of licer.ses to be laid before 293
Guardians and Curators, father the natural
gua-dian of his child ..•• •••• 2';3
faihe- to give bond, when . • .... ■.^?,
appointed by court, chosen bv minor, when 293, 2' I
to prosecute and defend suits for waids • • 2)4
qualification of, to give bond, its contlition 294, 21")
additional security, when . . .... 2)5
appropriation for education of ward .• 295
real estate sold, leased, or mortgaged for 2)t
duty and responsibility o^ • • . . 295, 29 T
to account on oath, and mate settlements 291
how finally dis -hnrg -d .... .... 290
defiling his female ward ... .... 2^7
ward to be bound apprentice, when • • • . 67, 2 )"
lestavxentary g'lavdiau may be appointed • . 2)6
not accppting, court may appoint a guardian 2)fi
curators, when they may be appointed or chosen 294
chosen by ward, when .. .... 2)4
to prosecute and defend suits of ward ..... %) '^
age qualification, duties, &,c. of, to give bond,
its condition • • .... . . i94, 295
to make annual settlements, how enforced 295
receipts and discharge mny be gi.en by 295, 2)-;
liable fijr fraudulent receipts • .... 2')ii
how, finally to be discharge ;1 . .... 29G
Guardians of insane persons, (. ee Insane Persons,) S22
Guide boards, maliciously injuring \til
HABEAS CORPU,^, privilege; of, shall not be sus-
pended, unless • . • • . .... 4, 25
proceeding, to obtaui vrrit, and form thereof 297
who may proscute writ of • • .... 297
howand to whomapplicationfor,tob8 made 297
writs of, to be g -anted without delay 297
wfen to be issued by court or ju Iges, without
petition 297, 298
wirt. to be in name of the state, what it shall
cunr- in to whom directed .• .... 2-J-
issued by court, judge or justice how .... 298
to be endorsed "by the habeas corpus act" 298
ofthescrrice, and return of the writ, and matteri
incident thereto • • .... .... 298
how writ may he served .... .... 299
to bs o'.ieycd and return made, whrn, &c. 299
w'l-it facts to be stated in return • .. 299, 3rt0
rot I'U to be signed, when to be verified by oath 3''0
proieeding=: on the return .... .... 2f)Q
refusing to make, proceedings • . • • 300
examination &.C., to be brought up with prison-
ers charged wii!i crime • • .... 301
proceedings on failure • • . • • • • 301
when committing magistrate to appear at the
return of the writ .... .... 301
may be compelled to altsnd by attachment 301
of the hearing, VLni^ other proceedings on the return 301
on return a day to bs set for hearing .... 3O2
proceed'ng on the hearing, of tlie cause >. 3'J2
no slave to be dis-jhargetl, nor -ight to fjeedom
tried . • 302
in what raxes, to be discharged, when in custody on
judicial process •••• .... .. 302,303
to be bailed or recommitted on criminal chai^ges
when ...» 303
how to proceed in examination, when offence is
clearly set forth in commitment .... 393, 394
prisoner held to answer for bailable offence
proje3di:ig3. • • • ••.• .... 304
witnes to be recognised <S:c., • . .... 304
prisoner need not be brought up on writ, when 304,305
proceedings in such case .... 304
how, order for discharge of prisoner may be en-
forced 305
miscellaneous prori'fions, .... .... 305
warrant to bring up prisoners, when and how
to issue, to whom directed • .... 305
proceedings against persons having prisoners in
custorly .... .... .... 306
prisonei- discharged, not to be e-imprisoned 306
proceedings if prisoner obtain as3:;o;id writ 308
refusal or delay to issue writ of, penalty . » 3 )7
penalties incurred, and proceedings . • 3J7, 308
vthoniay sue for a: d re::o/er .... 30S
proceedings on suits for .... 308
to bring up prisoner for trial, when • • 337, 338
convicts, to be brought up by , to testify • • • 443
Habitations, combining to remove or expel inmates
of 166
^I.i'Alual Drunkenness, good cause for a divorce 225
'lalf blood, relatives of, when to inherit • . • • 223
'/;ir')ortv^, apprentices, servant-, slaves, &c. • 318
frse negro's or inulattoes ... .... 4I6
or eecreting boatmem • • • • • • . • 101
INDEX.
©75
Harboring^
or concealing criminal after he has committed
fuloiiy • . • ■ • • • • ....
non-commissioned oSicers or soldiers of U. S.
Heiri,.^ term not necessary to convey a fee simple
may apply to have dower assigned ....
not to be prejudiced By collusive recoveries of
dower .... .... . . 231,
execution, how to issue against • • • •
judgments and decrees survive to, when . •
may be revi \'ed against, when • .
Highways, (?ee Roads and Highways) • • • •
Hogs, marking or altering the mark with intent to
steal, larceny . .... ....
wilfully killing, with intent to steal, larceny
persons killing in the woods to show head and
ears, penalty for neglect . . ....
(See ]\Iarks and Brands) ....
Hog stealing, deemed gvand larceny ....
punishment for • • .... ....
Holding over, by tenant, after g'^ing notice of his
intention to quit, to pay double rent . •
by tenant, &c. after notice to quit, and demand
of possession, to pay double rent ....
Homicide, (^?ee Crimes and PunishmciUs, title
Homicide)
Horse sir aliag, declared grand larceny • • • •
punishnjentfor • • .... ....
Houses, wanton cruelty to, how punished • • • •
to kill, maim, or wound .... ....
administering or exposing poison to ....
altering brand of, with intent to steal . . • •
(See Marks and Brands)
seed, above eighteen months old, not suffered to
run at large ... • • • • • . • •
found running at large, how dealt with • . •
may be killed, if they cannot be taken up
Hotchpot, advancements to be biought into • . •
House breaking, in day or night, how ])unished, (?ee
Burglary) • • 17.'),
House burning, (See Arson) • • • • • • 174,
Houses, bawdy, conviction of lessee for ....
keeping of, how punished • • • ....
leasing of, who desvned keeper of • • • •
Halliard County, boundaries defined ....
House of Representatives, of U. S. Iiow constituted
qualification and election of members • • • •
appotionment, ratio, census • ....
speak." 1 '.md other oflicers • • • • • • •
of state legislature, how constituted ....
qualification i- apportionmaat of ms^inbers
( 'ee Legislature) • • • • • • • •
Husband & ^V'/^y "^^J' convey roal estate of the wife
86
2;2
iiy
231
232
253
aio
310
544
17S
17b
SDO
398
177
178
S7G
177
I -•;,
181
18!
178
3D8
308
3:18
30.-
222
170
17-
2 '8
a;;8
21)8
13.'.
]
]
IG
Ifi
387
12^
Husband and TViJe,
for what causes and how divorced, (See Divorce) 225
children, how supported in case of a divorce 226
husband abandoning his family, court to decree
allov%'nnce • • . .... .... 22a
husband may recover rent due on estate of the
wife 376
(3se ?.Iarriage) 401
IDIOTS AND LUNATICS, (See Insane Persons) 322
I.MrEAcn.MEXTS, of U. S. ofacers, tried by U. S.
senate .... .... .... 2
president of U. S. and other officers, liable to 7
what state officers subject to • .... 19
to be made by house of representatives, tried by
senate .... .... .... 19
artirics to be preferred by the hor.sa of repre-
sentatives • . • .... .... 309
managers to be elected .... .... 309
ofP.cer iin.peached, suspsnded . .... 309
appointment pro te.ra. of officers to be made 309
summons with copy of articles annexed to issue 309
v.hcn, how, and by wliom summons executed 309
appearance, pleadings §• subsequent proceedings 310
acfused failing to appear, senate to proceed
ex n-j.rt" .... .... .... 310
])residentand members of senate to be sworn 310
trial, how conducted, ])owerof the court, &;c. 310
con-iction, subsequent proceedings •••• 310
form and artestatimof writs, &c. . • 310, 311
Impotenry, cause of divorce .... .... 225
Tin.pri-sonriicnt, ( 'ee Jails, Jailors and Habeas
TorpnO -.331,236
T<nprisoned debtor, ('^ee Insolvent Debtor) .... 328
Improvements, on land recovered in ejectment, whcii
to be paid for . 236
(^eeEject:r.-jnt;) 234
Incest, dechi-ed • • • • • • • • • • ■ . 401
punishment of • • • • • • .... 206
Incendiaries, (See Arson,) .... . . 174., 175
'nclosurks, fields kep,t for, shall be inclosed, how 311
what sl'iall bi deemed sufficient .... 311
animals trespassing, owner liable for damages 311
for the third trespass, animals may be killed 311
on complaint of trespass, view to be had . 311
if insuiiicient, persons injuring or killii'.g to pay
double dam ig'.s .... .... 312
Indented ^Ipprcnliccs, (See Apprentice,) • • G6
IxDi.^N's, trade and intercourse vv'ith, restrained 312
certain trade with, piohibitcd .... 312
to sell, exchange, or give liquor to 312
p3 lalt'p;!, how appropriated • .... 312
general or field officers of militia, may order
removal of • • • • • • .... 312
674
INDEX.
Indians^
commissioned oTirer to hava command of militia o1 Q
hi? po'.vevs nnd duties .••• .'M 2
no (:r)m;)'>!iiation for such ssrvice 31 "2
/n.-f/V/men^T, bovv to nonchide .•• .... 'Jl
on charge for kidnapping, in v.hat count}' may
be tried • • • • • • • • 17 2
for bigTTiy, mdv be fonnd and tried, when 996
for «teal:ng property' in amdier state and bring-
ing herfi .... .... .... Ojo
for offences consisting of different degrees, con-
fiction on •• .... .... 214
cha'ging intent to defraud in, what snTicient 2!7
in cnse=i of buying, receiving or secreting property
stolen or enibezzleH, not necessary to aver
or pr.) -p conviction of principal .... 180
(""■ee Pnctice, &c. in Criminal Cases,) • AB1
Indigent verson"^ ( 'ee Poor,) •• ••.. 44S
InfamtiLs cnme^ definition of the term • • • • 21(5
persons convicted of, disqualified to vote, &c. 21 f>
Infanri', parol shall not demur • • • • • • 4.'>8
Infanta, cannot devise land • • • • • • • • 617
appropriation to be made for support of • • 6!
may make «'ill of personal estate if over 18 years 6'7
cannot be executor or administrator .... 41
guardians, to be appointed for, (^:ce Guardians
and Curators,) 293
when hound nppreatices, (-ee Appreniices and
Vagrants,) - 66, GI3
not to be prejudiced by collusive recovery of
dower .. 23', 232
authorised to mainta-n Slits • .... 45fi
in jiistices courts •• .... .^o"?
next frien I for ho-v a|)'jO!nl°rl, his liability 4'^(i
■n i'lsti •es'' courts • .... So^
defen-lants,^unrr!ian<7rf/'fpm for, how appointed ■I.t'i
in iunfices'' ro:i-t<--, not liable for costs 3.rl
/wro'-W7cf^/')?j.r, in nafire of Q«o Warranto •• 523
Inhahitnnh of thn slat'-, census of If., 101
I.\JU.\cTio\s, nnv hs g.antsd in ejectment on a
claim for improvements • • .... 23fi
who may grant • • • • • • • • • 313
to what court rettn-nable • • .... 313
to stay proceedings at law, where to be had,
suhpnr-na, where directed • .... "1 3
notice, contents, service •• •• 313, 3'4
extent of. to stay proceedings at law •••• 314
to ope-ate as a release of errors •••• 314
bond to he g"'en, '-onditiou, where filed • • 314
decr"^, bow enforced, damages, «SiLC. •••• 314
noti-e of application for, not required, vr'^cn 314
apiilicatioii overruled, proceeding', &.c. • • 314
breach of, punishable as for a contempt • • 314
Injunctions^
after answer filed, motion to dissolve eilways in
order .... 314
procecd'ngs on motion to dissolve . • 314, 315
court always open for granting • .... 315
Inns an!> TAvF.a.VR, not to bs kept withoat license 316
])enalty for keeping w'thout license •••. 316
licenses granted by count}' court 316
application for licenses 316
what facts applicant must show • — • 316
duty of court, lic?nse, rate fixed, i-c. • • • > 316
license be granted to keep an inn &c., when 316
order granting, what to contain .... 316
copy of order to be delivered to applicant • 316
bond filed, collectors receipt produced, license to
be issued .. 316,317
facts to be recited in the licenses, how authen-
ticated .... 317
license expiring in vacation, extended by clerk,
how 317
good entertainment, bedding &c. to be kept 317,318
penalty for not b-^ing prepared to keep, &c. 31 8
to receive, harbor, or deal with minor 318
apprentice, servant or slave 318
for selling liquor to, harboring, ^-c. 318
deemed guilty of keepingdisorderly house, when 318
penalty for keeping disorderly house .... 318
for permitting unlawful gaming • 318,319
what acts deemed a breach of the bond 31 _
fin?s and penalt'es appropriated .... 31g
persons keeping private entertainment on the
road not to get license •• .... 319
list of license to be furnished to attonny general 3l"
duty of civil officers to give information, ix. 319
of attorny general and circuit attorney 319
not to extend to grocers • • • • 319
Tn'tuests, costs on, how paid • . .... 2*19
to bs taken by coroner .... .... 320
warrant to he issued for a jury .... 3"20
dny of constable .... .... 3'20
proceedings to take, jury empannelled, sworn 320
jury to be charged, their verdict, testimony how
taken • . 320, 32l
to remain together, proclamation to beTnade
for Witnesses .... .... 321
recognizance to be taken in certain cases •• 32'-
inquisition, evidence, <tc. to be returned by
coroner .... .... .... 32'-
if death found by felony, proceedings ••.• 321
judge orjnstice of the peace may discharge duties
of coroner, when .... .... 3-1
constable unalile toattend,someotherpersontoact 321
person doing duties of constable, his liability 321
INDEX.
67»
Inquiry of damages • •••• •'••
Insane peksoxs, conrts to appoin*, aivl control
guartiiana or • • • • • • "^ "
on application inq.iiry of, to be mads by a jury 3 23
duty of civil officers t. give information of, in
, . , n2*5
tneir county • "
on verdict of jury, guadian appointed, v.hen 12^
costs of proc33ding how paid • '^'•'
how paid if the persin be discharged • 3J3
inqusition sst aside, now jury empanelled, wh.en,
effectot ••.. •^■•^
guardian to give bond its condition • • • • 3 >r!
newhond ovadlition-ilsor.irit/ may bs r3(!uirsd 3 23
bond where deposited, certified copy evidence 3 I '.
notice of guavdianshi]) to hs publishid, when 3 2 !
guardian to tako charge of insane person • • o J !
to provide for support of ward • • 321
to t ike charge of the goods, monev, i;c. 3 ]4
to make out & file inventory of effects,
*! 1 '
iic. when . • • • .... j ,
to file additional inventory, when 3 21
to prosecute and defend suits by and
against .... o . i
to culloct debts, give acciuittancss, kc 3 21
power of court over estates of •••• 32^
real estate of, may ba sold, on petition, kn. 3 21, 3 V
what facts petition to contain • • • • ^ - '
on examination of pstition, suLj, leas ug or
mortgage may be ordered • • • • • • 3 ^.)
proceedings on, & proceeds how applied 32.;
report made, z< nfirm6d, proceedings .... 3 2- >
disapproved, pro.^.eedii)gs 3-->
deed to be made by guardian, when, its effect 3 J.i
guardian to make settlement, when, how 3 2."), 2.2()
not to be held to bail, contracts of, void • • 3 ■ G
process against, served on guardian 3 > >
appropriation to support, waen, proceedings 3 2:i
upon allegation of restoration to right m.nd,
,• . 3^'-
proeecdings • ■""
iu case of death, guardianship to ceas?, ac-
counts to be settled ., •--
court may remove guardian, when
removed, proceedings
power and control of courts over guardians
may be confined, when
expenses attending coaUiiement, how paid
appropriations made by tlie county, howrecovered 3 27
Insurance^ burning houses, -oods, «tc. with intent
to defraud insurer -'^
casting awaj^, or to destroy vessel, kc with
intent, &c. 181
//ijwrrediono/skres, how punished .... IGG, 167
ILsTEUEsr, rate of, at G per cent. 333
special agreement for interest not exceeding 10
per cent, valid 33
on judgments, what 333
illegal^ i-ontracted for, defence, pie id ng-i • • 333
effect of, and anionnt of recovery .... 333
latent to defraud, respecting whom it may be charged JI7
Internal improtemenln, to be encourKged • • • ■ '^^
( ~ee Road and Canal Func',) — 5.-3
Interpleader, by parsons claim ng property attached ctO
Iiderprders, may bs appo'nted by coiiit* • • • • '-^S
their fies regulated •• '■'''"•> ^'J
intestates' estates, administratifm of • • • -?" to ^'•'>
("'ee Adii iiistration.) — ^^'
distr.bur.on o'', ( ee Descents & Distributions,) 11
I-i,v?ntori/:t, made and returned by ox'r. i adnj'r. 46
made and ret-irne.l by gua diaa of iubanj peson 3 '4
I.\solve>;m- Debtors, application for relief, liow
aiid to whom made .... 3-3
to be bro ight before judg-, justice or clerk 3i8
S'diedule to accompany the petition, its con-
tents 328, 3-39
affidavit to bo annexed, &.c. its form • • • • 329
copy of schedule to be daiivere to sheriff, &.c. 329
sheriff to certify schedule delivered, c'cc. • 329
proceedings to obtain discha-ge uiu 1 next court 329
scheilules and papers, to he certified to circuit
court 3Ja, 330
notice f )r final discharge, to be published 330
if no notice published, effsi.t of 330
trustee I'or benefit of creditors to he appointed 330
to take o;ith and give bonds, its condition 330
property and effects, to be vested iu 330
sheriff, ^s. to transfer property and ef-
fects to 330
may sue f)r and recover property, <Sic. ''30
to make dividends among creditors 331
duties, powers, liabilities of, &c. 33.1, 331
creditors not laying claims before, to be
3 2/
3J7
327
3 27
331
331
331
331
330
barred • • • • • • • •
may be removed from oTi.-e, when •
his co:npjnsation .... • • •
sheriff to act until trustee appointed
sales, of property may be ordered, when
effect of judgments and contracts against, "fter
application • • • • • • • • * ' 339
money or property after payment of debts, dis-
position of •• •••• •^'^^
creditors may exhibit allegitions of fraud, pro-
ceedings • • • • 331, 332
debtor fointl guilty of fraud, eff-ct of • • • 332
creditors may file allegations against other persons 33J
facts to be alledged by, proceedings 33 5
67G
I i\ JL> E X.
