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3-44Jan 11PENAL INSTITUTIONS—OUTSTANDING DUPLICATE DRAFT. Statute provides no way to clear records on outstanding duplicate draft.
3-44Jan 12STATE TREASURER—AUTHORITY AS TO OUTSTANDING CHECKS. Where State Treasurer issued a check as provided by statutes and the same is lost, he may require bond before issuing duplicate check—Commissioners of the Department of Penal Institution shall have power to execute such bond.
3-44Apr 21BONDS. Penal Commissioners personally liable on bond to State Treasurer.
3-44Oct 6PENAL INSTITUTIONS.Agricultural products produced by convict labor can be shipped to another state for use by that state.
5-44Apr 19ELECTIONS. Candidate can seek nomination for more than one office on the same party ticket.
7-44Jan 6BONDS. 1) Payment of premium on surety bond not mandatory on county court. 2) County court not authorized to pay part of bond premium.
Unless the statutes prescribe a salary for the treasurer of a special road district, his services are deemed to be gratuitous.
9-44Mar 21HABEAS CORPUS AD PROSEQUENDUM. The appearance of persons imprisoned may be secured by writ of habeas corpus ad prosequendum in order to prosecute them on indictments for a felony in another jurisdiction in Missouri.
9-44Sept 14RECORDER OF DEEDS. Must collect and account for fees for recording deeds and other instruments recorded by county.
Conservation Commission is unauthorized to pay out public funds for a short-term insurance policy on conservation agents for two-day open deer season.
11-44Mar 22STATUTE OF LIMITATIONS. Under Section 1015, R. S. Mo., 1939, actions against circuit clerk and ex-officio recorder for liability incurred by acts in official capacity must be brought within three years from date cause accrues in the absence of a showing of fraud or concealment.
12-44Apr 20PRIMARY.
Last filing date for candidates for August 1944 primary is April 25, 1944.
12-44Apr 28SCHOOLS. Judges and Clerks of School elections not criminally liable for opening ballot boxes after school election, provided there is no violation of Sec. 4357, R.S. Mo., 1939.
Board of Probation and Parole has no authority to destroy permanent files and records of department.
13-44Mar 7CHILDREN.
Court is authorized under Section 9611B, Laws of 1941, page 319, to issue order allowing inspection of records and files in adoption cases.
13-44Nov 21CRIMINAL LAW.Officers of Board of Probation and Parole may not exercise powers of arrest provided by Sec. 9162, R. S. Mo., 1939, as far as judicial paroles are concerned.
Section 7 of the Appropriation Act of 1943, Laws of 1943, Page 22 and 23, and Section 15181, Revised Statutes of Missouri, 1939, construed.
16-44Aug 22TOWNSHIP ORGANIZATION.Annual settlement with the county clerk by township trustee required by Section 13967, R. S. Mo. 1939, but audit of the books and accounts of the township trustee by the county clerk is not required by law.
16-44Sept 20CONFEDERATE HOME.In the event of failure of Legislature to comply with terms of deed and statute in maintaining Home and its inmates, State’s title cannot be divested without consent of Legislature.
16-44Oct 13SCHOOL DISTRICTS. School Board has no power to spend district’s money for public road purposes.
18-44Jan 24Captain Osro CobbWITHDRAWN
18-44May 1ELECTIONS. Declaration of candidacy required by Sec. 11550 R. S. Mo., 1939, may be signed and filed by duly authorized agent.
19-44Mar 8TAXATION AND REVENUE.Tax deed conveying land of army inductee should not be made and delivered until after full compliance with Soldiers’ and Sailors’ Relief Act.
19-44Mar 25HOSPITALS.
City ordinance did not provide authority for use of hospital fund in the erection of an addition. If doubt arises out of the use of words employed, it is to be resolved in favor of the public and in favor of limiting the expenditures of the appropriation to the express terms for which it was made.
19-44Sept 21Mr. Robert L. Cowan WITHDRAWN
20-44Jan 20TAXATION.County Court cannot increase a year’s tax levy to produce an amount in excess of 10% of the previous year’s levy; how illegally paid tax can be recovered.
20-44Feb 16SCHOOLS.
Directors of Consolidated Schools may not invest surplus building funds in United States Bonds.
20-44Mar 22SPECIAL ROAD DISTRICTS. Current revenue may be applied only to current debts, and back and outstanding warrants may be paid only from surplus and delinquent taxes.
20-44June 12PUBLIC OFFICERS.Section 10342 A, Laws of Mo., 1943, p. 890, is not retroactive in requiring terms of new teacher’s contract to be same as terms of teacher’s contract for year preceding effective date of act.
22-44Aug 15ELECTIONS.
If a person in the armed services of the United States applies only for a primary election ballot, he would not automatically be entitled to have a general election ballot forwarded to him without a new application therefor.
24-44Jan 25ELECTIONS. Amending absentee voting laws.
24-44Jan 26PURCHASING AGENT. An employee of a department may be designated to certify as to sufficiency of appropriations and allotments on purchases through purchasing agent.
24-44Jan 31APPROPRIATIONS.Deficiency bill pay tuition of Negro students at out-state schools, is valid, even tho obligation was illegally incurred.
24-44Feb 1COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS. In determining qualifications of county superintendent for public schools as to whether this officer has taught or supervised schools as his chief work at least two of the eight years next preceding election or appointment, the sum derived by adding one school year to a number of days accumulated during the course of eight years is authorized by this statute. Aggregate of teaching or supervision must be the total of two years and must be taken from the eight years preceding election or appointment.
24-44Feb 3APPROPRIATIONS. House Bills 408 and 657: Consistent concurrent appropriations are not prohibited; Department of Resources and Development has charge of State Museum or Missouri Resources Museum.
24-44Feb 11COUNTY SUPERINTENDENT OF SCHOOLS.Qualification requirements prescribed in Section 10609 of House Bill No. 94, page 891. Laws of Missouri, 1943, for County Superintendent of public schools have been met by Mrs. Nannie Coward.
24-44Mar 30APPROPRIATIONS.Funds appropriated by House Bill 4, 62nd General Assembly, Extra Session, only available to State Board of Education, but that Board may allot funds to Commission for Blind for rehabilitation purposes.
24-44Apr 7STATUTES IN EXPERIENCE.Statutes should be construed broadly enough to carry out intention of Legislature. Sec. 8195, R. S. 1939, does not confine those eligible for appointment to those experiences “within” the building & loan business.
House Bill No. 15 constitutional; the amendment comes within the terms of the Governor’s Special Message.
24-44May 3OFFICERS. Compensation of State Service Officer may not be increased during present term to $3600.00 as provided by House Bill No. 28, 62nd General Assembly.
24-44May 10STATE BUILDING COMMISSION. Circumstances under which contracts may be let on a fee basis.
24-44May 18Hon. Forrest C. DonnellWITHDRAWN
24-44May 19DEFICIENCY APPROPRIATIONS. Invalid when passed by satisfy claims arising out of a contract or agreement made in violation of the State Budget Act.
24-44June 15GEOLOGIST.May employ assistants on monthly salary basis, if salary is not in excess of daily maximum.
24-44June 21APPROPRIATIONS. Section 6, H. B. 657, Laws of 1943, page 278, in providing funds for relief of sheriffs who incurred expense without Governor’s warrant is invalid.
24-44Sept 8CRIMINAL LAW.Manner of executing death sentence on convict restored to sanity after sentence to death by hanging.
24-44Dec 8GOVERNOR.Inspection of bonds enumerated in Section 13086 R.S. Mo. 1939 – Power of State Officers to delegate duty of inspection.
25-44June 27ASSESSORS. May appoint deputy to be paid out of the fees allowed to such assessor.
26-44Jan 27COURT JUDGES. 1) Associate Judge must be a resident of district in order to qualify; voluntary departure from district works a forfeiture of office. 2) Sections 2475 and 1988, R.S.Mo. 1939 construed.
26-44Aug 15SCHOOLS. Board of Regents of State Teachers College may lease facilities of college for joint use with Army Hospital.
26-44Oct 6ELECTIONS.In St. Louis City no registration number is required to be placed on ballots; all numbers on ballot must be covered by sticker.
27-44May 4RECORDER. Grantees should be named in index in the manner their names appear in deed.
27-44July 17INSURANCE.Approval of Amendment to Articles of Incorporation of Physicians Life and Casualty Company, of Springfield, Missouri.
27-44Aug 23INSURANCE.Approval of Minutes of special meetings of directors and stockholder of the Commonwealth Life and Accident Insurance Company of St. Louis, Missouri.
27-44Dec 19INSURANCE.Approval of Amendment of Articles of Incorporation of Commonwealth Life and Accident Insurance Company of St. Louis, a corporation of Missouri.
27-44Dec 27INSURANCE. Approval of Declaration of Intention to Form Corporation – St. Louis Casualty and Surety Company.
28-44Jan 10COUNTY CLERK.Not the duty of county clerk to make up Delinquent Personal Tax Books; County Clerk not required to make two complete sets of current personal and current real estate Tax Books.
28-44Aug 22ELECTION CONTESTS. Will not lie in elections to determine municipal form of government.
28-44Nov 30TAXATION.Surplus from tax sale should be paid to person entitled thereto. In case of redemption, interest should be charged on the purchase price, costs and subsequent taxes paid by purchaser.
28-44Dec 13PURCHASING AGENT.Section 56 of House Bill 408, Laws of Missouri, 1943, page 164, does not apply to the purchase of automobiles for state elective officials.
29-44Jan 31SCHOOLS AND SCHOOL DISTRICTS. School property does not revert by reason of the temporary non-use of the school premises.
29-44Feb 14 SCHOOL FUND LOANS. (1) County court must require personal security for all school loans whether made prior to or after passage of 1943 laws. (2) Borrowers must comply with provisions of Sec. 10386, Laws of Mo., 1943, p. 883, whether the loan was made prior to or after the passage of this section.
31-44Jan 26ELECTIONS. Absentee votes to be counted by four disinterested persons appointed by the county clerk and either two justices of the peace or two members of the county court.
31-44Feb 19PROBATE JUDGE. May obtain a reasonable allotment to care for necessary stenographic services provided he has complied with the provisions of the County Budget Law and the county has budgeted such allotment.
Appointment; liabilities.
Section 2, Paragraph D., Laws of Missouri, 1943, Page 311 construed.
32-44June 12PROSECUTING ATTORNEYS. Payment of statutory fees by warrant or voucher should be made to prosecuting attorney and, in his absence, endorsed by assistant.
32-44Sept 1INSURANCE.Persons who are insurance brokers.
33-44Mar 3MOTOR VEHICLES.Decision of Commissioner as to type of motor vehicle, classification, computation of fees, final and conclusive on all licenses issued pursuant to Section 8369, Laws of Missouri, 1943, Page 663 to 666 inclusive.
Forfeited commissions and penalty adjudged against Collector for failure to timely account for tax collections goes into county public school fund.
34-44Jan 20SCHOOLS. House Bill 227, Laws of Missouri, 1941, authorizes a common school district adjacent to a consolidated district to become consolidated with such consolidated district in a certain manner.
34-44Apr 5CRIMINAL LAW. Admissibility of evidence of prior offenses and of charges under different statutes. Election of county in information.
34-44Sept 23GENERAL ELECTION. Where political party fails to nominate a person for County Surveyor, County Clerk shall provide proper space on the ballot for voters to write in name of person they desire to be elected for such office.
35-44Mar 24SCHOOLS.Filling of vacancy in office of School Director of Consolidated School District at annual meeting, a void act, where notice under Section 10418, R. S. Mo., was not given beforehand.
35-44July 7CITIES. Words “previous year” in Sec. 6976, R. S. Mo., 1939, refer to previous year in which city actually levied a tax.
35-44Sept 11MUNICIPAL CORPORATIONS. Cities of the 4th class may acquire easement in street for storm sewer, and may maintain same after street is vacated for travel.
35-44Oct 10CITY AND AIRPORTS.West Plains may lease an airport under Section 15122, Revised Statutes 1939.
37-44Jan 19COUNTY COURTS REGISTRARS.County Court should not pay for supplies for the Registrar of Vital Statistics.
37-44Feb 8HABITUAL CRIMINAL ACT. For prosecution under Habitual Criminal Act it is only required that previous crime be punishable by imprisonment in the penitentiary.
37-44Oct 21TAXATION. Deed under Jones-Munger law conveys fee simple title, subject only to certain taxes.
37-44Nov 24PROSECUTING ATTORNEYS. Under Sections 4876 and 4878 R. S. Mo. 1939, must investigate as well as prosecute violators of liquor control act. A sound discretion must be used to determine extent of investigation.
38-44May 10CONVEYANCE. Maker of a note secured by a deed of trust cannot release record after payment of such note.
38-44May 20MISSOURI STATE SCHOOL. Accepting patients.
41-44Jan 20SCHOOL DISTRICTS.May sell school buildings if no longer required and new building is provided.
41-44Jan 24TAXATION.
Form of Trustee’s Deed.
County court cannot rebudget or amend budget after final approval and certification.
Commission does not have power to request a certificate from applicant as to sales made between date of expiration of former license and renewal application.
41-44June 30OFFICERS.
Whether enlistment in United States Maritime services creates a vacancy, is a matter for judicial interpretation.
The date of a conviction fixes the jurisdiction of the Commission in revocation of license. Using the mails to defraud in connection with S.E.C. regulations comes within the provisions of Section 14 of the Missouri Real Estate Act relative to revocation of licenses.
42-44June 15DEPUTY RECORDER.Compensation of Deputy Recorder must be paid from fees earned by the office of Recorder of Deeds.
43-44June 5VITAL STATISTICS.Local Registrars in cities 10,000 to 30,000 must supply city Board of Registrars monthly list of deaths of persons over 21 years of age, during preceding month.
43-44July 28SHERIFFS.Not authorized to make a charge for attendance on the juvenile court and another charge for attendance on the circuit court on the same day, in the same circuit.
44-44May 29MISSOURI SCHOOL FOR DEAF.Board of Managers must first obtain authority through an appropriate act of General Assembly before a building may be razed.
46-44Jan 11CONFEDERATE HOME.Five questions relative to the transfer of the management of the Confederate Home from the Board of Trustees of such home to the Board of Managers of the State Eleemosynary Institutions.
46-44Jan 20MARRIAGE.Eleemosynary Institution laboratories are not approved by the State Board of Health to permit them to make blood tests under section 3364A.
46-44Feb 8TREASURER.
Treasurer may be reimbursed for necessary clerical hire.
46-44Feb 9ELEEMOSYNARY INSTITUTIONS.Leases on a crop-rent basis may be made for a period in excess of two years.
46-44Apr 19ASSESSORS.Not entitled to compensation for assessing non-taxable property.
46-44June 13COUNTY COURT. School fund mortgages. Rate of interest. Reduction of interest before termination of contract.
Township collector may appoint deputy to perform ministerial duties, “Abandonment” of office is question of fact, failure to personally perform duties must be decided by ouster suit.
48-44Aug 31TOWNSHIPS. Debts in excess of anticipated revenue are invalid.
48-44Sept 20Hon. H. A. KelsoWITHDRAWN
48-44Nov 22GAMING.Bingo is prohibited even if proceeds go to charity lottery.
County Court cannot divert to the County Revenue Fund money collected to pay off bonded indebtedness.
49-44May 15Marriage licenses.Duty of recorder of deeds to record returns of marriage licenses.
51-44Feb 11NURSES’ EXAMINATION. Statute does not require citizenship.
56-44July 26CORPORATIONS.Attorney for stockholder who is not an officer of the corporation cannot file affidavit for registration.
57-44Jan 20LIQUOR LICENSE.County Court is not authorized to return license fee paid into county treasury after vacation of premises or abandonment of business by licensee.
57-44Feb 5PROBATE JUDGE. Cannot secure additional compensation for performing duties of office where there is no special statute authorizing it.
57-44Feb 11RECORDER OF DEEDS.Conservator duly appointed by Federal Home Loan Bank Board upon liquidation of Federal Savings and Loan Association would have authority to release deeds of trust and the Supervisor of Building and Loan Associations of Missouri has no control over the situation.
57-44Mar 6COUNTY COURT. Under Sec. 11118, R. S. Mo. 1939, until taxes on real estate have been paid and collected, whether delinquent or otherwise, county court has authority to correct errors in valuations, assessment and levy, and may order such levy changed to conform to the requirements of the law.
57-44Apr 3Miss Helen MastersonWITHDRAWN
57-44Apr 10COUNTY COURTS.No statutory authority to sell, discount or assign notes or bonds.
57-44July 14CHILDREN. “Neglected Child” question of fact. Would not include child suffering from cruelty of parents in counties of less than 50,000.
57-44Aug 9SCHOOLS. Where default occurs on loan of surplus school funds made under sections 10434 and 10435, R. S. Mo., 1939, County Court makes order of foreclosure as is provided by Sec. 10387 R. S. Mo. 1939.
57-44Sept 21RECORDER OF DEEDS.A fee may not be charged by a Recorder of Deeds for recording a discharge of a soldier in military service.
57-44Nov 18ABSENTEE BALLOT. Absentee ballot of person who expects to be absent from his county, but within the State on election day, should be counted although voter happens to be out of State all or a portion of election day.
58-44May 24ELECTIONS. Absence from State on military service is not itself a change of residence as would bar candidacy for public office.
59-44Feb 3PROBATE JUDGE. May resign office.
60-44May 10ELECTION.Section 11550, as enacted by the 62nd General Assembly, Extra Session, 1944, and Section 11551, Revised Statutes of Missouri 1939, construed.
Field Representatives of State Service Officer not public officers. Nor do statutes preclude holding office of field representative and County Treasurer at same time. Offices are not incompatible.
62-44Aug 24MOTOR VEHICLES. Farmers operating motor vehicles within this state carrying their own farm products must display their name and address and weight of the vehicle. Also display the word “‘Local’” on said motor vehicle.
62-44Sept 15ASSESSMENTS. State Tax Commission cannot review assessments made by city assessing authorities.
62-44Nov 29TAXATION.Three Story Masonic Lodge building having two stories rented commercially is not exempt from taxation.
64-44Sept 21ROADS AND BRIDGES.Sec. 8668, R. S. Mo. 1939, is not applicable to counties having a population of 20,000 and not more than 50,000 inhabitants.
66-44Jan 15COUNTY COURT.The county court has jurisdiction to correct taxes extended against exempt property, but no authority to change taxes extended before the property became exempt.
66-44Jan 20COUNTY COURT. County Clerk cannot designate a judge to be presiding judge under Section 2493, R. S. 1939, when the duly elected presiding judge is present.
66-44Mar 28COUNTY JUDGE – COMPENSATION. Single county judge who appears, to act as member of court at times provided by law, is entitled to compensation.
66-44July 14FEES – PROBATED JUDGES.Probate Judges are entitled to fees for certifying to assessors lists of administrators and may retain same if it is in excess of salary.
66-44July 28RECORDERS - DUTIES AS TO CHATTEL MORTGAGES. It is not necessary that a certificate of title be presented at the time a chattel mortgage on an automobile is recorded.
67-44Jan 20RECORDER OF DEEDS. As a compensation for making and preserving direct and inverted indexes only a fee of ten cents shall be collected for each instrument affecting real estate recorded.
67-44July 10FEES – CONSTABLES. Constables shall collect fees as provided under Section 13399, Laws of Missouri, 1943, for serving process in criminal cases.
68-44Jan 24MISSOURI LIBRARY COMMISSION TRUST. The Missouri Library Commission may receive gifts of money, books or other property, which may be used or held in trust for the purposes given by the person creating said trust.
69-44Jan 31Miss Hazel PalmerWITHDRAWN
70-44Oct 11COUNTIES. Abolition of township organization creates vacancy in office of county collector, which is filled by the Governor.
71-44Jan 5PROBATE JUDGE. Probate Judges of counties now having, or which shall hereafter have less than 19,000 population, shall charge the fee, authorized by statute, for each official act performed by him as such officer. He shall at the end of each month, make and file a report with the County Clerk. 1. Of all fees earned and collected. 2. All fees earned by not collected. The fees collected for (a) