xt7z08638246 https://exploreuk.uky.edu/dips/xt7z08638246/data/mets.xml Missouri Missouri Historical Records Survey. United States. Work Projects Administration. Division of Women's and Professional Projects 1937 ii, 85 l.: map; 28 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3.W 89/2:43 M 69o/no.82 books English St. Louis, Mo.: the Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Missouri Works Progress Administration Publications Archives -- Missouri -- Pike County -- Catalogs Pike County (Mo.) -- History -- Sources Inventory of the County Archives of Missouri. No. 82. Pike County (Bowling Green) text Inventory of the County Archives of Missouri. No. 82. Pike County (Bowling Green) 1937 1937 2019 true xt7z08638246 section xt7z08638246 I y (.2?! .1, we); { ‘ I . “ UNIVERSIT; Os KENTUCKV ‘ I I

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5 No. 82



3 . p .


‘ Prepared by
The Historical Records Survey
Division of women's and ProfeSSionaI Projects
Works Progress Administration
V * * * * *
St. Louis, Missouri ‘
The Historical Records Survey
Fovember 1937


‘ A notable undertaking of the Historical Records Survey in 1956 under
auspices of the Works Progress Administration was a complete, condensed
inventory of official records in every county in the United States. The
purpose was twofold: first, to list public records in county offices in a
reference volume for the use of county officials and the general public;
second, to locate and catalogue old records and incidental documents having
historical value. The Missouri Survey was originally sponsored by the
Federal writers' Project but on October 15, 1956, the two projects became
separate entities. Horace F. Grimm was appointed State Director of the
Historical Records Survey in Missouri on February 8, 1937.

The objective of the Survey in Missouri has been the preparation of
complete inventories of the records of state, county, city, and other local
governmental units. Although a condensed form of entry is used, information
is given as to limiting dates of all extant records, the contents of in-
dividual series, and the location of records in the county courthouse or
other depository. The record titles are arranged under the offices to
which they belong with proper cross-references. Preceding the record
entries for each office is a brief statement concerning the history and
functions of the office.

The Inventory of County Archives in Missouri, when completed, will con-
sist of a sepaeEEE‘fifiit“?6¥‘eEEH"Esfifity‘in the—state and one for the City
of St. Louis, which is not a part of St. Louis County. These volumes will
be numbered according to the alphabetical position of the various counties
in the state. Thus the inventory herewith presented for Pike County is
No. 82.

The Pike County survey was started in March 1956, and completed in
August 1957, by Forrest Smith and Hubert'watson, field workers, who were
entirely responsible for the completeness and accuracy of the inventory.
Final editing was done by the state office staff in St. Louis under the
direction of Ellis VcClenning, office manager. Editing of record entries
was supervised by William H. Michell, of narratives by Raymond T. Kelly,
and of legal data by George J. Schlueter and Karl Kimmel.

Special acknowledgment is due the WPA officials of Missouri who were
quite generous with their time and efforts in helping us produce this
volume. Also to the following county officials whose cooperation was a
considerable factor in the completion of our work in Pike County: Howard J.
Piddleton, J. B. Jones, and W. T. McElroy, county judges; Jeff D. Gates,
probate judge; Paul H. Sanderson, county clerk. Mrs. Laura E. Basye,
widow of 1. Walter Basye, author of Pike County historical sketches, was
especially helpful in supplying necessary historical data.

The various units of the Inventory of County Archives will be issued in
mimeographed form for free distribution t3 state and local officials and
public libraries in Missouri and to a limited number of libraries and
governmental agencies in other states. Inquiries concerning particular
units of the inventory may be addressed to Horace F. Grimm, State Director,
4156 Evans Avenue, St. Louis, Missouri.


‘ ‘ ii

‘ Preface

The Historical Records Survey in Missouri is a part of the nation—wide
project which bears the same name{ and is under the supervision of Dr.
Luther H. Evans, National Director, Washington, D. C. General regulations
and procedure applicable to all projects in the 48 states have been followed
in Missouri.
St. Louis, Missouri ' Horace F. Grimm, State Director
November 17, 1937. Historical Records Survey
St. Louis, Missouri

A. Pike County and Its Records System
1. Historical Sketch . . . . . . . . . . 5
2. Governmental Organization and Records System . . . . . 5
5. The Housing, Care, and Accessibility of Records . . . . 12
4. Explanatory Notes, Symbols, and Abbreviations . . . . . 14
B. County Offices and Their Records
Io County Court a c o u n n n I c o 1.6
Proceedings. Commissions, Oaths and Bonds: Official,
Public Liability. Bond Issues. Roads and Bridges.
Schools. School Funds. Insane and Indigent. Taxation
and Revenue. Fees. Inquests. Applications and Bids.
Livestock. Reports. Census. Incorporation of Cities
and Towns. Miscellaneous.
I 11. County Clerk . . . . . . . . . . 25
Elections. Bonds and Commissions. Financial
Reports. Taxation and Revenue. Schools. Salaries
and Fees. Professional Registrations. Applications and
Licenses: Cane and Fish, Intoxicating Liquors. Vital
Statistics. Disbursements. Animals: Livestock,
III. Recorder of Deeds . . . . . . . . . 52
Real Property: Deeds, Mortgages, Leases. Personal
. Property. Marriage Records. Plats. Military.
IV. Circuit Court . . . . . . . . . . 55
Proceedings. Chancery Proceedings. Dockets.
Bonds. Depositions. Bills of Exception. Judgments.
Executions. Jurors. Miscellaneous.
v. Circuit Clerk . . . . . . . . . . ' 39
Fees. Judgments. Mechanics’ Liens. Assignments. .
Jurors. Miscellaneous.
VI. Juvenile Court 0 o n o 0 Q I a 0 a 42
Proceedings. Fees.
VII. Louisiana Court of Common Pleas . . . . . . . 45
Proceedings. Dockets.
VIII. Clerk of Louisiana Court of Common Pleas . . . . . 45
IX. Probate Court a o o o u I O O O O 46
Proceedings. Bonds. Executors. Aduinistrators.
Guardians and Curators. Letters of Refusal. Inventory 1
and Appraisement. Dockets. Claims and Allowances.
Settlements. Fees. Inheritance Tax. Executions.

 . 2 ' .
Table of Contents
- X. Public Administrator . . . . . . . . . 52
XI. Justice of the Peace . . . . . . . . . 55 .
- XII. Coroner . . . . . . . . . . . . 54 V
XIII. Sheriff .7 0 n l c o o o I t o o 0 55 . I
XIV. Prosecuting Attorney . . . . . . . . . 57
XV- ASSeSSOT c o o o 0 o n n I o O 58
XVI. Board of Equalization . . . . . . . . . 59
XVII. COlleCtor c o o I c o o o o I o 60
. Collections: Real Estate, Tax Sales, Personal,
Road, Commercial, Merchants, Fees, Receipts.
Delinquent Taxes: Real Estate, Personal Property.
. Accounts.
XVIII- Treasurer o c a o a o I I o o l 64:
Accounts. School Funds.
XIX. County Superintendent of Schools . . . . . . . 66
School Districts. Pupils. Teachers.’
1 XX. Deputy State Commissioner of Health . . . . . . 68
HI. Old Age Assismce Board 0 o I I Q -‘o n a 68
" XXII. Social Security Commission . . . . . . . . 69
XXIII. Surveyor . . . . . . . . . . . 7O
XXIV. Highway Commission . . . .1 . . . . . 71
XXV. County Highway Engineer . . . . . . . . 72
. ‘ XXVI. County Farm Bureau . . . . - . . . . 72
‘ . Index u. I I O t c I d I I o a 74 ..
TOVmShip 1.18.13 0 a n a u o t o o o a 5
1 Chart of Government of Pike County . . . . . . 11 fl

 ’ 3
(First entry, p. 17)

Pike County was created by the territorial legislature December 14, 1818,
more than two years before Missouri was admitted to statehood (M,T,L,, 1818,
ch. 231, pp. 585 f.). The original boundaries of the county were stated as
follows: ”All that part of St. Charles County lying north of the following
lines, viz: Eeginning at a point in the middle of the main channel of the
Mississippi River between townships 51 and 52, thence west on the township
line to the range line between ranges 2 and 3, west of the principal meridian,
thence south to the township line between 50 and 51, thence west with said
line to the eastern boundary of Howard County, thence north and west with the
county line between St. Charles and Howard to the western part of St. Charles,
is hereby laid off into a separate county, which shall be called Pike."

In 1855, the present boundaries were fired by statute (E.§., 1855, ch. 41,
p. 454) covering a total area of 653 square miles as follows: bounded on the
east by the Mississippi River, on the north by Ralls County, on the west by
Audrain and Balls Counties and on the south by Montgomery and Lincoln Counties.
The county has ten townships, Peno, Salt River, Calumet, Ashley, Hartford,
Prairieville, Spencer, Cuivre, Indian, and Buffalo.

The county got its name from Zebulon Montgomery Pike, soldier and ex-
plorer, who at the age of 26 was commissioned by President Jefferson to ex—
plore the Mississippi River from St. Louis to its source. Pike did not
reach his goal, but he did procure valuable information for the government.

In 1806, Pike was commissioned by Gen. James Wilkinson, Governor of Louisiana
Territory, to explore the country southwest of St. Louis and trace the course
of the Missouri River. Pike carried out this commission and when the war of
1812 began he was stationed on the frontier. Brigadier General Pike was
mortally wounded while leading an attack upon York (Toronto), Canada, the
following year. (I. walter Basye, History 2f Northeast Missouri, vol. 1,

pp. 507—22)

John Walter Basye cane to what now is Pike County from Louisville, Ky.,
in 1791 and probably was the first white man to explore the area. When news
of the transfer of Louisiana Territory reached St. Louis in 1804, Basye was
one of two men chosen to transfer the flags. The town of Louisiana, Pike
County, was named in honor of his daughter Louisiana Basye. (1. Walter Basye,
History gf_Northeast Missouri, vol. 1, pp. 507-22)

The first settlement within the present confines of Pike County was made
by James Burns in 1800. In 1807, a colony arrived from the Carolinas and
other settlements were made by Kentuckians. Many settlers of Pike County
not only were veterans of the war of 1812, but also had served in the American
Revolution. (1. Walter Basye, histg£y_gf_Northeast Missoupij vol. 1, pp.
507-22) ,

Newcomers after the war of 1812 included William Campbell, grandfather of
Robert A. Campbell, Lieutenant Governor of Iissouri, 1881—85, and James H.
Stark, who became a founder of a great American industry in Pike County and
afterwards a county judge. He arrived in 1816 but a year later returned to
his home in Kentucky. he brought back to Pike County in saddlebags many seeds
and rootlets that were the foundation of one of the greatest nurseries in the
world. (I. walter Basye, hisjp£y_2prortheast Missouri, vol. 1, pp. 507—22)
He was the grandfather of Lloyd G. Stark, present Governor of Missouri.

 ‘, 4: j
Historical Sketch (First entry, p. 17) ' g
2 February 1, 1819 was the date set by the territorial legislature for the i
. first session of the circuit court QM.T,L,, 1818, ch. 251, pp. 585 f.). The 2
governor named Samuel K. Caldwell, sheriff, and David Todd, judge of the cir— j
cuit court. Todd appointed Michael J. Noyes, clerk pro tem. The legislature 1
2 also appointed John Bryson, Andrew Edwards, John Jordan, Peyton Matson, and 1
James Johnson commissioners to select the site of the courthouse and jail.
Meanwhile, the governor had appointed William Stephenson, Edmond Mountjoy, 3
and William Bigrs, members of the first county court which met April 12, 1819. 4
Willis Mitchell, John Bryson, and Dabney Jones were named justices of the peace. 2
: The courts began meeting in Louisiana in 1820, at the new log courthouse which E
‘ cost $70. (I. walter Basye, History 32 Northeast Missouri, vol, 1, pp. 507-22) 3
' The legislature in 1822 appointed Willis Mitchell, William McPike, and G. j
C. Trabue to superintend the building of a courthouse and jail at Bowling Green,
which was the new county seat. Nathaniel Montgomery contracted to build the :
. courthouse for $75 and "take it from the stump." A new brick courthouse was
‘ built in 1826 and used until 1844. That year the third courthouse at Bowling 2
Green was built of brick but was destroyed by fire on March 18, 1864, with only '
minor loss to the county records. The county jail was used as a courthouse f
3 until a new brick structure was erected in 1868. This courthouse was destroyed
by fire in 1916 and again most of the important county records were undamaged.
Court then was held at the old opera house in Bowling Green, while county offi-
cials had their offices in various buildings. The fifth courthouse, now in use,
is a modern three—story building erected in 1919 at a cost of approximately 2
$120,000. (Bowling Green Centennial Souvenir ngklgt, 1925.) i
‘ j The first entry for land where Bowling Green is now situated was made in
1 c 1818. Louisiana, laid out in 1819, is the largest town in the county with a -
population of 3,459, according to the 1950 census.
2 The county was the home of three Missouri governors, John Miller, 1858—42,
Elliott W. Major, 1915—17, and Lloyd C. Stark, incumbent; two United States
Senators, John B. Henderson, 1862, and Bennett 0. Clark, at present a promi— ;
’ nent member of the upper house; Champ Clark, former speaker of the House of j
‘ Representatives, who held that office in four Congresses. Pike County regards é
Champ Clark as its most distinguished citizen. He was defeated in a close race 2
‘ with'Woodrow Wilson for the Democratic nomination for President in 1912. A I
" monument to Clark was unveiled in 1926 on the lawn of the Pike County courthouse 1
l by "Champy" Clark, a grandson of the statesman. !
’ Pike County is the home of one of the world's largest nurseries, seat of I
a large lime industry and extensive wholesale lumber interests, and is a leader 1
in the manufacture of pearl buttons. About three—fourths of the land is under 1
cultivation. 1
According to the Federal census of 1910, the population of Pike County was
3 22,556; in 1920, 20,345; and in 1950, 18,001. The assessed valuation of real
1 and personal property within the county in 1957, was $13,688,893.56.
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 51W? ‘ ‘ ’ ‘.
: r,
t u (First entry, p.17) 1
u 3 The area that became the State of Missouri in 1821, was known as the 3
1 District of Louisiana from 1804 until 1806; the Territory of Louisiana from E
i 1806 until 1810; and the Territory of Missouri from 1810 until 1820. Q
3 Under the laws of the District of Louisiana, the court of quarter j
E sessions, court of common pleas, and probate cOurt, and the offices of clerk {
E of the court of common pleas, recorder of deeds, justice of the peace, and it
i sheriff were created. ‘fl
3 An act of October 1, 1804, empowered the governor and judges of Indiana 3
i Territory to establish a court of quarter sessions composed of justices of i
3 the peace. The ccmrt had general administration of all business affairs of 'j
1 the District of Louisiana within its jurisdiction, together with more exten- I
E sive legal jurisdiction than was conferred upOn individual justices of the i
1 peace. The court of quarter sessions served as an intermediary court of i
E appeal until the circuit court was created. (L.2.L., 1804, pp. 58 ff.) 3
1 1
E Courts of common pleas were established October 1, 1804. The judge of
i the court could act as his own clerk and furnish $10,000 bond for the faith— ‘
E ful discharge of his duties as clerk, or he could appoint a clerk of his g
: court, provided the clerk be compensated by the judge for his services and 1
§ no other fee be taxed for his use. (L.D.L., 1804, pp. 58 ff.) An act of 3
§ 1807 gave the governor power to appoint-judges_3f courts of common pleas for W
3 a term of four years (L.T.L., 1807, p. 105). The governor was given the §H
; same appointive power undo? themlaws of the Territory of Missouri (M.T.L., A
i 1815, p. 272). On January 4, 1815, courts of common pleas were abdliEHEd .
% and their jurisdiction was divided between the circuit and county courts
3 (M.T.L., 1815, p. 545). Courts of common pleas were re—establishod in some ‘
3 cguntics'undgr state law. In Pike County, the court began to function in 1
-- f 1855 (N.L., 1852155, p. 84).
3 The probate court came into existence October 1, 1804. The governor
i and judges of Indiana Territory were authorized by Congress to appoint one .
: judge of the probate court in each of the existing five districts of the g
territory that became the State of Missouri. (L.D.L., 1804, ch. 12, p. 57) ,3!
g The act of 1804 was repealed and ro-enacted in'1807‘by the Louisiana Terri- j
1 torial Legislature (L.T.L., 1807, ch. 39, p. 125). The act of 1807 was 1
i repealed by the Missauri_Torritorial Legislature January 21, 1815, and g
1 jurisdiction of the probate court was vested in the circuit court (M.$.£., i
; 1gp, ch. 145, pp. 585 ff.).
3 All probate and administrative business pending in the circuit court was m
3 removed to the county courts after the latter Wore re-established in 1820 j
3 (M.L., 1820, ch. 277, p. 684). In 1825, an act re-established the probate 3
[ eburts, repealing the act of 1820 (R.S., 1835, p. 268). In 1827, an act d
3 abolished the probate court, repealing the act of 1825, and again original j
i probate jurisdiction was vested in the county courts (M.L., 1823, ch. 79, pp. F
l 125 ff.). The county court retained its probate jurisdiction in Pike County ;
i until 1849, when the probate court was established in that county (M.L., :
3 1848—49, pp. 425 ff.). In some counties the county courts held probate 3,
E juriSdiction until 1877 when a law was enacted establishing a uniform system i
i of probate courts for all counties in.thc state (M.L., lfizz, p. 229). From d
E 1915 until 1917, the probate courts had jurisdiction in juvenile cases but 3
§ this jurisdiction was revestod in the circuit court (E2L., 1211, p. 201). I
1 l
y a

 . 1*
“ 6
”. eff

Governmental Organization and Records System (First entry, p. 17) E
. The office of recorder of deeds was created October 1, 1804 (2.2.2., I:
1892, p. 46). The county clerk performed the duties of recorder from 1815 E
dntil 1825 (22.2, 1815, p. 546) at which time the circuit clerk became ex— . EEQE
' officio recorder (11._s_., 1825, p. 885). Since 1955, the circuit clerks are
exvofficio recorders in counties having a population of less than 20,000 E

E (2.1,, 1955, pp. 560 f.). ., E
‘ The office of justice of the peace was created in 1804 (L.2.2., 1804, ’5
*2 p. 20) and was provided for in the three state constitutions T_13‘_o__n_s_t_. 2822, E
E art. V, sec. 17; Const. 1865, art. VI, sec. 25; Genet. 1875, art. VI, sec.
E 57).
E The office of sheriff was established in 1804 (2...22, 1804, p. 20). The :5
E sheriff was ex~officio assessor from 1804 to 1806 and again from 1816 to 1820. EE
.‘ He was ex~officio collector and treasurer in his county from 1804 to 1820, ex— . E
E cept for two years, 1806 to 1808, when a separate officer appointed by the ‘.E
'r governor relieved him of financial duties. (22.2, 1806, p. 75; 12.2., 1820, 1

pp. 750 ff.) The sheriff again became ex—officio collector in all counties E

E in 1855 (2.2., 1855, p. 555). This law was not changed until 1872, when pro-

1 vision was made for the election of a separate collector in each county (12.2., E
E 1871-2, p. 102). gE3
E The offices of assessor, treasurer, coroner, and the orphans' court came EEE
E into existence under laws of the new Territory of Louisiana, in 1806. if?
E , A board of commissioners and assessors was created on July 8, 1806 (2.2.2., {3”
E 1806, p. 69) and a separate office of assessor was established November 11, 1808 E
E (2.2.2.,2202, p. 226). Under the state law of 1825, the county court appointed :1,

1 the assessor for a one-year term and the office became elective in 1855 (Const. E

E 1820, see. 5, amended January 18, 1856). The term of office of the assessor E

E was fixed at two years (2.2., 2822, p. 485) and was increased to four years by 231:

E an act of April 11, 1895 (2.2., 1895, p. 41).

E The law establishing the board of assessors July 8, 1806, also provided”

E for a treasurer (2.2..2, 1806, p. 78). An act of December 12, 1820, imposed E

E the duties of county treasurer upon the county clerk (1__..2, 2229, p. 745). He E

E served as ex~officio treasurer until 1825, and again from 1827 until 1855 (12.2., f;

E 1826-21, p. 55; 2.2., 1852—22, p. 120). Treasurers were appointed by the county

court until 1855 when the office became elective in 56 counties for a term of .

E two years (12.2., 1852-§_5_, p. 102). A general law enacted in 1855 made the treas- ‘2”,

E urer's office elective in all counties but due to various special laws the genera” ‘1

E one did not apply until 1870 (2.22., 1870, p. 55). In 1907 the troasurer's term

E was increased to four years (12.2., 1907, p. 449). An act of the legislature of :53
E 1955 provided for the combination of the offices of treasurer and collector in
E counties hrving a population less than 40,000 (12.2., 1955, pp. 558 ff.). This E1
E law was to be effective January 1, 1957, but the state legislature of 1957 re—

pealed the act of 1955 and again made the treasurer's office elective in the 74 iji
E counties affected by the law (2.2., 1957). f:
| s
E The coroner’s office, created in 1807, (2...22, 1807, p. 102) was to be i
E filled through appointment by the governor in each new county and became elec— 3“
E tive after expiration of the term of appointment. The constitution of 1820 E
E speaks of the offices of coroner and sheriff together. When vacancies occurred E
E . ””1

 “ ‘1
,3 7 ;
" l is.”
i: Governmental Organization and Records System (First entry, p. 17) V
l in either office, the governor had power to fill them. When a vacancy occurs if
i in the office of sheriff or he is disqualified, the coroner acts in his place ii
' until a successor is appointed or elected. (Const. 1820, art. IV, sec. 25) :fi
3 a)!
3 The judges of the court of common pleas were empowered to hold and keep 1%
' ' a court of record in each district, which was styled the orphans' court, and ;§
‘ the clerks of the courts of common pleas were ex-officio clerks of this court pl
; (L.T.£., 1807, p. 140). The court of common pleas took over the duties of the j?
' ogphans' court August 20, 1815 (M212£-» 1815, p. 275). The circuit courts in £8
1 1815, were given the jurisdiction formerly exercised by both the orphans' 1)
: court and the court of common pleas (M.Tr£., 1815, pp. 545 ff.). ' 1%
The Territory of Missouri came into existence in 1810. Under its laws 1;
5 the county court and circuit court were established, and the offices of sur— ‘3
l‘ veyor, county and circuit clerk, and collector were created. j
. . 91

I The office of surveyor was established July 10, 1814. He was appointed 1?
by the court of common pleas and commissioned by the governor. (E,T,£,, 1814, YE

p. 304) The surveyor became an appointee of the county court in 1825 (3.8., A

1 1825, p. 758) and the office became elective for a term of four years in 1855 g)
3 (38., 1855, p. 597). :1;
1 County courts originated under the 1aWS of the Territory of Missouri on it
1 January 4, 1815. The act creating the county court abolished the court of )5
[ common pleas and vested its jurisdiction in administrative matters in the i5
" county court, and in judicial matters in the circuit court. The county court if
I. was composed of justices of the peace, any three of whom constituted a quorum. :}
! (p.319, 1815, ch. 125, p. 545) l?
l ‘ - ’W
I County courts were abolished in 1816 and their jurisdiction vested in the S
i circuit courts (Geyer's Digest, Malté': 1818, p. 119). They were re—establish- y
i ed in 1820, and were given jurisdiction-in probate matters (M.£., 1820, ch. fl
. 277, p. 684). In 1825, an act was passed establishing separate probate courts f
I and repealing the act of 1820 (358., 1825, p. 268). In 182?, an act abolished h
l the probate court, repealing the act of 1825, and revested original probate 3%
l jurisdiction in the county courts (M.E., 1827, ch. 79, pp. 125 ff.). Accord— 'fl
1 ing to this act the court was to be composed of three county judges, any two ' is
t of whom constituted a quorum. The first judges were appointed by the governor. t
l The legislative acts of 1825 and 1827 were repealed in 1855 (32§': 1855, ,3
‘ p. 284) but there is nothing in the law to indicate that when the repeal took 3
effect the county court ever ceased functioning. The legislature, in 1857, fl

1 passed a law legalizing all acts of the county court during the intervening 1)
l years (M.£., 1856, p. 71). The county courts began losing their probate juris- ‘F
diction again in 1848 as probate courts were re-established in new counties. 18

The law establishing a uniform system of probate courts in 1877, deprived ii

I county courts of probate jurisdiction in all counties. The county courts ‘5
i have been mainly administrative bodies with minor judicial functions since 21
1 that time. (31.51., 1877, p. 226)
l' Along with the county court came the office of county clerk, established 5;
[ January 4, 1815 (M.T,L., 1815, p. 546). The constitution of 1820 provided for ii
i the appointment of'a bounty clerk and an amendment made the office elective ;§
.- - ‘i

 _ ‘1
§ 1. Governmental Organization and Records System (First entry, p. 17) 3%
,« in 1856 (Const. 1820, sec. 15, amended January 1, 1856). The county clerk gt
i acted as ‘fe‘e‘EFdeE’e‘f deeds untii’Taz‘e"(1-:7.T.L., 1815, p. 546; 2...,3 1825, p. ,
I 665) and while the county courts had probate jurisdiction themclerk EE?L fig
f formed the duties of probate clerk. The constitution of 1865 reduced the J?
; county clerk's term from six to four years (Const. 1865, art. Y1, sec. 22) flfi
U ' and the constitution left his tenure to the discretion of the legislature dd
§ (Const. 1875, see. 59) which fixed the term by statute at four years (R.S., fl?
19079736077675). " ” i“
‘ """‘ 11.;
: The circuit court was created by an act of the Territorial Legislature $1
1, January 4, 1815. It was vested with the jurisdiction of the court of common 1”
‘ pleas, which was abolished by the act that created the circuit court, and $1
i , succeeded to the duties formerly exercised by the court of quarter sessions, $1
_I orphans' court, and the judge of the probate court. (N.T.L., 1815, p. 545 gm
-‘ ff.) An amendment to the constitution of 1820 abolishEdfichancery courts dd
‘. and vested their jurisdiction in the circuit courts (Const. 1820, amended fi?
: 1822, see. 1). "—‘"
i The circuit court existed from 1815 until 1856 without legislative inter— §y
' ference but in that year a constitutional amendment was adopted by a two— 1%
; thirds vote of the legislature, vacating the oifices of circuit judges and 3H
* clerks (Const. 1820, amended January 1, 1856). The case of State vs. §3
‘ McBride, Zfifii. 505, validated this amendment. The court was—3Q;Q§;E§blished éfi
. 13f1857'with the appointment of judges by the governor and the formation 1%
E of neW'judicial districts (N.£f, 1857, pp. 58 ff.). Circuit courts were - E;
5 provided for under the threE'state canstitutions (Const. 1820, art. V, an
_ sec. 1; Genet. 1865, art. v1, sec. 1; Const. 1875,3R‘.fi‘,“§ec. 1). They .11;
were givenfjurisdibtion in juvenile cases_Whichmpower was transferred to ifi

; the probate courts from 1915 until 1917 and then revested in the circuit in
;, courts (Z‘".L., 1911, p. 177; L 1917, p. 201). 1;;
F The circuit clerkship was created as an appointive office when the {M
J circuit court came into existence, January 4, 1815 (F.T.L., 1815, pp. 545 if
I ff.). Under the constitution of 1820, the circuit e1e¥2“wes still appointed ifl
‘ by the circuit court but the office became elective in 1858 for a term of if
7 six voars (Const. 1820, see. 15, amended January 1, 1856). Since 1865 the ffi

‘ . term of office has been four years (Const. 1865, art. VI, sec. 22; Const. Ew
, 1875, art. V1, sec. 59; 3.8., 1929, see. 115547. The circuit clerk took f3
- We? the duties of recorder of den-Eds in 1825 (2.3., 1825, p. 685). Since
1955 he is ex-officio recorder in counties having a EEEUlation of less than {fl

1 20,000 (5.11., 1953, pp. 560 21“.). {:3
The Missouri Territorial Legislature created the office of collector in ‘ {1

1815 (T.T.L., 1815, p. 586) and required the county court to appoint a ffi

/ justice of thewpeace to act as collector in each tawnship for one year. A
i Under state law, in 1825, the collector was still appointed by the county {d
r for one year (R.S., 1825, sec. 4, pp. 662 ff.). The act of 1855 provided ifl
‘ that the office 3r sheriff become elective for a term of two years and that gf
E the sheriff be ex-officio collector (2.3.,1333, pp. 535 2.).
I The first state constitution became the source from which all state and $5
1 county officials derived their authority (Const. 1820, art. 111, sec. 54). gg
“ Some of the courts and offices functioning in the counties were set up under 2%
.p_ mandatory provisions and others under permissive clauses. An office estab— =§
pg: lished under a mandatory provision of the constitution has the protection of ~§
:5; that basic document and cannot be abolished by the legislature except by ,i

 ? :2
2 9 t 52?:-
nmfi Tu
'. 21‘"!
ff Governmental Organization and Records System (First entry, p. 17) 2%
‘ ; constitutional amendment. When this protection is absent, the office is 2%
} created by statute, is subject to the legislature's will, and can be abolished 8%
i or changed. This accounts for the many changes made in offices created by fig
I statute and the few made in offices set up under mandatory provisions of the {fit
, constitution. fl$
: The constitution of 1820 provided that all officials who hold office “1‘
2 under Territorial Laws, continue in office until successors were appointed 7 2%;
or elected (Genet. 1820, sec. 5). This first constitution vested the "J?
j judicial power of the'state in a supreme court, circuit courts, and Chancery 2&5
il . courts and contained only four provisions concerning counties. Inferior $¢
: judicial tribunals were to be established, justices of the peace were to be fin
_ appointed, a sheriff and a coroner were to be elected, and no county was to fit
]- be established thereafter with an area of less than four hundred square miles [WT
nor reduced to less than that area (Genet. 1820, art. 111, sec. 54, art. IV, E222
I secs. 25-25; art. V, sees. 12 and 17). gfip
1 5:31?
1‘ The Chancery court, provided for under the constitution of 1820, was wflg
1. ‘ created through an enabling act of December 8th of the same year (Const. ‘Wfi
: 1820, art. IV, sec. 1; EIL" 1820, p. 701). On the first Monday of November fit
‘ ‘ 1571822, Chancery courts wereqabblished by a constitutional amendment and %W
‘ their jurisdiction was transferred to the circuit courts. In the same amend— 343
: ment the legislature was given permissive authority to re-establish the 22%
: Chancery courts by statute. (Genet. 1820, sec. 1, amended 1822) There is Eh
[ no evidence that Chancery courts were ever re-established inffiissouri. 2%
- Mi
3, The office of public administrator was established by general statute 5%
. passed March 19, 1855 (G.S., 1855, p. 64). The public administrator was 5
{ ap