Insolrent de'torr,
fiitl f^scSage, ho'-vobtai'ii^d, etiert of .. 332
if ag-ii-i ar;e-;tefl to be clisfhaise,! on vie-.v of
certificate . . .... . . 33 ', 333
on on'g"n-i; process c viiinon bail to be
aoi^epted .... .... ^"3
estate i-cTocts of, liable for debts after discbai-ge 3r3
JAIL^, (~ee JaiJs anf! Jalors) . . 3.^4
to be kept in repair at enchcorint}' seat •. . 33.',
sheriff to have the custorfy, nile, keeping of, &c. 335
kee;)er to receive persons cominittod .... 33",
criminal and debtor, confined in diiTercnt rooms 33:>
female to be kept separate from the males 335
convicts, to pay their own expense, property
bound for • • . . .... -^o-
• • • • o.io
bsfore and after conviction 336
property of, to pay expense may be sold
by order of court •• .... 335
detained for fme and costs, may be dis-
charged, how 335
before discharge, to take insolvent debt-
or's oath .... .... 335
poor, how provided for . . 33.'>, 3.;S !
except felons, to have certain privileges 336
to be humanely treated .... 336
to be examined by grand juries, reports to
court, &.C. ... 336
prisoner for debt, maintained by plaintiff, when 33(;
dischargsd by sheriff if expenses not paid 336
committed to jail of different comity, when 337
in such case how removed .... 338
U. S. prisoners to be receiv-wl and detained in 33!]
if out of repair, duty of sheriff and co^n-t 337
deputy jaiipr may be appointed and ren>o ved 337
if insulncient, proceedings ... .... 337
sheriff or keeper to obey writ for removal • 338
failing to obey, penalty . 333
may also be removed from oface 338
fees of, in commi tting and removing prisoner 338
prisoner from a nother county, expenses how paid 338
sheriff may be imprisoned in jail of his own
count}', when . .... .... 33^
Jailors, may be appointed by sheriff 335
sheriff liable for acts of ... . .... 335
to receive prisoners, ^c. .... .... 335
neglect of duiy, penalty .... .... 335
liability of, in case of U. S. prisoners . . 338, 337
fees of, to be paid by U, S. for use of jails 337
deputy may be appointed in certain cases . 337
compensation to, may be allowed • . • 337
removable, at pleasure of sheriff .... 337
duty and liability of, in removing prisoners by
habeas corpus • .... .... 333
Jackson Counfy, boundaries denned
^eji-rson County^ boundaries dj.lned
To'm%on Co-mt;;, boundaries defiOfid
Joint contra.' t; declared joint and several .
Joint dcU'jrs, proceedings against at law .
in justices cojris . .
in cases of attachment
in justices courts
•135
135
135
118
451
351
76
349
Toint decrees, one or more plaintiffs dying, pro-
ceedings .... .... .... 340
in case of death of one or more defendants 340
Joint judgmcjilf, one or more plaintiff or defendant
''y''''S. 340
Joint tenancj/, can only exist in certain cases • • 119
Joint tenants, may have actions of account . • • ,37-
ejectment by one against another .... 235
partition between, (aee Partition) .... 403
Jointure, when to bar dower • • . . .... 229
failing, right to dower restored .... 229
forfaite<l, if dower be demanded in certain cases 229
wiien barred .... .... .... 229
Journals, each house of coagi-ess to keep and publish 3
each house of the general assembly to keep and
publish .... .... .... 28
.luDGjsEXTs, lien of, in supreme court .... 339-
in the circuit and county court 339
commencement and duration of 339
sale under junior, subject to lien- of prior • 333
revived by scire facias, by whom, how . . 339, 340
against adm'r. rfe honis non, when .... 340
revived, execution on, how sued out • • • • 340
satisfaction of, how and by whom acknowl-
edged .. 340,341
acknowledgment of, to b- recorded, if made
in court . • .... .... 241
if made in vacation, proceedings .... 341
if made by an agent, his authority to be filed 341
discharged, when satisfaction is entered . • • 34I
• receiving satisfaction, refusing to acknowledge,
proceedings . • .... .... 341
docket of, to be kept .... .... 341
docketing, when, how .... .... 341
form of docket, fiicts to l)e noted in .... 34I
clerk failing to keep dojket, &c. penalty • • 341
definition of the term " real osiate" .... 343
personating another in confessing .... 189
on gaming consideration, void .... 291
not to be enquired into on /tai/eascorpuj .. 3O3
transcripts of, in cases of forcible entry and
detainer filed, lien, Lc. • • . • .... 282
by covin in dower, not to prejudice the heir, &c. 232
piosumption of payment of, how repelled • 396
I N J) E X.
677
Judgment's^
on attachment'!, ia circuit courts, against de-
fendants • • • •. .... .... 77
by default, against garnishee .... 79
against garnishee, on trial of issues 79
by default, in attachment, may be set aside,
when, how ... .... .... Q^
may he dissolved before made final, when 80, 81
in just'ces' courts, on attachment, against de-
fendant .... .... .... 8.')
aga'nst garnishes . • 8(i
in justices courts, by confession • ■ . ■ 36 J
mutual, maj' be set off .... .... 3(5 j
of non-suit, with costs .... .... ^•"■i
for defendant, with costs .... .... 3.3
of non-suit in other cases • • . • • • • 3 jJ
by default, when • .... .... 3,")!)
for the defendant, though plaintiff appear, when 3")9
by default and non-suit may be set aside • • 3 V.)
may be given by justice, after jury discharged 361
to be rendered by justce forthwith, when, al-
lowed three days, when • • • .... 3G3
for more than justices' jiu'isdiclion, party may
remit .... .... .... 3r3
may be stayed, how .... . . 363, 364
transcript filed, a lien .... .... 364
against appellant and security • • • • 371
in breaches of the peace, on appeal to be af-
firmed, wiien . . .... .... 374
on affirmance, to be also against security 374
in circuit courts, on award of arbitrators • • • 73
report of referees .... 74
in actions of account .... .... 33
in ejectment ••• .... .. 235,236
on appeal from justice, how to be rendered 37 1
on appeal from county court • • .... G3, 64
Judicial districts and circuits, established 23, 162, 163
Judiciary, of U. S. constituted • • • • • • 7
jurisdiction and power .... 7, 12
on trials for crimes, proceedings 7
of the state, courts established • . 23, 24, 32
(See also Courts, Judges)
(See Practice at Law) • • • • 450
Judicial proceedings, o{ one slate, to have faith and
credit in ever)' other .... .... 8
Jurisdiction, of United States courts .... 7, 12
of state courts in law and equity .'3,3 2, ] 55, 1 56, 1 57
of circuit court in criminal cases .... 21.5
of justice of the peace, in civil cases .... 348
in cases of breach of the peace 346, 37J
Jury, right of trial by, secured • . • • • • • 11
right of trial by, to rcm:iin inviolate • • • 27
disagreeing, may be discharged, without prejudice 28
Jury,
J:ow summoned in "ourts of record .... 342
in justices courti^, ia ci.il cases .... 36")
in cases of breach of the peace 373
for trying right of p.operty taken in executicm 257
t:iken on justices' judgments 317
in cases of forcible entry and detainer • • • • 279
for holding inquest?, how summoned .... 320
(See J urors) .... .... 342
issues of fact, to be tried by, in chancery • 511
of part aliens, triwlished .... .... 489
special, may be ordered, when .... 343
may be empannelled to try issues in writs of
ne exeat • • • • ■ • • • .... 412
JuRons, in courts of record, how summoned • • 342
grand, qualification .... .... 342
to be summoned six days before each term 342
non-attendance of, after qualified, talesman to
be sworn .... .... .... 342
ma)' be indicted by their own body .... 342
may be challenged or discharged, for want of
qualification • • .... .... 343
not to serve on petit jury at same term • . • 343
(See Practice &c. in Criminal cases) • • 478, 489
(See also title Grand Juries)
petit, qualification, may be challenged, when • 343
exceptions to, when to be taken .... 343
challenge, for cause, in what cases .... 490
peremptory, in civil cases .... 343
in criminal cases •• 489,490
service of to be equalized .... .... 343
exemption from service .... .... 343
penalty for non-attendance • • .... 343
who to be summoned, by whom .... 343
how summoned injustices' courts .... 36O
in cases of breach of the peace 373
for tr3ing right of property taken on execution 257
on justices' judgments .... 367
in cases of forcible entry and detainer • • • 279
for holding inquests, how summoned .... 320
Justice, to be administered without sale, denied or
delay 27
JtisTiciS OF THE Peace, foin- to be elected in each
municipal township .... .... 344
who not eligible, vacancies, how filled .... 344
by whom commissioned, tenure of ofitice •• 345
order for election, notice, election, return • 345
in case of a tie, or contested election, how de-
cided 345
to take oath, qualify, effect of failure .... 345
certificate and oath to be recorded .... ^45
acceptance of connnission, what deemed, to be
certified to the Kovernor • • • .... 345
678
INDEX.
Justices of the Peace,
whfin township is divided, effect of .... 345
jurisdiction of, throughout tiieir county • . • 34n
in civil cases .... .... 3 '8
in casss of breach of the peace 37;3
may require recognizance to be given in certain
cases . • • . .... .... 316
failing to give, may be commitied 316
not to act, until his commission is recorded,
penalty for • • • .... .... 3 fS
contempt, ^ases of, may punish for, proceedings 316
may grant siibpccnas, for witnesses to courts of
record .. 3;i', 3!7
for witnesses for referees &. arbitrators 317
to give their depositions 3 17
convicted of infamous crimes, to be removed 3 i7
resignation of, how made anrl addressed •• 317
docliet, papers, &.c. in such case, how disposed of 3 17
fees established and regulated .... 21 '2
to mnke returns of fines imposed, to county
treasurer .... .... .... 375
jurisdiction and pou-t^r, concerning apprentices,
&c. and <heir masters • • • • .... 68, 6D
in suits for damages, penalties, Sec. in case of
lead furuai'es • .... .... 36
in controversies between boatmtn &• commander 10!
in talking proof, aclinowledgment, &c. of deads 120
in taking and returning depositions .. 220,221
iu cases of forcible entry and detainer .... 278
IH apprehending and committing fugitives, fcc 28ti
to hold inquests . • .... .... S>]
to appoint fence viewers, &c. • .... 3 ! l
in actions concerning certain trespasses ... 612
in apprehending vagrants .... .... G'3
in des'troying gaming tables • ■ .... 209
incase of insane persons • • • • .... 3 ,'7
to solemnize marriages .... .... 401
respecting free negroes and mulattoes .... 4 ' 3
concerning slaves, (See Slaves) .. 581,588
JosTicEs' Courts, proceedings in, regulated • 347
jurisdiction of, • .... .... 348
concurrent with the circuit court .... 348
fio-extcnsive with the county, when . . 318
in what township action to be brought .348, 349
suits by atfichment, how Sc when brought 349
if there is no justice in township, or all
interested .... .... 349
in circuit court properly cognizable be-
fore justice, effect of .... 348
may be instituted by summons or warrant 348
, of the commencement of suits, service and return
of process • • • .... .... 349
to be held, onco in each month • • • • 350
Justices'' Courts,
docket of proceedings in, to be kept • • • • 350
what to be entered in the docket, entries, &c. 350
justice may make other entries, wlien • • • • 35o
suit', how commenced, I)y what process 350,351 , 352
by voluntary appearance, when • • • 350
on instruments of writing alledged to be
lost • . . 350, 351
process in, how to run, when dated, to
bs signed, &,c. • • .... 352
to be discontinued, if defendant
pays debt and costs • • 352, 353
sumvions, when to issue, to whom directed 351
form of, when and how executed 351, 352
service, return, appearance, plead-
ings • . 352, 353, 354
warrant, when to issue, service, return, pro-
ceedings .... .... 352
party may appear by agent .... SilS
next friends and guardians for infant
parties • . .... . . 333, 354
agents, how appointed, agency how proved 3 )4
set offs, and proceed mgs thereon 354, 355
pleas, &c. of title to lands .... 355
subsequent proceedings in circuit court 355
adjournments, by the justices .... 355
on the application of either party • 355
by consent of both parties .... 355
on suits by warrant, pleadings 355, 3 16
wfines.??.?, subposnas for, when valid •• 356
attachment against • . .... 356
fine for refusing to appear .... 350
proceedings to collect • .... 336
competency of, their oath .... SlJO
also liable for damages .... 3')6
justice, witness or of kin, proceedings SG^
either party may be summoned and
examined as .... .... 36O
depositions, may bo taken, proceedings in 356
may be read on trials, when • • 356, 357
judgments, of nn»-sn'it, against plaintiff, when 359
by default, against defendant • 358, 359
by default and non-suit, may be set aside 359
set aside, proceedings .... 359
trials, when and how to be had .... 359
of sui ts on con 1 racts, to be on i ts merits 359,360
on bonds and notes, considerhtion may
be impeached .... . . 359, 330
when and how by a jury .... 360
instruments of writing, when received in
evidence, unless denied on oath • 361
verdict of jury .... .... 3C1
jury when to be discharged, new venire 361
INDEX
079
Justices^ Courts,
judgments and filing transcripts thereof • 3G0
may be given by justice !iy consent of
parties, after jury discharged •• 3S'
by confes=!ion, how taken .... 3G2
mutual, ma}' be set oft" by justice, when 3^3
proceedings to set offinntual judgment 382,303
when defendant do not appear .• 3')0
of non-suit .... .... 303
in other cases • .... 3:3
for defendant, though he do not appear,
when . . . 3')8, 3')5
for defendant in other cases .... 3u3
for plaintiff, with osts .... 3 .3
to be rendeied forthwith, when • • 36o
payment of, to justice, not good • 3118
to be rendered on three day?, when oG'
party maj' remit part of, when . • oG3
constables to receive money on, i^' give
receipts . • • • • • 367, 3G8
transcript of, to be filed, effect of . • • • 3G4
executions, against what property to issusd 3G5
direction of, its date and return .. 36.')
against the body, when • • • • 36 =
form of, " ■ . . • 3Go, 3'ii>
may be stayed, extent of .... 3ij3
time of receiving, to be endorsed by the
officer .... .... 2Go
may be issued to another township, when jGG
renewal of, how made • .... 3(;b
duty of constable on execution •• 366
sale, notice, returnday money to be paid 3 :G
garishee may be summoned • • 356, 3G7
defendant, when to be imprisoned • 3G<
property levied on,claimcd by third person 3 j7
remedy against constable .... 368
appeals, to circuit court, when and how
taken •••■ 369,370
duty of justice, when appeal is taken 370
on judgments by default,proceediiigs before 3 )9
circuitcount, may compel return of papers 37 J
may compel justice to allow appeal 370
trial and proceedings on, in circuit
court 370,371
execution satisfied by sccurity,his remedy 371
Justices' courts in cases of breach of the
PEACE • • • • • • • • • 3/2
how regulated and governed • .... 3 1 :^
what offences cognizable • .... o7~
warrant to issued, when • • • • 372, 373
return of, proceedings of justice to be
summary .... 37"^
cause may be postponed, when, how • • . • 373
Justices Courts,
proceedings on breach of recognizance •• 373
justice may stop the trial, anfl proceed as in
case cognizable before circuit court, when 373
continued, witness not to be resummoned • 375
amount of fine to be certified to county treasurer 37.5
prosecutor, to be marked, liable for costs . 373, 374
competent witness ■ • • • 373
trial, judgment, execution, appeal 373,374,374
witnesses recognized .... .... 374
proceedings certified .... •••. 374
judgment affirmed, proceedings • • • • 374
executic n on, how satisfied • • • • 374
7>cnoZ<)'es, on officers for neglect of duty •••• 3i5
on persons refusing assistance &c., to arrest &c 375
how recovered • . • . .... .... Si a
'INDRED, of half blood, to inherit half portions 223
Kidnapjnng defined, when tried - . .... 172
accessary after the fact in .... 21^
LAFAYE 1 TE COUNTY, bounderies defined 135
Land-, legislature not to interfere with the primary dis-
posal of .... .... .... 2j
of United Sta es, not to be taxed 25
of non-residents, taxed as others .... 2o
saline, (see Saline Lands,) • • • • • • • • J^o
school, (see Schools and School Lands,) 5?2
seminary, (see Seminary Lands.) • • • • 576
of testator or intestate, how disposed of, (see
Adm'rdstrotion,) .... .... 5'-, 54
title to, how enforced ag-\inst testator or intes-
tate, b3,^A
con evances of, regulated, (see Conve3-a.nce) 119
co'.uities, may hold and convey •••• 1 "'■-
how acquired ior locating county seats 144, 145
balances due counties, to be a lien on ■ • 151
dower of widow in, how set apart, • • • • 230
dower of widow in, regardless of debts, 228
escheat, in what cases to be, proceedings 246
aliens, enabled to hold and transmit • • > • 66
liable to execution, iiow sold and conveyed 256, 259
conveyance with intent to defraud • • • • 283
leases, grants, &c. when to be in writing 284
of minors, may be leased, morgaged or sold 295
of insane persons, may be sold, mortgaged,
&c. 324,325
judgments and decrees, a lien on • • • • 339
decrees concerning, to be recorded . • • • 403
mortgnges, how foreclosed, and sold • . • • 40.9
partition, who may enforce, proceedings 421
rate of tax on, exemptions, how entered for
tax • 529, 530
lien for taxes, and arrearages of taxes, to be
perpetual • • • • • • • • • • • • ^^^
680
INDEX.
sales for taxes, where to be mafle, pronep'lings 54.'?
wills p.iss.ng, who comoj-tent to innke fi'7
when bTiinrl by justices' jndg-n^iits .... 364
actions for, time of cominsncing .... 39 >
taking possession of, by force or violence ■201, 21)4
sale, lease or morlgfige of, helonging to convict 504
Landlord and Tenant, leases, in writing when ^84
assignment & surrender of leases to be in wiitiiig '284
rent may be recovered by executor or adminis-
trator, when .... .... 376
dependants upon the life of another .. .' 7(5
due on estate of wifp, recoverable byhusband 37G
in arrsar, upon lease for life .... 376
tenant, liable for double rent, when 376, 377
atto -nment to a stranger, void, except, <SLc. 377
actions for use and occupation, proceedings 377
landlord has a lien on the crop growing 377
ejectment against tenant, when . 376. 377
lessee barred, after six months in certain
fease^ 377, .-578
payment or tender of rent, effect of 377
mortgages, paying rent &c. not barred 378
Lapse of time, pre&irmption of payment arising from 396
Larceny, (See Crimes k Punishments, tittle Larcen3^)
Laws, expost facto, shall not be passed • • • . 4, 28
impairing obligition of contracts, forbidden 28
constitution, laws and treaties of U. S. decla-
red supreme .... .... 9
limitation ofthe power ofcongress relating to 4, 5, 11
of state k'g'slature, in passing 18, 19, :i5, :2
style of the statutes of the state .... 00
retrospective in their operation, shall not be
passed .... .... .... ^d
revision, digest and promulgation to be r.ir.de
every ten years .... .... O)
private acts, printed by authority, competent
evidence .... .... .... 2j;J
of sister states &c or certified copies, evidence 250
common law, kc. in force, except, S(c. 378
how authenticated, when passed without gov-
ernor's consent .... .... 37;)
if biJl not returned by gov-
ernor within ten days 3/9
repealing former acts, construction and ef-
fe.ts 3;.) 3 ;"'
when to take effeci, if not othefwse pro/ided 3 ' )
revised, an edition to be published and distributed 3 : I
contents of .... .... 3 ^ '•, 3 ■
how to b;! published, typ''; index S;r. .... 3
8'.ip:viiiteiideiit of prim lig, his duties ... 3-:
distribution to be made by secretary of state,
how .*.. •••• .... 3^2
Laws,
what officers ent'tlpd to copies .... 390
in cise of ds ith, res gn uioii, &.c. copies to be
returned .... .... .... 3)8
pnrate, local, and temporary acts, how published
and distributed .... .... gyi 3 3
construction of certain terms used in revised
statutes .-. . . .... .... 383
of repugnant provisions • . • ■ 383
oftakingeffect, and repealing of acts, 3 3, 3 1, 335
actions, prosecutions, ic. pending at time of re-
peal, effect of .... 335
Lead FuRXACE.-:, to be enclosed, how .... 336
penalty and liability on owners neglecting 336
Leasee, to be made by executor and administrator 49
not in writing, to have the effect of estates at will 284
assignnient, &c. of, to be in writing .... 284
for a term exceeding three years, to be in writing 284
Legaria, when and how to be paid by executors 60, 61
to subscribing witnesses to a will, when void,
when not .... .... .... gig
legatees when to refund, how compelled . . 60, 61
when competent witnesses, when not 619, 620
not to lapse by death of legatee before testator 620
taken in execution, other legatees to refund 620, 621
(See Administration) .... 60
(See also. Wills) . . 617
Legislature, of U. S., composed of senate and
house of representatives . • .... J
of the stiue, to consist of senate and house of
representatives .... .... Jg
II. R. hov.' constituted, qualification, appor-
tionment .... .... .... Ig
pos^iesses the sole power of impeach.ment 19
senate, how constituted .... .... I7
elections, qualifications and privileges of elect-
ors ... 17, 241
who ineligible to,eithar house • .... 17
dis(|ualificat:on of members to hold certain offices 18
pov.ers of each house, rules, journals, expulsion 18
contempts, power to punish for • • • 18
privileges, and compensation of members 18j 3J1
powCiS as to emancipation, introduction and
treatment of slaves .... .... 18, 19
meetings in general assembly, when to be • 337
election of members, when held • 23 j to 24'2
lesignation of members, how made .... 337
vacancies to be certified, election to fill 17, 337, 338
petitioners to, notice of, in ceitain cases •• 338
joint meetings, rules of proceeding • • • • 339
power\to punish for coiit.mpt, disord,>r'y con-
duct, *c. 13,339
depositions may be taken & read, in what cases 330
I N J) E X.
681
Legislature^
Writs 8c process, how issued, tested k. executed 390
witnesses, how summoned, their compensation 3JU
costs and expenses ot proceedings in certain
cases, how paid .... .... 330
each house to control its own contingent expenses 390
joint contingent expenses, adjusted, paid •. 3T1
compensation of members and officers 18, 3J], 3Ji2
Letters of adviinistration, (See Administration,
and Public Administrator) -••• 41, G4
Letlirs testamentary^ (See Administration, Exec-
utors • • • • • • • ■ • • • • 41
Letters of attorney, must be proved i: recorded 1~3
revocation ot, how made, must be recorded 123
(See Attorney)
Letters, (See Crimes and Punishments, title Letters)
Levying onproperty, bj- officers, without le^alprocess 204
200
135, 13 J
28
28
591
90
92
94
96
9G, 97
275
291
40 3
428
429
3iG
108
Lewdness, orlascivious behavior
Lewis County, boundaries defined
Libel, rights of parties prosecuted for
Liberty of speech and of the press
Library, state, (See State Library)
License, to practice as attorney, hovv' obtained
10 auctioneers • • ....
collectors to account for • ■
to keepers of billiard tables • •
collectors to account for
to ferries .... ....
to grocers .... ....
to merchants • • • • • • •
to pedlers . . • • ....
of cloclis ....
to :nn and tavern keepers • • • •
Z-i£>i5, of mechanics, &c. (See Buildings) •■
■ of counties, for balances due them on settlement 151
for fine and cost in criminal cases 3.>a
of oxecutions upon property, real and personal 2o6
of judgments and decrees, extent and duration 339
may be revived, by scire facias 333
rendered by J. P. if transciipt be
f.led with clerk •
lor state and county taxes, and arrearages, to be
perpetual • • • *
for balances due the state from time of setUe-
nient . . . -
of landlord for rent, upon the crop giou it ;
Lieutenant Gorem or, election and quali.f.cation
to b? president of the senat?, when to vote
to act as governor, w'can . • • • • • • •
contested eler'J.on how detcvniinod • • • • 22, 242
XihitatiCn, of suits relr.'(-.i>g to real estate •••• ^J-'
of entries on iantis • • • • ^•'"
descs;:! cast • • • • ^^^
87
364
541
613
377
21
21
limitation,
exceptions for infancy, insanity, ^^c. • . . • 393
death of persons under disability .... 393
of personal actions, 6c for penalties ifc forfeitures 393
certain actions within ten j'ears .... 393
others withii: five • • • • . • 393, 334
otliers within two .... .... 334
others within one • .... .... 394
persons i ne'er disabilities • • • 55, 250, 334
against persons out of the state .... 3 )4
of demands against estates of deceased persons 55
of actions against security on administration boud 45
of claims for escheated property • • • • 250
of actions, against apprentices for dissrtion 70
of suits, on constable's bonds • • • • 116
of fo cible entry and detainer • • 230, 281
against notaries public and securities 418
general provisions, applicable to suits by aliens 3 15
arrest, or reversal of judgment .... 3)5
non-suit suTfered • • • • • .... 3 >5
suits revived, by heir, ex'r. and adm'r. • • • 3)5
defendant dying after suit brought .... 335
abatement by death of either party, new parties
by scire facias, when . • • • • • • • 4'36
abated by death of plaintiff, new actions when 3 )5
suits stayed by injunction • • • • • • • 3^5
time of existence of disabilit)'' • • • • 315
not to extend to defendant if he abscond, .yc. 316
two or more disabilities .... • • • • «j3
limititions by other statutes • • •••' 336
rights of action, &c. existing before Ist of Dec.
1835 3J6
of lien of mechanic?, i:c. on buildings 103
in prosecutions for alt3ring or defacing mark or
brand .... .... • • • • 393
of suits for penalties against pedlers 423
of prosecutions in criminal cases ■• . . • 502
wliere iaclictnant has been o-.ias'.ied, kz. i)02
prcsumpiioii of payment, arising f;oui laps.c of time 33S
sealed instrui-r.ents . • • • 296
Lmf-'.-Z/i cotwi/i'i hound.ir-.es de'";,n.cd ^35
Liquor, selling to Iridians ^ pyohibited 3'2
not to be vetailed w'i«'|,o,,,t license • ■ • • 29-
sslV.ng to slavp;^,^ apprentices, soldiers, Sec. 318
Loan of 'j.avcs, goods and chattels, when deemed
frajdulent * • * '
Lc-JT Goods ani> T-Ioxev, finder to disclose tl..
fact to J. P. on failure penalty
appraisers be appointed, their duties
283
397
397
subsequent duties, by appraisers, finder &, J. P. 397
within what time property vested in finder 3 17
proceedings to conipel restoration ^''^•^
\Lunalics (See Insane Persons)
est
I n 1) E X.
LoTTERiEi, and devices in the natu;« of, nbolisl-.ed 393
petwlt)' on persoiisengagadinscUing ticket", i •. 3 ^S
M.VDISON COUNTY, b .luvlaries defined ' 3 ;
Maiming, cases of, enumerated, and punishment ] 7 !
cattle, maliciously •••• .... ]g!
hoise, ox, orothercattlo •••• •••• 210
Jfalicious Mischief, (See Crimes and Puuis'iineiits,
title Malicious Mischief.) .. 18), 183
Manslaughter, (See Crimes and Piuiishmcnt?, title
IManslau^hter,)
Manumission of Slaves, how made, (See .Slaves,) .587
J^an"ora Cown^^, boimdariet defined •••• ]3'i
Marks and Brands, owners of horse, cattle or
sheep, to keep .... .... 313
description of to be recorded .... 3J8, 3 >'}
at what age to mark and brand • • • • 3))
disputes concerning, how decided •••• 3n
using when not recorded, or using more than one
penalty .... .... 3 11
altering or defacing, penalty, limitation 3 ) 1
persons killing ia ttie woods, to show head,
ears, &c. .... .... .... 3):)
I > dtv fo- concealing offencea oonccrr.ing 3'.'
minors may have marks & brands in certain cases 3,J 1)
to mark or brand or altering, with intent to con-
vert, fee. or steal .... .... 173
MAt»iA_nE Cor'JTRACT, to be in wiiting, «ealed, ac-
knowledged, &c. .... ...
t«be recorded, in wffat counties, qffa- 1 of
if duly recorded, received in evidence
copy of received in evidenes, when
Mairiagf, of fjmme sole, executrix or administra-
trix, extiiiguis'^es her authority, ....
party does not abate action pending
di voices, for what causes
ualawfid bigamy and polj'gamy ....
cases excepted from punishment 3 ),"),
without the state bigamy, when
in what county indictment may be found
•itule persons marrying those already married :
inoestudus punish. ue it ....
soiemnizi'--;, pun)shmo;,t
within what degrees declarel to be ;
in !»iw deemed i ':ivil r.rr.it ..... ,
not allow between white person and ncgvo i
.vhr.i .mIM, v/ho may marry, who inay s.V.ein-
consent of parenf, ffC. hi.v obtain-; 1
record of, to bo ke,7t, rogistei'ed, &o. . . ■
certiSod copies, &c. ovidon;.;
penalties i.icurred, fox what
J\l»rri$d fV»man,, cannot l»e «ir'x »r adrn'ri
43 2
41
Married Woman,
abandoned by husband, court to decree mainte-
nance .... .... o2^
may con^^eyJler own estate, or reli nquish dower 1^ 2
mny make a will, when 617
("lee Divorce, Dower) • • . . .... go", 211
y« me''*, unwritten wills by 618
Marshes, firing prohibitsd, penalty, how recovered f)34
^'Liyheni, CTiss% of, enumerated, ptmishment 171
by negligence of another, how punished 17 ' , 173
Masters, apprentices and servants, (^>ee Appren-
tices) ijfj
^''asures, standard to be provided & kept by clerk 61 6
VeHings, religious, disturbance of, how punished, 239
Mechanir, furnishing materials for buildings, has a
lien .... 108
("ec Buildings.) 108
"vIi:nc'r.\MTs, who deemed .... 4i';3
to obtain licenses, filling, peuilty 403
how to obtain license, extent of, rate of tax on 4G5
^Tile, mile post and gukle boards, destroying or de-
facing 182, 551
V:h'tia QM^,^fs,ilMj in obeying civil officers in cer-
tain fsses .... .... 203
Mills AMn Mrr.LKRP, what deem public mill 404
grind ng when and how doiie, rate of toll 404
duty ani liability of millers .... 404,405
penalty on owne^-, &c. for violatio;i, &c. 405
Mills asu Milloa.ms, proceedings to erect, 405
petitions to be filed, proceedings of court 406
duty of sheriff, jury empannelied, report 406, 407
proceedings of court on return • ■ . • 407
permission to erect dam, on what conditions 407,408
may be re-built, when .... .... 408
dams may be raised, effect of inquest for 408
penalty for building or raising without au-
thority 408
deemed nuisances, when .... .... 408
failing to build, others may 408
'Ministers of the gospel, not eligible to the legislature 17
not to be appointed to any olBce of profit • • 17
exempt from serving as jurors • .... 343
may solemnize matrimony • • • .... 401
to ■vjv;|>..:,.v)\l .) marriages and file certificates 402
penalty for solemnizing certain imlawful mar-
riages 207
'Ti'iors, (563 Infants)
WsJemeanor, (See Crimes & Punishments) 166 to 216
iuiXcc"., viuo i;.. may heiin,wached for 19
circuit attorney may be removed /or, by in-
89
by jus;ice of the peace, for acting before
qualiiiod, <Ef. .... .... g^f
INDEX.
689
Misdemtanor^
relating to returns, entries and records of
mti'/iiairos .... .... 40 '
what'.loemed in^'iclitor ortreasuier •• 611
in clerks, for failure of d.ity, ^c. • • • • H.i
in county treasurers, wiiat • • • • • ■ • • ■ '
definition of the term •••• •••• -
Misprison of treason, Aefnvuon and purnishment li>>
Money found how disposed of ( ^ee ijost Goods and
money) • • . • • • • • .... 3 J /
Jtfonroe C'oW/i<i/, boundaries defined •••• ISG
JtfbnwHienf.9, erected to fix boimdaiylines, malicious-
ly injuring them ••• 181,1a-'
defacing altering marks of •••• Ic'-i
JVf9>i<o-omsr^ C'ouM^y, boundaries defined •••• 13 i
Morgan Coimtj, boundarirfs defined • • 1.36, ^ 3.
JV/o/-/^ff^e*, when to be redeemed or equity sold by
executor, &c. .... .... j '
how acknovvledg.^d, proved, certrfi:ed, &lc. I'i.l, I '31
of minors estate, when • . . • • ■ • • :2!J:>
of esta es of insane persons, when • • • 3 J ), 3:2 ;
proceedings for foreclosing • • • • • • -liiD
petition to filed, its contents .... 4):)
parties, process, service, proceeding 400
interested, may be made defendants 401)
judgment by deiaull, proceedings •4U3, 4!'t
on trial, judgijient and order ofsale • -i lU
special Jieri fa,di.i^, vv!i. ii 41' ;
proceedings on execution .... 4:0
icfis/ctciion, acknowledgment of, how made • 41 i
received, refusal to ackno\vl!.i..e, penalty 4V>
deed of release, &c. recorded, its effect •• 41vl
property redeemed, by priyment to o3icers • 41 J
upon leasehold estates, pio-eedings •••■ 4!"
of leases, reservations, »fcc. for .... ?,i6
to secure school funds, (See .schools and School
Lands,) .... ... 56i
Mother, when to be guardian of infant • • • • ;29'^
when to consent to binding out of child • • 67
wht^n to inherit and how • • • • • • • 33."
(Sea Child and Ch;i r n.)
Mulatto, who djeiiied to be, ( .'ee Negroes and
Mulattoes,) •• •••• 413
Murder, i-n first and second dogree •••• 167
punishment for • .... .... 1(.S
MutK, standing, equivalent to a plea of not guilty 4«5
Mutual dabts uri judgments, may be set off bdlore
J. P. how .. 3)4
set off, mi.y bj pleaded or given in evM^ncc 579
NATURE, crime against, how punished • • ■ • i ''>
ce.taiu proof suliclent, in trill foi- •••• 4>i
J^avigat ion, of rivers in or bordering on the state,
d«9lar»d frM • • • • • • • • • • *^
417
41i3
41Q
410
413
iJs''avigationy
improvement of, to be encouraged, and fundi
ap()!ied • • • • • • • • • ■ • • 35
|.\^t:-I']xi.Ai, by what authority granted •••• 411
I petition and bond to be filed, writ to issue, it-
i turnable, ■k.c •• •••• •••• ^^'■
.rrit executed, defendant to give bond, in con-
dition -tl^-tia
temporary aijscn.-.c no breach 41:J
sureties may sun-eutler principal, how • - • •
may be granted, tliough demand not due • •
writ, petition, service, &c.Jn such cases
return of writ, subsequent proceedings
defendant may show performance of contract
denying on oath, intention to vemov«,
proceedings .... .... 4.3
Vegroes a.vd Mjlattoes, free, lesi^latur* may
prevent introduction of • • • • • ■ • 1"
. bound apprentices, when • • • • • • • G:', lU
held in slavery, not to be discharged owhaheui
corpus • • • • • ■ ■ • ■' '"^
who deemed a mulatto •••• •• 413,414
free, not permitted to carry arms, Ac. without li-
cense • • ' • .... • • • • 414
license to reside in the etate may be granted,
when , • • • • • • • • ■ ■ * ■ *^*
to v/hom and how, license to be granted 414, 415
extent and effect of license •• •••• 415
for what offences, license forfeited • • • • 41a
duty of justice, sheriff, curoncr and constable,
incase of •••• .... 418
not complying with the law, to be whipped or
hired out ^^^
if hired out, bond to be given, its condition 416
not allowed to reside in tire state, time allowed
to depart • • • ■ • • • • * " • ' '^'"
penalty to hire, harbor, &c. except, S^c. 416, 417
penalty on persons bringing into the state, except 417
marriage of white person with, void 401
Xew Madrid County, boundaries defined 137
Kac trials, may be gra.-ted in criminal cases • • 491
may be granted in cases of forcible entry and
detainer ~°'
. before J. P. allowed on setting aside non-suit
or default ^59
at lav.-, motions for, when to be made, &c. 469, 470
but one allowed either partj', except, &c. 470
of issues OL fact in chancery, may be granted SU
N-ext friniA, for infant plaintiff, when and liow
appointed • • • ■*•*"
to give bond to infant, it* condition 4oG
liable for costs • • '*^*
iu jujtie«»' MWit • • ■ • • • • '^^
684
INDEX.
JS''ext o/A-i'n, distribution to • • • • .... 222
3Von est facli'iim, plea of, to be on oath .... 463
JVbn residents, lauds not to be taxed higher than
residsnts .... .... .... 0.5
coniniencing suits, to give security for costs 127, 12S
defendants in chancery, how proceeded against 507
how to enter land for taxation .... 530
sale of lands for taxes, how and' when made 543
lands of, taxed to keep up roads . • • • 549
.Xon-suits, not allowed after jury retire . . . • 4G4
in justices' courts, may he spt aside .... 359
NoTARiKS Public, appointment, term of service 417
their powers and duties .... . . 417, 418
boolis, &c. how disposed of, in case of death, &,c. 418
bond, commission and oath to be recorded 418
bond, 4-c. where to be filed, may be sued on 418
limitation of actions against notary «Si, securities 418
their fees 270,271
KuteSy assignable, remedy and liability of parties 105
taken by executors, 4-c. may be assigned . . 49
given for gaming consideration, void .... 291
penalty for issuing and passing as a circulating
medium .... .... .... 96
promissory, stealing them ... .... 17S
fo-ging, &c. how punished ... .... 185
Notices, to parties in causes, by whom served . • 452
Js'otice of set off in justices' courts .... 354
J^'ayicupative u-ills, V'/hen diWo-ived • •• 617,618
made by mariners and soldiers .... 618
to be reduced to writing within 30 day» . . 618
probate, when and how taken .... 618
(See Wills) .. 617
OATHS AND Ai'FIRMATIOXS, mode of ad-
ministering ... .... . . 418, 419
who admitted to be sworn ... .... 419
witness not required to swear as to his religious
belief 419
in case of infants, persons of v^eak minis, &c. 419
who may administer, and take affidavits and
depositions .• .... .... 419
taking false oath, perjury, when .... 419
Oath of office, to be taken by ouicers .... 19
O'jstructing process, hi cases of felony .... 193
in civil and criminal cases other than felony 193
Occupying claimants, how compensated for im-
provements ... .... .... ^36
0^en.ce, definition of the terra, when used in statutes 216
second, punishment for .... .... 212
of different degrees, verdict to specify of what
degree, &c. . • . 493
•r different degrees, may be found guilty of less
Aan that uharged, wh»B ... . . • • 914
tOI
198, 199
200
17, 18 j
OJJice, buying or selling, how punished
bribery in obtaining, when . . .
selling deputation of ....
who incapable of holding •. . . .
Officers, appointment, when not otherwise directed 19
in case of resignation, &c. how records dis^
posed of ... . .... .... 420
penalty for failing todeliver books, papers, &c. 420
how compelled to deliver over records t papers 420
private persons, having public records, &c. to
give them up . .... .... 420
guilty of bribery, when 197
guilty of fraud, extortion and oppression • 200
neglect of official duty, or misconduct ... 200, 201
performing acts as an ofncer, without authority 201
attempting to influence voters . .... 201
levying on property, without legal process • 204
OJJTset, of mutual debts and judgment allowed be-
fore J. P. 354
may be pleaded or given in evidence on general
issue 579
Opinions, of supreme court, to be in writing . • 217
Oj/er, to be given of all writings pleaded, if required 459
PAPERS AND BOOKS, delivery of, by officers
to their successors .... .... 409
production of, when and how compelled by court 462
Pardons, president may grant, for offences against
U.S. e
governor may grant, except in cases of im-
peachment ... .... .... 21
may be granted by the governor, on conditions 502
of slaves, <S:c. when, effect of . .... 497
Parents, to be the natural guardian of their children 293
when to give bond as guardian for their children 293
father may dispose of custody of minor . • 67
mother may dispose of custody of minor, when 67
Parol demurrer, for non-age not allowed .... 458
Parties, to suits, dying, provision in such cases 465
Partition-, of land, held in common, in parcenary
or joint tenancy .... .... 422
mode of proceeding, petition, notice, service,
publication . . .... .... 422
appearance, pleadings, proceedings, trial • 423
judgment of partition .... .... 423
commissioners to msike partition, how ... 424
vacancies of, how fiUed, compensation 426
report made to courts, its contents . • • . 42^
acknowledged, recorded, &c. . . • 424
judgment on, its effect .... 424
may be set aside, when .... 424
sale of premises, or of part ■ • .... 424
mode of sale, report, proceedings .... 425
distribution, kt. of proceeds • . . • • 43s
INDEl.
685
fartHion,
joint tenant, kc. for life or years, may have 4"25
of lands devised, how made • • • • 425, 42G
guardians, to act for their wards .... 42o
appeal and writ of error .... .... 426
costs on, regulated .... .... 130
Patrol, to be appointed in each township . • • 427
their oaths, duties and exemptions .... 427
Paupers, permitted to sue without expense • . 123
who deemed to be, and how supported • • 448
Payment, plea of, in ceitain cases • •••• 4G0
Pedlers, who declared to be .... • • . . 428
to take license, penalty to deal without • • 428
license, how obtained, for what time and tax on 428
dealing without, duty of gheriff and
collector • • 428, 429
penalties, limitation of suits for .... 429
of clocks, to obtain license, how . . .... 429
amount of tax on license . • .... 429
dealing without license, penalty .... 429
owners of paper mills, their duty, &c. •• 429
appropriation of penalties and forfeitures 429
Peace, (?ee Crimes and Punishments, title Peace.)
Penal actions, security for costs required of plaintiff 127
Penal Bonds, actions on, regulated . • • • 430
declaration, breaches, pleadings .... 43o
judgments how to be entered .. 430, 431
specific breaches to be assigned, when • 431
damages on breaches, and judgment by default 431
execution for plaintiff satisfied, effect of •• 431
acire/acia.f on judgment, when ■••• 431
damages and judgment in case of further breaches 431
execution on, effect of .... 431
suit by scire facias barred, when .... 432
•uits prosecuted by individuals, pleadings, pro-
ceeding?!, &c. .... .... 432
judgment for defendant, a bar, when • • • • 432
who may sue on .... .... 432
suits b}' relator, judgments for, when • • 432
barred or affected on plea by surety, when 432
judgment for securit}', when • • • • 432, 4' 3
against principal and security • • 433
several judgments, more than liability of
security, proceedings •••
who may sue, and against whom
Penalties, recovered by indictment, wlren
People, all authority derived from
Perjury, defined, its.punishnient • • • • •
(See Crimes and Punishments, title Perjury.)
Person, meaning of the term in criminal cases
Personal properti/, jnsa.n\ng of the term in criminal
•asea • • • • • • ' '
433
433
481
27
191
216
216
Personal property,
not to be moved out of the state without abso-
lute right • • • • • • • • • • 586
Pemtf.nti.vry, its government, officers, &,c. • 433
to be under direction of three inspectors • 434
vfc'ho to be inspectors of .... .... 434
powers and duties of inspectors 434, 435, 436
penalty on*inspectors and wardens, &c. • 4.36
officers of, enumerated, to take oath • • • • 436
not to be interested in contracts concerning 437
warden, how appointed, tenure of his office 436
vacancy, how filled, to give bond • • 436
general powers and duties of 436, 437, 438
senior overseer to act in place of warden, when 439
physicians and overseers, how appointed 439
guard to be appointed and armed .... 43^
physicians to keep register • • .... 439
books, accounts, Sec, public property. Sec. 489
copy of official reports to he kept at penitentiary 440
compensation of officers and guards • • • • 440
officers to support themselves, &c. • • • • 440
o/freainte«i of convicts, discipline, &c. •• 440
the labor, clo thing, food, ^'c. of • • 440, 441
duty of warden and overseers on arrival, of 441
journal of reception, escape and discharge of
convicis • • .... ....
convicts discharged, to be furnished with cloth
ing and money • • • • • • ....
who may visit prison at pleasure ....
duty of visiters in cer ain cases ....
miscellaneous provisions, concerning covicts
convicts under laws of U. S. to be received
escape or attempt to escape, punished
neglect of duty toward, by warden, penalty 442
important witness, to be brought up by
habeas corpus — •••• 443
competent witness, against fellow convicts 443
escaping provisions for retaking • • • • 443
officers exempt from militia duty, &c. 443
warden has power of sheriff, in what cases 443
governor may fill vacancy of warden or inspector 443.
PiiKPETUATiNG 1 ESTI.MONY, mods of, directed
proceedings to perpetuate • •
dedimus, notice, service, &c.
depositions, how taken and returned
recorded and certified by recorder
read in evidence, when
reipecting corners of land, proceedings • • •
proceeding of justice in such cases •
plats recorded, evidence, whea
costs, attending, how paid • •
Perry County, boundaries defined
Pettis County, boundaries defined
441
443
442
442
442
442
442
414
444
444, 445
145
446
446
446
446, 447
447
447
137
137
68(5
INDEX.
Petition, right of, cannot be impaired bj congre.i3 11
right of tlie people; de-^lared . .... 27
Pike CoHfit.j/, boaiidniies defined • .... 137
JPtofes, forcoimtfirfeitiiig, &c. po'j'^ess^ii!!;, &c. 185, ISo
Plats, of towns, &c. wlien to be acknowledged and
recorded .... .... .... 5[)r)
Pleadin^t, in actions at law, ("^ee Pacticeat.Law,) 437
in chancery cases, ( 5ee Practice in T/hancery,) 503
injustices conits .... 353
in cases by address Si
amending of, how and in what eases .... 4G7
what insiifBciencies, &c. aided by verdict • 463
to be spenially dem-irred to, wh^n • . 458, 45f)
in actions bv nttachnient regtdated 7C, 77, 78
220, -230
231
245 I
2SS j
278
for dower, petition, pleas
in ejectment, form of de;la:ation
in proceedings for-eicheated real estate
in action for freedom, declaration, plaaa
in cases of forcible entry and detainer
of impeachment, charges, response, &c. 3 1 0
for foi-aclosing Mortgages, petition, &c. 4JJ
in actions on psnnl bonds, declaration, breaches,
&c -.433 10 433
information in nature of Q_uo Warranto 523
in partition .• .... 403
in criminal ra^ea, dilatory pleas to be proved 485
foreign pleas how tried .... .... 435
Poison, (See Crimes and Punishments, title Poison.)
PoVc Count)/, boundaries defined • .... 137
Polygamy, punishment for .... .... 20()
Poor, who deemed, how supported .... 443
relief, granted by county court, when .... 448
order for support of, when to be made . • 448
funeral expenses ' f , may bo allowed by court 4 In
may be allowed to sue, free of costs 128
Posse CoiirTATus, mny be called by officers, wliou 4iS
penalty on persons summoned refusing . . 4J9 I
Power by will to sell knd, by whom to bs eicecuted 5i
■Po'ssesibn;, adverse dofts not invalid;«e deed to land 1 !l)
' ' of lands foe twenty-years, bars right of entry 3 ) ,'
Posth umom Ckiliren, of intestate to inherit as other* 2 .3
of testator, not provided for, to in^ierit as in
case of intestacy .... .... (; >,,
Po\cer of Attorney to convey lands must be proved I i..,
must he recorded .... .... j i'^
how revoked .... .... .... 1^3
revocation to be recorded .... .... ij;;
Posting, for not figliting duel^ pimlshed .... 2',) .'
for not aciiepting or sending challenge .... 2'JJ
Practice at Law, petition in debt .... 44:)
suit, how commenced .... .... 44;)
siBiimons, how executed .. .... 4^;}
pleadings, trial, &c. .... .... 449 .
Practice AT Law, regulated .... 45*
of the commencement of suits, service &. return
°^ P-°-^»' 450^
suitsj where to be brought, how commenced 450, 451*
by attachmnnt, where brought .... 451
several defendants in different counties 451
capias against some, and summons against
others . . 451^
capias when to be granted . . .... 451
how executed .... 152
summons, how executed . . .... 4.')2
return of writs, how made * . .... 452
notices, how and by whom served .... 452
proceeding:; by and against bail and infants 453
bail, who sh;ul not be, except by leave of court 453
sufiiciency of, when oxceptod to .... 453
miy be reduced, when, proceedings .... 453
scirr- facial on re.:og:iiianoa, when, proceedings 4.54
may surrender pvincipil, .tow, to wnom, kc. 454, 455
suits against, whan, pleadings, proceedings i55
may have judgment against principal, when 455
remedy of oificer co-defeiuUnt, against, and
P'"i"'^'l'al 455, 456
infants, may prosecute suits, by guardian or next
^"°"f' 456
next friend of, appointed how 456
guardian and naxt f.-jend liable for costs • . 456
guardian to defend, appoin-e:i, proceedings 456
court to appoint guardian to defend, when 456
not liable for costs 456
pleadings, regulatsf! 457
process execute I, defendant to appear, when 457
served on some defendants, others not,
proceedings . . 457, 458
profert aaid oyer to be given, when .... 459
partv may appear by himself or attorney 458:
a!n iudment of, after anest of jutlgm.'ut 470
to be axgivid hy party or his attorney .... 458
tniri of liling to he endorsed, &c. .... 453
wnen to lie fiied .... 4,')tj
tiiiie f(5r filhig, may be extaided by court . 453
of payuifiut, may brf plead, when 4G0.
defendant may plead as many pleas as he tiiinks
l'-o^'='- •■ •• 45y, 460
by public offi-sr, what, te. . 4G0
in suits agahist persons for acts doile by authority
of any statute . .... .... 46O
fiiiling 10 iile, give notice. Sec. pro.-nedings 4GC
by one dafen iant, default by others, proceedings 460
picas in a!)atement, to he o\\ oxt'a. 458
wht'u determined 450
replications, and subsetiuent pleading when to be
«'»«» ..-. 4St
INDEX.
087'
Practict at Lata,
filed in vacation, copy to he given .... 4.58
several matters may be replied, when .... 4G0
failing to file, give notice, .■i.e. pror:cedings 4G0
rejoinders, several matters maj' be, when • • 4()0
similiters may be joined at any time .... 4,".8
ancient forms of pleading, not to prejudice, ^-c. iiyS
demurrcra, joinder in, may be filen at any time 458
special, when to be, proceedings on .... 4.'>8
may be joint and several • • .... _ 4.5;)
susta'ned as to part, and overruled as to part 4.59
actions may be brought against all, or any who are
liable 4.'):)
may be brought on lost instrinnsnts, how, &c. ' 459
of debt, to recover money received contrary to
statute • 459
what allegations in lieclaration siiflicient 459
of assumpsit to recover money received, &c 459
what allegations in declaration sui'iicient 459
of trover or detinue, to recover property, <S:c. 459
what sufficient to allege ia declaration 459
against public officer, may give special matter
in evidence • .... .... 4G0
judgment, by default, when • • .... 400
interlocutory, by default against those who do
not appear, when .... .. 4C0, 491
bv default, confession, or on d.emurrer, to be
final, when • . .... .... 4fcl
of iion-prox, against plaintiffs, when • • • . 4'Jl
itssessmtnt of damages, v. hen to b2 made • 461
trial and its incidents .... .... 461
of issues of law and fact, when, "how, • • 462, 4C3
cause?, when continued, i.tc • • • • 46:2
court may compel proiUic-tioa of hooks,'paper8 2!)
discovery may be had by either party 402,4- 3
counts in declaration may be struck out . • 4' 3
writings sue i on, i eceived in evidence, unless, 4',3
b of exception, hov%r taken, proceedings 461
non-suit, not allowed, after cause submitted <tc. 4G4
proof and disproof of loss of writing . • • • 464
recoveiy on lost bill of exchange or note • . 464
otaic3;icn.f of suits by death, (tc .... 4G5
revival of suits, &c. .... . . 465, 466
1 tioducing new parties • • • • 466, 4' 7
consolidating suits .... .... 467
causes at issue, referred to referrees • • 467
amending pleadings and proceedings • • • • 467
after arrest of judgment 470
nev trials, proceedings to ciiiain • • 469, 47ti
arrest of judgment, proceedings on, .... 470
judgments, final, revived by scire facias, when 47u
not to be set aside for irregularity, when 470
Practice at Laic,
miscellaneous provisions, appeal, on what condi-
tions, effect of ^ . . . .... ^YO
docket of causes to be made out .... 471
duty of clerk to issue subpoenas, &-c. penalty on 471
in parlin/lar actions
accounts .... .... ....
17
62
421
233
613
527
4I-)
waste .... ....
partition .... .... ...
ejectment • • . • .... ...
trespass • • . • .... ...
replevin ■ ■ • ... ...
oil i.eiial bonds ...
in special cases
sa ts by ])oo, persons .... 448
proceedings by and against infants 45R
in justices' courts .... 3 )4
by and against corporations .... .... US
by ai.d against counties •• .... ]42
proceedings for setting apart dower • . • . 2'28
for admeasurement of dower 230
for collection of demands against boats & vessels 102
lor roco-ery of lien, on buildings by mechanics 107
for recovrry of rent .... .... 375
forcible entiies and detainers .... 977
upon arbitrations, ii,i;. .... .... 70
in foreclosure of mortgages . • .... 409
upon writs o! habeas corpus . .... 296
upon information, in nataie of quo warranto 5^3
on writs of error .... .... 5]8
on appeals from J. P. .... .... 3.j9
on writ of error ,from county court .... 0I8
on appeals in probate husiness . . 62
Practice axu Proceedixgs, in criminal cases,
prevent-on of offences .... 470
arrest and examination .... .... 474
commitment, disciiarge, &c. .... 474
of grand juries, their proceedings, duties, S^c 478
indictments and proceed'iigs tiiereon •. 481
arraignment of prisoner, and proceedings be-
fore trial .... .... 484
trials, bills of exception, &;c. .... 489
verdicts, judgments, &c., proceed ngs thereon 492
appeals and writ of error .... .... 497
before J. P. in cases of breaches of the peace J72
miscellaneous provisions in criminal cases . • 499
search warrants, to issue when • • • • 500
proceedings on .... 500
restoration of property stolen, how .... 500
stolen property when to be sold, i-c. .... 501
warrants in criminal cases, how issued • • 501
recognizante in criminal cases, proceedingi Ml
688
INDE^t.
Practice and Proceedings,
carrying prisoner through another county, duty
of jailor, &,c. .... .... 501
proceedings to receive fugitive from justice, sur-
rendered by governor of another state 501,502
rewfard for persons charged or convicted of felo-
ny may be offered by the governor . . > • 502
convicts imprisoned for life, estate, how admin-
istered .... .... .... 503
for less than Ufa, trustee to be appointed 503
duty of trustee, his compensation 503 to 505
Practice in Cuancehv, regulated .... 5f)G
commencement of suits .... 5O6
service and return of process .... 50(j
pleadings, exhibits, proceedings thereon • . 50S
issues, trials and incidents thereto .... 51]
commissioner, his appointment & duty . . 512
report of commissioner, proceedings on .• 513
abatement and revival of suits 513
decree, proceedings on • • • • .... 515
appeals to supreme court, when, how .... 517
how proceeded on, in supreme court 52-
damages in lieu of performance of decree, how
and when ascertained .... .... 5]'/
tn/wnc^to??, to stay proceedings at law .... 313
proceedings on • . .... .... 3] 3
after verdict in ejectment •••• .... 33G
securities in injunction bond . .... 314
damages on dissolution of ... .... 314
ne-exeat, writ of, granted when . .... 411
proceedings, on . • .... .... 411
bill of review, to set aside decree, when • . 51G
decree, passingtitle to real or personal pioperty,
effect of .. 51G, 517
for conveyance of real estate to ba
recorded .. 341,342
Practice in Supreme Court, . .... 5] 8
writs of error, how and when taken .... 518
proceedings .... .... 5]9
appeals, how and when taken .... 521
on appeal on writ of error in criminal cases 497
proceedings to make new parties to suits in 521, 522
on appeal, writ of error, or special verdict 522
on affirmance, or reversal .... 533
Prairies, persons firing to pay fine, and damages 634
President k Vice President, electors of, how chosen 244
proceedings of electors .... .... 245
Presumption, of payment from lapse of lime • 300
of death in certain cases ••.• .. 205, 2'!G
Principals, in second degree in felonies, how jjunished 2 12
Printed or written reflections for not fighting due],
&c. punishment .... .... 202
Prisons, county prisons, (See Jails and Jailors) 3^
state, (See Penitentiar}-) .... .... 433
Prison bou.vds, established, designated 523
description of, to be set up by sheriff or jailor 523
prisoners in civil cases, may take, proceedings 523
in suits on bonds given for, extent of judgment 523
Prisoners, in civil ^ crini inal cases to be Itept separate 335
when to be admitted to the bounds .... 523
female to be kept separate from the male . 335
property of, on conviction bound for expenses,
&c. .. 335,496
detained for fine and costs, how discharged 335, 406
fine may be commuted, how • • .... 495
poor, in criminal cases, provided for .. 33 1, 336
expenses of, before &: after conviction, how paid 336
to have certain liberties, except felons • . . 336
to be humanely treated, duty of the court • 336
for debt, to be miiiuained by plaintiff . • • 336
if he talie tlie bounds to maintain himself 523
to be discharged if expenses not paid 336
committed under authority of U. S. .... .336
committed to jail of different county .... 337
to be removed for trial by habeas corpus ■ • 337
committed from another county, expenses how
paid .... .... 337
in criminal cases, proceedings to arrest .... 474
when arrested, before what magistrate tried 474
examination of . . .... .... 476
when to be discharged, v.'hen b:iiled . . 476, 477
after commitment, by whom bailed .... 478
when and in what jail to be committed • • . 477
under indictment, when to be discharged • • 491
held to answer on bail, when to be discharged 491 492
females, pregnancy of, how ascertained, pro-
ceedings .... .... .... 495
manner of cx9cutii;g .... .... 493
insanity of, how tried, proceedings . • 494, 495
surety of the peace may be required of . . . 494
conveyed to penitentiary, how, authority of
sheriff . • • . 494
to county jail .... .... 494
punish .r.ont of, to be assessed by jury ... 493
if jury find greater or less punishment tlian
allowed, duty of court .... .... 493
appeals and writs of error bj', proceedings 497
committer!, may be searched for property • 500
stolen property found in possession of, iiow
disposed of • • • • • • • • • • • 500
conveyed through different counties, authority
for 501
dut.y of jailor in each county through
whicli prisoner may pass • • • • 501
reward for, may be offered • • . . . 443, 502
INDEX.
689
Prisoners,
imprisonail for life, e-^tate how a'lininistared 50.1
for less than life, trustee appointer! S'*."?
powey antl duty of trustee •• 503
to be knpt at hard labor .... .... 44O
to be kept separate at night • > .... 4 !0
bible to be furnished to .... .... 44 '
reception of, at penitentiary, dutj' of warden 441
money, propert}', clothing, &c. paid to, when 44 J ,442
how to be clothed .... .... 44 1
penalty for giving liquor, or rarn-in; letters to 441
under laws of U. S. received in penitentiary 441
to be brought up by habeas corpus to teslify 443
certain manors, to be sentenced to co'mty, in-
stead of state prison .... .... 014
punishment for injuries to the p'lrsrin of .- 214
escape of, from penitentiary, reward for, &c. 443
of defendant in execution, mav he retaken 2.'">
permissive, in civil cases, remedy for • 9n')
(Pee Crimes & Punishments, title Fsnpe)
for breaches of tha peace, when bailed, when
committed ... . . . . . . S44, 371
to be brought up on habeas corpus .... .301
whan and how re]ie"ed in such cn?e .. 301
when and how relieved hv warrant .... 305
(See Jails ^ Jailors, TIabens Corpus, Prison
bounds, Practice in Criminal CaSes, Peni-
tentiary)
Private, acf*, copies of, evidence, v.hfin .... 2.^0
Privileges, of electors .... 17, Q38
of members of the general assembly .... 13
of witnesses, attend'ngcou-ts .... 63?
Privileged debts, agRinst estate', what deemerl, <S:c. ^'t
Probate of wills, when, where, hov/ made .... G1 8
taken in other states, to be recorflel here . • fill)
Proceeding at law, (See Practice at Law) • . 440, 4")0
in supreme court . .... .... .t'8
in criminal cases .... .... 471
before justice of the peace . 347
in chancery .... .... .... 50fi
frocew, against corporations, on whom served > 12">
counties, on whom served .... 143
in chancery cases • • . . .... .■)■){)
in civil actions at law, regulated .... 4.')0
in justices'' courts regulated •• .. 348, 3 til
falsifying, destroying or altering, how punished ! 8 1
return of oflicer to .... 184
power of legislature to issu3, iScc. .... 300
power of ofiic3i- executing ... .... 4 18
return to specify timo and mannor of service 273
forms maybe prescribed by supremo court • IJJ
to nm in the name of the stat*
88
Procett^
to be tasted by the cleric, judge or justice 24, C2ri
tax on, in filing liens against buildings . . . 10=?
Prochicn ami/, infints may sue by, in court of record 4.". 6
in justices' courts 353
Prrfrrt, to bo made of all instruments pleaded, &,c. 4r,9
of lost i nstrumentfl, excuse for .... 459
P'wa7;ji;?!o7i, costs in, regulated ... .... 129
Promises, when to be in writing • • .... 117
jo-nt, declared joint and several 117
made on gaming consideration void .... 291
Promissnrj; nnf.es, taken by ox*r. and adm'r. may be
assigned .... .... .... 49
(^ee Bonds and Notes) .... .... JQl
made on gaming consideration void .... 291
Pro,ver<y, liable to taxation. Sec. • . .... 529
exempt from taxation .... . . 509 530
real, ('^ee title Land)
persona], liable to execution « .... 256
what exempt from execution .... 255
Prosecutor, (Fes Crimes and Punishments, title
Prosecutor)
Protests, flamages upon, in certain cases .... 98 99
fees on .. 270,271
Public administrators, (f^ee Administrators Public) 64
P^'llic /minings, (^ee County Buildings) .... 147
Public worship, disturbance of, punished 2O9
Public notarig'!, (>ec Notaries Public) . • • • 417
P«?asA-* Co7/7i(?,', boundaries defined •• 137,138
Punishments, (Pee dimes k Punishments, title
Punishmr'nts)
Purchasers, conveyances made to defrr.nd, void 283
for valuable consideration, when protected . 284
making such conveyance, misdemeanor ISd, 181
^rTAT.IFICATIOX^^ of electors .... I7
Qua.ihing indictment, when another found • . . 482
Qid tarn, actions, plaintiff togi-esecurity forcosts in 127
'^LO Waruanto, informatirju in, when to be filed 523
several rig'if- may ba included in one .... 524
appeannr;c, plea, proceedings, judgment •• 524
RACING TIO'^^E!^', on ^unday, punishment 209
Ftfl/A? Cotmi;/, boundaries defined .... 1.38
Riindolph Countv, boundaries defined . • • . 138
Rape, dilfercnt kinds of, (-^ee Crimes & Punish-
mentc, title Rape)
Ray County, boundaries defined • « • • • 133
Keal estate, C: -ee Estates real. Land)
Rebellion, (^ee Crimes & Puriishmonts, title Re-
bellion)
Receiving property/^ by falsely pcrssnalin^ aacthcr 180
cmbezz!«d, knowingly .... .... 180
31^635 ^} siolea, knowin<;^y •••. •••• 18^
690
INDEX.
Receiving p roperly^
conviction for, may be had wiihout convicting
principal • • • • .... .... 1^1
in what county may be tricfl • .... .182
dead bodies unlawfully disinterred^ knouisigly ^07
Jlefo^j'sance.T, in justices' courts on appeal .• 371
forfeited by bail, in civil cases, proceedings on -i.").?
(See CrimssiSL- Punishments, title Tlecognizance)
Records, of courts to be kept by clerks, intle::, ^-c. 1 ■'J7
to lip riitP fd ■;! th3 " -;■■>'■! to:-igns . . I.'.l, 1 oS
papers filed, &c. stealing them •• 178, 17^
fo-g'ii^ nocess, records, £:c. .• •• 18^,18/
to b.-> kept by J. P. ^.l''-
to he kppt of indarmants an.'' dn."rfif>s .... .^.'! '
'■ ' ■■ ! o -er h'.' oHicar res'a;ning • • • 4^'^
proceedings to comppl • • • 4'20
of mor; iagps, to be kept by persoiis s.olernnizing 4.02
to h? kept by recorders • • • • 4^i
of deed, marriage contracts, commissions, ^c.
C*ee Recorders) •••• •••• ^V.
to be kept by notaries public • • • • • 41 R
Recorder of land titles, fees allowed to 2.">3
Recorders, offices established, where kept, books
provided, &c. • • • 5-34, .'57t
who to be, to g' e bond, S:'- • 52.")
seal of court to be used, books, ho-.v paid for ."ii.')
what instruments to be recorded •••• .'j2.i
to make an entry on receipt of deed, &c. pnd
give receipt • • .... .... 5^
manner of recording, to certify time of re-
ceiving, &c. • • .... . . 525, 5-'G
index to deeds, &c. recorded, to be made, what
to contain • • • .... .... 523
penalties for neglect of duty or misconduct 52i)
fees of, and when to be paid .• •• 270,527
to keep registr}' of marriages, fees for making 402
penalty for making false registry 40.3
to keep abstracts of conveyances recorded 53.3
to register descriptions of lands enteri^fl for
taxation, fees, ^-c. .... .... 5.3-3
to furnish copies of abstracts and registr}', aa-
nually .... .... .... 533
to record list of lands upon Vi^hich taxes are un-
paid for three years .... .... 543
Rederajif.ion, 01 moitgagcs, by executors, &l. when
niado .... .... .... 5!
equity of, to be sold byex'r. oradm'r., when 51, 52
hov/ fore:-losed, &c. ("^ce Mortgag.is) .... 40.3
of lands U-Mo for tax, when . .... "> !
■ t ferenrp, nf oaiiseshy thficonrr, when • • • • •
ot controversies between trusteeof conv kt aiKl
creditor, when . . .*. .... 5Q4
'^'ferenee,
of controversies maj- be made to referees, (>ee
Arbitration") • .... ■ • • • 74
Registri/, of marriages, to be kept by jvn-sons
solamnizing • • .... .... 4"2"2
by recorders • . . -. .... 402
of lands entered for taxation to be kept • • 5.3.3
to be kept by notaries public • •••• 417
of deeds, (fcc. (F>ee Recorders) • • • • 5'24
Rejoinder, of several matters, may bs allowed 460
Religion, no law to be passed respecting establish-
ment of .... .... 11
free exercise of, and opinions concerning,
guaranteed • • • .... .... I], 27
Ticliginun meetings, disturbance of, punished • 209
^pJigious corporations, cannot be established • 27
Relinquishment of dower, by married woman, how 1 22
Rents and pro/its, may be recovered in ejectment 23f)
Rents, secured, how recovered, (See Landlord and
Tenant) 375
Renunriidion of administration, what considered 42
Repeal, general, of public gensral statutes • • 38^1
Repealing acts, construction and effect of .379, 385, 33(>
lEPLETiy, cases in which it li'.;s • .... 527
how commenced, writ, affidavit, bond • • 527
writ, hov^ executed .... .... 528
plaintiff ft iling to prosecute suit, effect of 528
judgment against, when, what, &c. 528
remedy of sheriff on plaintiff's bond .... 52^
of defendant .... 528
11 e plication, of several matters allowed .... 460
Reporter vii decisions of supceme court • . • • 217
Representatives in congress, election, qualifica-
tion, &c. .. 1, 2, 3, 2<3
in the state legislature, elections, qualifica-
tions, &c. •• IG, 17, 2.38
(■^ee Legislature) •• .... 387
ZJcprierf.? may be granted by governor .... 21
conditions &: restrictions, imposed on governor in 502
Reproaches in print or written, for not fighting duel,
&:c. punishment .... .... 20 3
/Ie.?f«e of offenders, Sec. (^ea Crimes & Punishments) 195
Reslitution, writ of, in forcible entry and detainer,
form .... .••• .. 281, 282
Re-restitution in forcible entrj' and detainer • 232
Retailers of merchandize, who deemed to be, (See
Merchants) . . • • . • • • . • 4C3
(?ee also Pedlers) 127
of wines and spirituous liqii.r^, (See Grocers) 291
'7r:vF.NUE, assessment and collection providetl for 528
subjects of taxation, rate of taxes .... 529
iatjs of taxes oii licsnses, (.^ee Auctions, Fer-
ries, Grocers, Billiard Tables, Inns and
Taverns, Merchants, Pedlers)
INDEX.
assessment of property, to be mads by a»s3.-cor fi'''^ |
assesf.oi- to nke list of property, from whom 53.!
of property yituated iii different county • • 53 '
duty of asfc-fjj:- in taking list • .... 532
property double tassd, when • • • • 53:2
triple taxed, when • .... 532
tax book of preceding year to be dolivorcd to
assessor • • .... .... 533
list of lands lor assossment to be furnished by
recorder, v.hen > • • • • • • • 533
assessor to make out tax bonk • .... 533
to make supplemental tax book, when • • 532
tax book, how marie out, its contents • • 533
property contained in, how valued,
assessed and classed .... 534
lands omitted, to be put in the tax book, as-
sessed, &c. • • .... .... 534
tax book, liow disposed of •• .... 53 1
appeals on assessments, hovr taken and tried 534
two copies of tax book to be made out, for whom 53 1
coZfccfiore of the revenue, by whom •• 535, 536
tax book to be delivered to collector • • • • 53r.
fines, forfeiture, &:c. collected & accounted for 537, 53
settlement of officers for tax, fines, &o. 537, 538
licenses, how issued and delivered to collector 538
how accounted for • • .... 5^3
collector to settle for fines, Sec. received from
officers .... . • ■ • .... 53S
to settle with the state for taxes, when 53J
delmquent taxlist published, when 538, 530
collection, of the county revenue, procesdaig to
levy, &c •••• •••• ^'iJ
laiid tax,, payment of, how enforced 541
not paid, forfeited to the state, when 542
may be sold for taxes, when, wnere, ho.v • 54
proceedings when land is sold, jitc. • • ol3, 5-l4
Revision, of the laws to be made every tea years i!(>
of 1835, publication, promul&tuioK, distribution 37J
Revival of judgments and decrees, how made 3o9, 34U
ofsultsatlaw • •••• •••" 4'^-*
of suits in chancery • • • • • • • • -^-^
Revocation of letters testamentary and of adminis-
tration, for what causes • 43, 44, 45, 58
~of power of attorney, how made 1:23
of wills, how mads • •••• •••
Rewards, may be olfered by govainor, wlien
by v.-arden of penitentiary, whan
Rires County, boundaries defined • • • • • • J ■^i.'
Riots, definition and punishment • • • -"iOJ, ;203
duty of peace officers •••
by slaves, how punished
Riplei/ County, boundaries defined
Gi7
5;j2
4J3
;2J3
5d".
Roads and IIic;?it,v7s, ho.v laid ouf
vacated, iiow, width of ....
application for^ how made
vic'.vers aiipointen, their duty ■
persons cggrieved may have reviewers
duty of reviewers • • • •
their report, proceedings on
may be turned or changed, how
state roads, how changed
may be vacated on petition, how
remonstrance, against vacating •
t*.*
54*;
546
54i', 547
547
547
547, 548
518
543
districts to be laid off, hands apportioned, &c. 549
to be kept up by road tax, who to work on 549
tax how levied, collected, &c. 549
how often to be worked .... .... 550
damages for 'imber, &c. how paid • • ■ • 551
posts to be set at forks of roads, how .... 551
penalty for obstfticting road, <5Lc. 5.".!
bridges, how and when built • •• 551, 5.')-2
general dut'es of overseer .... .... 5.52
penalty on fi)r neglect of duty, ^-r:. . 55'-2
duty of court when road is estal^lished on county
line .... 552
R.0AD A\D Canal Fund, how and by whom drawai 5"3
when drawn, how disposed of •• 553, 554
how to bo applied by the counties ....
liability of cou'-t for ....
may. be loaned out, when, how managed • •
biennial report, to bo made of, to auditor
state treasurer to open account.? of • . • .
no oa!n;)en6ation to coun.y treasurer ....
RoMen/, (-se ('rimen &. Piinishmnnfs. titV '>nhhc
fioiit'!, definition and punishment nf
by sla^'BB • ' .... . , -
Rimatvay^i wiiar :
Cr-ee >'l ■
fug'tives from
Justice) • • • •
5.54
554
554
554
5i4
555
-v)
■■ABBATH breaking, how punished
■ALARIKS, of civil orficcrs what ...
how paid ....
jci'es of goods and chattels under execution
of real estate imdsr same
ifi9
baa
555
253, 368
258
of property of deceased persons 48, 49, 5! to 54
of mortgaged property under a decree •••• 410
of j).::sonal propsr*y, contract fo.', v;lien void 117
d'jiivery and possession when necessary • • 17,
at auctions • • .... ....
of land for taxes, where made, »!id when
of property of insane person", when allowed
of muiorby jfuardian, when allowed 29 j
of lands when part'HO" »;2i""ot be had •• 424
T
91
513
3 >.5
692
I N D B X .
Saks,
of property by trustee of convict, when • • 504
taken by attachment, &c 81,84
Saline County, boundaries defined .... 140
Saline La.xds, may be sold at private sale • • 556
by what subdivisions ... 55f;
how sold, titles, how made • • .... 556
of the Elk and Lamine salines, how sold, i^c. 556
trespass or waste on, penalty .... 556
duty of judges, justices, &c. in .. 556,557
agent for, appointed, reiuT.'ed .... 557
Saltpetre Worics, to be enclosed, how . . 558
owner failing to inclose, liable for damages 559
Salvage, boats, ^c. adrift may be secured, how 558, 55'»
property taken up to be restored, when • . 5.')8
information to be given to J. P. .... 55y
notice to be given, proceedings in 559
property may be sold, proceedings . . 559, 560
court may order sale of propert)', when .. 56 i
embezzling, secreting, &c. penalty 560
remedy of owner for recovery of property 530, 561
salvage on property paid out of proceeds • 561
Scire Facias, costs on regulated • .... I2a
to revive lien of judgment or dscree .... 3 J9
against bail in civil suits, regulated .... 453
to revive suits agasnst representatives .. 465
for purpose of introducing new party, when 466
summons in the nature of, to revive, &c. in
chancery . . .... .... 514
to revive certain judgmsius, when to be brought 470
on information filed, concerning escheats • 24s
to establish liens on buildings, .SL-c. .... ]c8
Schools, districts for,wheni how to be organized 563, 564-
monies, when and how drawn, &c. 564
fines, &.C. appropriated for use, &,c. 56 j
districts, how compospd .... . . 555 55(5
funds of two or more, may be conjointly used 566
two or more districts of one township .. 566
districts numbered and recorded 5Gtj
number of districts may be altered, when • 566
funds of, how managed, when new coimty is
organized . . .... . . . ^ rp,-
accurate accounts to be kept of, by
whom .... .... 566,567
monies, how paid out, settlements for, &c. 536, 5i7
corporate jjowe.- of districts vested in trustees ' 567
trustees of, how chosen .... 5-7
to take oath, &:c. tenure of office ... 567
when to assemble, organize, &.c. ... 567
duties 11. reference to teachers, funds,
books, <S:c. .... ^ ^ .,._
to employ teachers, how to bo paid 56S
»<*«« efeiJdrew »o »ntet skMo^ .... 558
School*,
what branches to be taught in • • • • 6S8
fines, iSrc. to state or county appropriated
to use of .... 5o8
book for the registry of names, <iL-c. to be
procured .... .... 568
certain monies, how apportioned, &c. 669
board of commissioners for literary purpo-
ses, who to constitute • • • . . . 570
trustees to make biennial report, &c. 670
county court to make biennial report, <S:c. 570
- report to be laid before commissioners,
wlien 570
penalty on clerk, sheriff, trustees, &c. for
neglect of duty • • • • .... 570
School funds, to be applied and appropriated 24
arising from sixteenth section, how appropri-
ated 5gg
fines, penalties, ifcc. on account of 16th se'^tion
appropriated .... 556
not sufficient to pay teacher, deficit how made S58
fines and forfeitures to use of state or county,
to constitute, &x:. .... .... 563
nett proceeds of lands sold for taxes, &c. to con-
stitute, &c. .... .... 544
not to be applied to building school-houses, fur-
nisiiing books, &c. when, 567
interest of, to be added to principal, when 564
to be loaned oat by county court, how secured 564
suits for, by order of court, when 565
may be retained l)y borrower, when 565
compensation of sheriiT clerk and treasurer, re-
specting 565
ciiooL Lam>s, (Sen Seifiinary Lands.) 576
sixteenth sections, funds arising from, howap-
Plied 94,566
fines penalties, &c. incurred on account of, ap-
Ptiited 5g5
sixteenth sections, how, and when to be sold 56:2,571
purchase money iiow secured, .... 552 563
proceed. ngs to obtain title for .... 563
compensation of sheriffs in selling, &c. . . 565
waste or trespass on, penalty .... ^65
judges V charge ^rand jury respecting . . . 565
profits of, and fines, &c. appropriated .... 566
of the relinquishment of ..., 559
selection of lands in lieu of ,. .... 559
lands selected out of the county, how, . . 559
selected to be certified, recorded, .^'c. how 569, 570
duty of sheriff in selling lands selected .... 570
penalty- on judges, attorn-^ys, sheriff, &c, 570
Scott County, boundaries defined .... 140
Scravlj oquivdsat t» m. naI . .... jij**
I N D K X.
095
157
184
1:20
61G
Seal of courts, to be provided nnd kept
public r)roffi.:iai, fo-giiigor coiuiterfsitins
to process, &,c. .... ....
private, scrawl equivalent to ....
of count)', for we ghtsand measu.es, &c.
Search Warrants^ (See Crimes and Puaisliuieuts,)
title Scarcli Warrant) ••• •••
Seat of justice^ removal of, how and when allowed l-lS
Seat of government, commissioner of • • • 114
commissioner of, his general powers and
duties •••- 114, 115
Second offences, punishment of, in different cases 2 1 2, "2 1 3
where first offence in another state •••• 213
at what time imprison ment f .r, to commence 213
Second trial, for same offence, when to be had
when not to be had .... .-:,•:
Secretarv of State, how appointed, &-c.
liable to impeachment, .... ....
.hiso.ith, bond, residence, &c. • • • • 571, 572
his compensation, (See Fees, Salaries) 271, 555
his general powei' and duties •••• 572,573
pro tern, maj' be appointed, when, his com-
pensaliou .... • • • • 57~, Sl-i
contingent account of, when to be settled, 573
■duty in distribution of the laws .•• SB"*, 383
one of the commissioners, for litsrary purposes 570
powers and duties as such • • • • 570
to be stale librarian, duties •••• 5"J 2
penalty for neglect of duty, taking illegal fees, 573
duty in relation to the census • • • • 110
Securities, remedy of, against principal 573,574,575
may require obligee to commence suit, when,
24, 25
57G
576, 577
577
576,577
577
214
214
22
19
^EMiXART Lands, how to be appropriated
comm-ss'.ouHrs appointed for sale of
powers and duties of . . . •
vacaiic)' of, compenjalion • •
entries for, when and how made • • • •
proceedings to obtain patents for ....
Se.vators, of U. S. how elected, form of creden-
tials 3,578
when appointed by executive, form of creden-
tials • • • • ^• • • 578
of the state, election for, when • • • 338
Senate of the U. S. constitution, election, classifi-
cation ■ • • • • • • • . • . 2
of the state, election, classification, quEilificatioa 17
president of", who to be .... .... 21
when to act as governor • • • 21
Sepulchres, opening and removing dead bodiesfrom,. 20T
Sequestration, process by, against exr's and admr's 62
to enforce execution of decrees in chancery 517
to enforce payment of alimony .... 226
Sergcant-at-arms, to execute process, i-c. when 390
compens 'tion of • • • • .... 391, 393
66
179
how .... .... . . •
remedy against each other
of public officers, how relieved
remedy against principal, and each other
to secure school funds loaned • • • ■
574
574
575
575
564
61
BSD
374
63
43
•i70
497
ri7
of exr's and admr's, proceeding against
on appeal from justices court, liabil ty of
in cases of breach of the peace
on appeals from county to circuit court ••••
of exr's and adm's, who shall not be
on appeal from circuit to supreme court
on appeal in criminal cases, &c.
on appeals in chancery • • • • • • • •
Security for costs, when required in courts of re-
cords .... .... .... 1^1, I vfl
to be taken on proceedings against fugitives, 288, 8!1
when to be taken in justice's courts • • •
Seed horse ., not permitted to run at large • •
Self murder, assisting in, manslaughter
forfeitures for, abolished
StiUng fotsoH without label, ptnaJty
35i
355
579
579
608
57
Servants, indentured, (See Apprentices) • • • •
embezzling, &c. by, punishment • • • •
^ii,T Off, of mutual judgment, debts, &c. before
J. l^. regulated .... • • • •
in suits before J. P. by exr's and admr's.
mutual debts, may be, in what cases • • • •
pleadings, evidence, judgment, &c.
of claims against the state • • • •
Settlements, by exr's and admr's, how made, &c.
of accounts between counties &^ individuals 151,152
by public administrat') .s, how 66
by commissioner of the seat of government 1 15
by administrators wlien there are no known heirs 246
by guardians and curators, how enforced, ^'C 293
by guardians of insane persons • • • • 322
of accomits of officers of penitentiary, (See
Penitentiary.) 433
of accounts of revenue officers, (See Re-
venue.) 535 to 544
of public accounts, (See Treasury Department) 608
of contingent account of secretary of state 573
of commissioners for sale of seminary lands 577
Severing produce from the soil &c. • • • • 179, 181
from buildings, &c. with like intent 181
from fences, gates, windows, enclosures, &c, 181
SAe%<;oun<j/, boundaries defined •••• 140
349 SHERIFF, election of, term of service, vacancies
308 certificate of election, fro n w>-om
166 election of, contested, how determined
214 bond to bo given, when, how, where filed 579, 580
31| ' oi>.tk of office, csrtificat*, &«. to b« recorded, S80
22
579
242
694
INDEX.
Sheriff',
may appoint depaiies, liow, (fee. ... 5S0
duties of, in reference to breaches of the psics 34')
vacancy of office, to be certified to tlie governor 58 t
fees of 268, 2G.9
to settle and account for money accruing to his
county ]51
how compelled to pay over money col-
lected 158, 159, 2(iO
court inay appoint some person to discharge
duties of • . • . .... .... 158
duties of, and liability, on executions, c^-c, (~-ee
Executions.) .... 05)
to attend courts, provMs st.Uionary, fuel, &:c. ] G i
accounts for, how audited and paid .... 16!
duty and liability as keepers of jail ... 331
may be confined in jail of his ewn couuty S3,-!)
to keep and settle accounts for money accruing
to the state 5.35 to 544
to be collector of the revenue, (.See 11,^-
veniie 5S5to514
to sell school lands, &c. his duties in .... 5(]y
for his duties in particular cases, (See the seve-
ral heads.)
^Aooimo-, with intent to kill, punisimient ... 171
Slandek, certain words declared actionable 581
Slavery, free persons held in, how to sue for freedom 285
Slaves, escaping from one state to another to be
given up .... .... ... g
power of legislature concerning, defined 18, 19
when to be sold for purpose of distribution 60
when to be sold by ex'r &c. for payment of
debts .... .... .... 48
may be hired out under direction of courts 49
hire of to be paid to widow, ,\ hen .... 61
dower in, what it shall be 228
(See Crhnes and Punishments, title Slaves.)
introduction of, into the state, police regulations
concerning, &c. .... ....
certain, prohibited, on penalty, &c.
belonging to non-residents, prohibited . • .
penalty to hire, harbor, <l'c.
not to hire their own time, or deal as free per-
sons . • .... ....
duty of sheriffs, coroner, constable, and justice
in reference to ....
581
58 J
582
5b3
583
583
going at large, &c. taken up, proceedings 583, syj
not to sell spirituous liquor to another sl^ue,
penalty on master .... ....
ha/r; J ing another slave, how punished . • .
not to depart tenement of master without e
pas* • • • • .... (;l.'i n-
*^ • • • • • • 564, 58j
584
584
Slaves,
gun, or other weapon, found hi possession o/,
how disposed of, S,-c. .... 585
ho<\' p;of:ee;!ed against, for riots, vVc. and sedi-
tious spe 'ches . .... .... 585
not more than five to assemble together at one
time, except, &,c. .... .... 585
white person, &c. found in unlawful assembly
of, punishment .... 585
(kity of justice, sheriff, constable, tc. in case
of unlawful meetings .... . . 585, 586
how punished for disturbing religious meetings 586
penalty on farry keeper for crossing over Missis-
sippi river, &c, 586
trading with,\. thout oormit, penalty 586
not to be moved out oi the state, <S.-c. in certain
cases ... 586
grand jury to be charged, respecting 587
presentment against, cognizable before J. P. 587
emancipation of, regulated .... 537
how they may be, proceedings, and effect of 587, 588
fees of clerk for duties respecting, by whom paid 588
ta.^es, &c. after emancipation, by whom paid b8B
gifts of, regulated . . 588
when they shall pass by 588
in fraud of creditois, (See Fraud) .... 283
declared to be personal property .... 588
concerning runaway slaves, regulated . • 588, 589
warrant to apprehend, when, &c. .... 589
committed to jail, sheriff to advertise, <i-c. 589
owner not appearing, slave to be sold, effect of,
and proceedings . . 589, 59Q
proceeds of sale, duty of sheriff, auditor and
treasurer in, <S;c. .... .... 5gg
money paid into tlie treasury, how obtained 590, 591
reward for, to whom, and how paid .... 591
to be retained by sheriff, when, &c. 591
sheriff liable to pay fees, &c. when .... 591
who declared to be a runaway .... 591
jailor's fees, expenses, ^-c. to be paid by the state 59 1
may be discharged by habeas corpus, when 591
fugitives from other states, proceedings, to take 289
other case-i concerning,
penalty on tavern keepers for dealing with, har-
boring, ,c. ... .... 318
on grocers selling liquor to, &c. • • • 29i2
masters liable for trespasses committed by 612
firing woods, &.c. master to pay penalties . 624
not to be witnesses except in certain cases • 624
Snii-tU debts, collection of, (?ee Justices' Courts) ,347
Soldiers, not to be quarteretl in any hou.se in time
of peace, except, t&c. .... .... 12
may dispose of property by will, how .... 618
INDEX.
G95
Spiritvoui Liquors, selling to Indian?, prohibited 312
retailing without license, penalty .... 23 ^
selling. Sec. to slaves, by grocer or tavern
keeper ■• 292,318
selling by one slave to another, penalty • • • 584
Stabhjnir, with intent to kill, punishment • • • • 171
Stollionn, not permitted to run at large • • . • 308
Standard^ ■<xeights and measu.es • • • • • • 61fi
State, boundaries of • .... .... 1 "i
State Treasurer, ("'ee Treasurer, Treasurj' De-
partment) . • • .... .... C05
Statutes, to be revised, digested, &c. • • • • 2''
actions upon, when to be brought .... 394
pleadings thereon • • .... 460
of other states, how made evidence .... 250
(oee Laws) 378 to 38<i
State Library, regulation of •. .... 591
who to be librarian, his duties, &c. .... 592
to be kept in the state house • .... 592
expenses, &c. incurred by librarian, how paid 592
accountsof librarian to be adjusted,&c. by auditor 592
books not to be removed from, except, <S:c. 592, 593
strangers may be introduced into . • • • 593
librarian to sue for penalties, &c. .... 593
State Prison, (?ec Penitentiary) • • 434
Slay of execution allowed • • • • • • • • 3G3
Stealing property, (-■ee Crimes and Punishments,
title ?tenling Property)
Steam boats, negligently, &c. bursting boiler of 1 G9
death produced by, manslaughter .... 1G9
master, commander, &c. taking slave out of
state, without authority, S^c. .... 580
Stoddard Covnfi/, boundaries defined •••• 110
St. Charles County, boundaries defined • • • • 139
St. Francois County, boundaries defined . • • • 1 38
St. Genevieve County, boundaries defined • • • • 139
St Louis County, boundaries defined • • • • 139
Stolen property, ("3e Crimes and Punishments,
title f^tolen Property)
Stravs, may be taken up, when, by whom ••. 594
information to be given, appraisers appointed 594
duty of justice, taker-up, and appraisers . • 594
duty of clerks, respecting • • • • 594 to .)97
printer to l-e employed to publish • • 594, 595
list of, published and transimttecl to clerk, his
duties .... .... .... ojo
duty of the printer, his fees • • .... 595
proceedings of claimant to prove .... 595
property in, vested ui taker-up, when . • • • 595
-escape or die, v.ithout fault, laker-np not liable 595
reward for taking up, penalty for selling, <S:c. 595, 5')6
penalty on clerk, printer, justice, ^c. failing, &c. 596
proceedings in taking up cattle, hog or goat 596, 597
Strays,
penaln- for taking up, ic. contrary to law . 536
Suljmi.<!sion to arbitration, (It'ee Arbitrations) • • 70
Subornation of perjury .... .... 191
attempt at • • • • .... .... 191
what facts sufficient to set forth in indictment for 191
Smttikiow, in justices' courts .... .... 349
against corporations .... .... 125
in forcible entry and detainer • • • • • 277
in civil act'ons in courts of law .... 451
in suits in chancery .... .... 506
Sunday, certain process not to be served on • • . 625
laboring or compelling others to labor on, pro-
hibited 209
horse-racing, cock-fighting, playing at cards on,
prohibited • . • . • • • • • • • 309
goods not to be sold on, after 9 o'clock, A. M. 209
norliquo. 209
courts not to sit a»d transact business on, ex-
cept, &-C. . • • • • • • • .... 160
Supreme Court, constitution, jurisdiction and
powers .... 23, 32, 15S
practice in, regulated .... .... 518
opinions of, to be in writing • • .... 217
judges of, not to sit in certain cases .... 159
terms, w hen and where holden, (See Courts) 162
Supersedeas, on writ of error, how obtained . . ■ 520
on appeal in chancery, when • .... 5I7
on appeal in criminal cases • • • • • • 49S
to ijroceediu'i-^. in forcible entry <& detainer 281
Surrender, of leases to be in writing • • • • 234
of letters testamentary or of administration 44
Sureties of the peace, when and by whom may be
required • • • • • • • • • • 472, 473
maj' be required of convicts, when .... 494
i.i .Ti'es of du;., 11^ .... .... 202
Surveyors, to be elected, tenure of office .... 597
vacancies, how filled .... ... 597
to execute orders of court. <S'2- .... 597
interested, others to make survey .... 598
to keep record of surveys, furnish copies, &c. 598
lands divided by count}-^ lines, how surveyed 598
chainmen and markers to be swom, expenses
of, how paid • • .... .... 598
conipensatiou of chainmen, tc. .... 598
to attend commissioners, in setting apart dower 230
may appoint deputies, ^c. • • .... 598
to run county boundaries, when .... 141
duties in reference to perpetuating testimony 444
fees of 270
Surveys, what deemed competent evidence 5D7, 598
records of, and copies furnished • • • • 598
of lands divided by county lines, how made 598
G96
INDEX.
Surveytr Oeneral, copies of plats, surTeys, &c
evidence .... .... ....
his fees .... .... ....
TAVERNS, (=:ee Inns and Tave.na)
Taxes.) how to be levietl ....
assessment and collection of •
property liable for .... ...
property exempt from • • • •
upon real estate, how enforced . . .
real estate, when, how and wheie sold for
for county purposes, how levied, <S:c.
upon what to be levied for county purposes 540
rates of, on licenses, See the respective heads)
Tenancy in common, what estates .... J 19
partition of ... . .... .... 400
in ejectment by one tenant against co-tenant 235
action of account regulated in .... 37
Tenants^ holding over, &c. liable for double rents 376
[See Landlord and Tenants] .... 375
Testimony.^ how taken on proceedings in the leo-is-
lature .... .... .... 339
of persons ivithin the state ••. .... 220
out of the state • . .... .... 330
how perpetuated • .... .... 444
in justices' courts .... .... 353
[See Evidence, Perpetuatijjg Testimony, De-
positions.]
Three per cent, fund, [Fee Road and Canal Fund] 55'!
Threatening letters, sending to obtain properfj' 177
to accuse any person of a crime, 4"c. .... 204
Toll, at public mills, regulated .... .... 494
rates to be set up, penalty for unlawful • . 405
Town Plats, how made, acknowledged, &.c. effect of 599
where to be recorded, how prssarved .... 599
penalty for selling without riling .... 599
filing false, penalty for .... .... 599
on change of county lines or new counties, how
disposed of • . . .... .... gQQ
Towns, incorporation of, regulated .... gOO
may be incorporated, how ... . . (JOQ 601
corporate powers vested in trustees .... 601
trustees, how elected, appointed, qualifica-
tions, &c. ... .. 601,603
their general powers and duties .. 601 602
chairman, his duties, term of service, S^c. 602, 603
heretofore incorporated, corporate powers to
remain .. 603,604
may be dis-incorporated, proceeding to •.. 6U4
effect of dis-incorporation ... .... fiOj
dis-incorporated, trustee appoint rl 60 )
his powers, fkuics &. compoiis.ition 604
revenue of, how appropriated • 604
Townships, how laid off, subdivided, Ac.
nam." nnd description to be recorded
to be transmitted to secretary of state
Tran'>lators, may be appointed by courts
fees of .... ....
605
605
163
270
Treason, ("ee Crimes and Punishments, title Treason.)
Treasure-, county, ( ee County Treasuries,) . I50
state, one of the inspectors of the penitentiary 434
power and duties as such .. .... 434
Tluties respecting the road and canal fund 553
respecting the collection of the revenue,
[See Revenue.]
one of a board of commissioners for literary
purposes . . 57Q
his duties as such .... .... 570
his general duties and liabilities, [See Treasury
Department] -60510 612
Treasury Dm-AUTMENT, organization of 605
embracing offices of treasurer & auditor 6»5
auditor and treasurer, whereto reside, and kedp
their oiLces .... ... cn^
to be commissioned, to take oath, give bond, ^c. 606
acting without, penalty .... gQG
not to be commissioned until bond given 606
to keep seal of office ...... ggg
nf the auditor, his general duties 606 to 608
the general accountant of 'he state . . . 606
to prepare and make report to geneal as-
^""^b'y GJ6, 607
to perform certain other rluties .... 607 608
hisdutiesin the settlement of claims 4- accounts 608
accounts to be exhibited to, for settlement 608
to be audited within two years .... 608
what claims may be set off against the state 608
power of auditor in the settlement of tJOS 609
settled, to be preserved, copies to be given
when, "tc. ggg
duty of, on duplicate receipts of treasurer 610
warrants to be drawn by, on the treasury, when 609
persons dissatisfied with decision of, proceed-
'"gs 609
duty of, when claims are audited and no appro-
priation gQg
collectors who have not settled, &c. to be re-
ported by 609
0/ the Ireaxurer .... .... ggq
to give bond and security to the governor 606
approval of, to be endorsed, filed, «&r. 606
certa'n duties to be performed by ... 609 610
to g'-ant duplicate receipts, when glO
dutv of persoiis receiving same, &:c. 610
miscellantous provisions coac6tnii\g .. 610to6i;i
I N 1) E X i
607
dffhe treasurer^
auditor and treasurer pro tern, may be appointed GIO
their compensation . . • . 610
settlements to be matls witii former audi-
610
611
611
tor and treasurer • • • •
auditor and treaf:iirer ma}' admiiiiof.3r ontlis
may have access to each others oTires
to keep letter hook, copy official IsttRrp, &c. 61 1
neglect of duty, oppression, extortio:i, &.•:. Gil
memhers of gena.-al assemhly to inaks set-
tlement with, h-nv selected, their du-
ties, &c. 611,612
auditor issuing unai't'ioized warrant, penalty 61 1
treasurer refusing payment of warrant, tc. 611
'trees, cutting, ^-c. when treh'e damages rscoreraWe 6' 2
fruit, maliciously injirin; •••• 181
ornamental, injuring malicionsiy . . • • 181
containing marks of bou irlarles, destroying, de-
facing, kc. .... .....
mav be cut to repair r ad-', it?. .... 550, 551
fallen, cross roads, penalty for not reno.-ing 551
Tai^srASS, a-fion of, jurisdiction of .T. P. in
on school lands, penalty, duty of the court
on saline lands, penalty, &z.
on county bnild'ngs, pei-a'ty • • • •
by anima's, where fen-e is s'lTmient
treble damages racoverah'e in ce -tani cases
in ihro".vingdo'.vnoropeirnggites, &;^. penally 612
committed by slave o-.vner, Ac. to pay di-
612, 61.^
613
Trust,
void as to creditors, &c. when 283
deed of, to be recorded • • • • • • • • 525
Trustee, of insolvent debtor, appointed • • • • 330
his po-.vers and duties .... 330,331
of debtors imprisoned for crimes •••• 503
po vers and duties of .... 503 to 505
of disineorporatcd towns • • • • • • • • 604
his powers and duties 604
Trustees, of school districts • • • • • . • • 563
their g'^nera' powers and duties 553 to 568
UNITED STATES, persons committed for of-
fences against, to be received i*^ penitentiary 442
escape in such case how punished 442
to be imprisoned in county jail, when 336
duty and liability of jailor in such
case 336, .337
fen-; of jailor, how paid • • • 337
^^- j Unkno'.rn defendants, liow made parties in chan-
cery • • • • • • • 507
in fu'ts on rmrt^ages .... 409
Unknown parties, in partition, notice to • • • 422
in such case, the fact to bo stated in the peti-
tion 422
shares of, on part't'on, how invested • • • 425
Unlairful «,»<•<■???'»/)', defniif ion & punishment of 202, 203
US
5 "5
14:)
311
612
proeeedings for dispersing
of slaves, proceedings for dispersing • • • •
white persons found at, penalty . • • •
duty of ,T. P. in such cases • • • •
TTar^ conveyances to, their operation ....
U.1P and OTupatt'on, actions of assumpsit for
Usi/rpatinn nf nfjUre, definit-lon and punishment
203
535
S?5
5S5
234
375
201
mages • • •
plea of ganeral issue, in what art'ons
in action of, before .T. P. title of laml d.awn in
question, proeeedings ••• ••••
action of, may he inainta'nsd mi "e-tain cases 237 lUsuri/. nrohMvtion against taking
(-ee Crimes and Pun"sh-ne:its, title Trespass.) i| . plsT o*". how made, proceedings
!rna/«, hy jurv,'"ghtof;-se-u red .... •• 11, 27 i VAC ANCIT^^-. in g-neral assembly, how filled 337
befo-e.l. P. in civil cases '^^^ ! ["^ee the various oTicers enumerated in this Index.]
in the ci;-c rtco irt, in civil casei 461 i Vagrants, who deemed
333, 334
314
sues of fact in, to be tried by jury, court or
4fi3
4(il
431
462
462 to 464
referees • • • • • • • •
TW(d, proceedings on, and incident to
proceedings preparatory to
may be continued . . . •
ptoceedings at ••••
jurors, who not to be .... ....
in chancery, when, how, &c. • • • •
injunction to siay, on what term
(See Crimes and Punishment, title Trial.)
Trover, for goods received contrary to statute, form
of declaring in •••• ^5'
pleadings in such action .... 459
wa-raut to apprehend, by whom issued
trial o', how, &c. proceedings • • • •
minors, proceedings against, &c.
to be bound apprentice, how . • • ■
hire of, dut}' of sheriff, &c.
tlu'y of grand juries, &c. ....
463 Van Buren county, boundaries defined
511 1 1 Venue, change of, in civil cases
313
JVwf, conveyance or declaration of, to be in writing 2841, cost attending, by whom paid, how collected MS
89
for what causes, how and when ....
awarded in vacation, proceedings
when order for, is made, duty of clerk
duty of clerk of court, to which the cause is cer-
tified • • • • • • • • • • • • 615
613
613
G!3
613
613, 614
614
614
140
614
614,615
615
• . 615
698
I N B E X .
P^ennc,
papersldst, &(J. proceedings • 615
in criminal cases^ for what causes .... 486,487
[See Practice in Criminal Cases.] ^SG to 4d8
Verdict, in criminal cases may be set aside, when 4d I
in civil cases, set aside, when ..... 47(j
■ several counts, some defective, verdict,
&c. good . ' • • • • • • 47U
in detinue omitting value, &.c. proceedings 224
of jury in forcible entry and detainer regulated 2M
on inquest, &c. .... .... oil
certain defects to be disregarded after 468, 4orf
and to be amended ,..-.. .... 46j
may be received on Sunday .i.. Ibu
Vessels, lien upon, and collecting demand against lU^i
[See Boats and Vessels.] .... .... lUJ
[See alsoCnraestfc l^umshments, title Vessels.]
Vbluntary escape, in criminal case, how punished 196
Voters, qualihcation and privilege 17
[See Elections.] . . • • . • > • 237
WAGER of law, not allowed 45ci
Warden of penitentiary, his jjeneral duties Ad'i to 4ntj
[See Feiutentiary.J • • • . • • . • 4J-i
Warrants, fcoin justices' courts, when .... b5j
to whom diiectecl, how executed .... 'ob^
form of, service, return .... .... ijSj
defendant, how long detained on .... oa_
adjournment of cause on .... ij55, o6o
on couiity treasury, when to ba drawn .... i.i>u
abstract of, to be kept .... .... 15u
to be registered .... .... j^o.^
penalty for not paying .... .... 16^
on slate treasury, when to he issued .... Ouj
(See Treasury Department.) .... 6U8 to ui^
on criminal charges, [See Crimes and Punibii-
ments, title Warrants.]
Warren county, boundaries defined .... 140, Ul
Fftti/iin^uon cownii/, boundaries defined .... 141 i
WasiC, liability of exr's and adnir's for .... 44, ti- |
[Dee Administration.] 43. G ) , o2
on county builchng, penalty, &c. .... 149
on saline lands, penalty .... .... 53(j
on school lands,, penalty .... .... sgj
n^aj/?ie counij/, boundaries defined 14]
Weights and Measures, standard to be jjrovided 61^
to be kept by clerk, tried, sealed, «Stc. .... 61 6
notice of, to be given .... .... 616
penalty for using illegal .... .... 616
to be inspected in each township by constable 616
Widow, allowance to .... .... 48
until dower assigned .... .... 61
allowTinc* to in addition to dower • • • • 48
Widow,
estate to he delivered up to, when » • • • 60*
rights of, when real estate sold to pay debts, GO*
of what to be endowed,^ [See Dower.] 227, 228
jointure of, [ -'ee also DoweiJ .... 229
fVife, cannot devise, except, &c. .... 617
conveyances by, how to be acknowledged, 123
relinquisiineiit of her doiver 122
letters testamentary or of administrator Cannot
be granted to • . .■ . ....... 41
dower of 228
may be divorced, for what causes . • • • 225
abandoned by husband, maintenance allowed 226
may have decree for alimony, when .... 226
[See Divorce &, Alimony &. also Marriage] 22B, 401
Wills, who may make, iiow made, &c. .... 617
who shall not be executor to- . • ..... 41
what may be devised, levocation of .... 617r
married woman may make, when .... 617
wlio shall take proof of .... .... 41, 618
to be recorded ... .... .... 618
probate of, where and how taken .... 41, 618
exhibited for, to be granted or refusetl 618
testimony on, good on trial, when, &.c. 619
proceedings to test validity of, &,c. . . 618, 619
new trial and appeal allowed in such cases 619
not contested within five years, vald, saving, &c. 619
devising real estate, where to be recorded • 618
of personal estate, who may make .... 61T
devisetosubscribing witnessvoid, when, &c. 619
creditors competent witnesses, &,c. .... 619
w.uiesscs examinefi, &c..noi to take legacy 620
l-gcUet!scuinpeteiit witnesses, when .. 619,520
ueaii) ot, beloie testittor, legacy not to lapse 620
to coiitrioiite lo children not providetlfor 620
to reiuncl whan, now compelled . . 620, 621
coiisti iiCt'Oii ol ceitam .ievises .... t)20
muy '!!' iniide by citizens of other states, &c.
piucteiliiigs in sucn case • • .... 619
nu;ic«;jai«e, vviien allowed .... •. 617,618
how to be esiaolishcd .... .... 618
probate of, when and how taken .... 618
when not allowed .... . . 617, 618
[See Crimes and Punishments, title Wills]
Witnesses, to wills, at least two required . . . 617
in courts of chancery, how examined . . 511, 5l2
attendance of, how compelled
before legislative committees .... 389
before arbitrators and referees .... 71,74
fees ol, in such cases, .... 74
to prove deeds, <tc. before officers . . . 122
to have testimony perpetuated ^ • * » 44S
I N © fi X .
69«
not to be jurors, when • • • • • • •
courts of record may issue subpoenas for
how summoaed in justices' courts
liability fornon-atteiid:uice in • • '
compulsory process for, when to issue • •
proceedings on • •
refusal to testify, proceedings • • • '
penalty for non-attendiace • • • • •
subpoenas for, issued by J. P. in all cases
privileged from arrest, &c. • •
subpoenas for, service, return •
habeas corpus, to bring up, ^c. when • •
in causes before J. P. how . . . •
proceedings in such case • . . . •
after testifying to be remanded . • • •
ministers not to disclose certain confessions
physicians not to disclose certain information
not incompetent on account of religious belief 623
negro or mulatto incompetent, except in certain
463
621
357
357
621, 622
623
622
622
622
622
622
443, 623
623
623
623
623
623
624
419
419
419
143
48
46
619, 620
619
;-'7 1,272
272
273
286, 320
cases . • • • ....
what religious, belief necessary • • • ♦
not required to declare belief • ♦ • • • •
competency of infants, &c. how tried
inhabitants of county, against their county
ex'r. or adm"'r. compete.it, when • • • •
to assist in making inventories
to will, when competent, when not
devises to, wlicn void, when not
fees of, regtiiatsd • • • •
account of, to be made out
may be collected by fee-bill
[See Fiig'.tivcs A-om Jtstico, ln<iuestj
in criminal cases, [See Cjimes and Punishments,
title Witness]
Woman, imprisoned, kept separate fiom the males 335
age of consent for marriage • • .. 401, 402
if married, may make a will, when 617
[See Crimes and Punishments, title Woman]
[See Divorce, Dower, Married Women, Wife,
Widow, &c.]
Woods, Marshes and Prairies, penalty for firing 6^1
who liable for damages for, and when 624
Wrecks, how taken up and secured ^ • • 559, 560
[See Salvage] • • • • • • • • 558
fTrifing, pleaded to be received in evidence, unless
denied on oath • • • • • • • • 463
loans of goods or chattels or slaves, when to be in 283
leases not in^ operation of • • • • • • • 284
for three years, good without, when • • 284
assignment and surrender of, to be im 284
Writing,
declarations, grants, and assignments of trusts,
to be in • • • • •• • • 284
certain agreements to be in. • • .... 117
certau; contracts for sale of goods, &c. to be in,
when 117,118
what to be deemed, in forgery • • • • 1*^°
Writs and Prcclss, style and attestation of 24, 625
not to be executed on Sunday, nor 4th of July,
except, &c. • • • • • • • • • ■ ^^
alias may be issued • • • • • • • • "^5
process to bring in representatives of deceased
parties, &c. ^25
power of court in issumg • • ' • '^'"^
to be in the English language • 153
return of, may be enforced by courts, how 158, 159
not to be served during elections, when • • • 241
not affi cted by reason of failure of term, or
adjournment of court 160
proceedings in case of resistance to- • • • • 448
officers wilfully refusing to execute, &c. • • 196
against corporations, on whom served 125
counties, on whom served • • • • 143
in chancery cases • • • • • • • • 506
in civil actions at law, regulated • • • • 450
clerks to attest and affix seal to • • • • 1 13
in justices' courts, regulated • •• 348,349
return to specify time and manner of service ^73
forms may be prescribed by supreme court • 155
•I .... 474
t/t cnmiiial cases, • • • • •
[See trimes<Si Punishments, title Writsis Procesti .
what to be in particular actions
[See the various courts in this index]
Writs of Error, arc writs of right • • • • 518
from circuit to county court, when • • • • 618
in criminal cases, regulated • • • • • • 497
supersedeas in, when, how • • • • 498
when to issue out of supreme court 618
supersedeas in civil cases, when, how 520
within what time to be brought 518
netice of, to be given to defendant, &c. 520, 521
assignment of error and joinder, when to be filed 521
practice and proceedings on, [See Practice in
Supreme Court] • • • • ' ' ' * ^Ig
costs on, regulated • • • • • • * • ■'■30
Writ of inquiry of damages, on interlocutory judg-
ments, when" •••• "•* 461
inreplevin 527
of possession, in ejectment • • • • • * 235
oi habeas corpus •• 443,623
[See Habeas Corpus] • • • • 296
ehrata,
IN THE TEXT OF THE REVISED STATUTES,
Pagt 50, 5 48, word « end," in the first lino, sJioiiM l.c •• one."
P. 52. $ 8. word .. such," In third line. sI.om',1 I.e "rc^C-" s,uV^ occurs in the manuscript.
/». 82, 5 51, word " issues:^ in first line, slioi.ld Ih, - /,^„ed." «,««" occurs in the inauuscrlpt.
P- 114, $ 2, word " Ae." in third line, sh iild he. '• <Ae."
P. 119, $ 2, word "interest,''' in third line, sliouhl lie •• intent.^'
P 179. $ 40. word "o/." in third lii.p. should he "/or."
P- 195, \\ 31, in the fourth line iusi-n ilm word " not,» hefore " exceed."
P. 222, $ 1 , word •• be:' in seroiid riue. shouhl he <• die."
P. 225. $ 6, word " detinue," ii sPcond line, slinuld he " detention."
P. 22b', $ 6. after "caxca," in first Mtip, ijisert •• o/ divorce."
C !!?' ! f.' '""" " "''■''"'""'•" "" '''"•' "^"•' ''■"'""' "'« " '''=".«»'^<.«^"-« defendant" occurs In the mnnuscrlpl.
P 241, 5 3b, word '• p«." sliouhl he "prenei.te.d "
A 332. 5 38, word " .erred.- i„ s^rond line, shouM he •> *u«,/,"_.. «rr«</" occurs in the manuscript.
P. 339. $ 4, word "defend." in first line, should he " defendnnt."
P. 410, first line on the page, after word " iri," insert " act.a,,.,." ■
P. 459, $ 21, word " de/araJien," in third line, should be •• dedarofion."
P. 468. 9th suI«divlslon, $ 7, word ^ providine," should he «^ „runin„ "..„•.•«
p EOQ ^ o J „. , ^ saouia lie pruning, — ' proryrf/n^" occurs in the manuscript.
P. 508, $ 2. word " not,- .„ fourth line, should be <• nan,"-" not" occurs in the manuscript.
P. 509, 5 14, first line, after the word '•■bill," insert "filed."
P. 586, $ 37. word •« held," in third line, shoiUd be » had."
P. 527, last line, word " harmlesH," shorxM be " harmless," and word " .«.*;«.," should be «. io„cA.-«^."
,;t./.',,
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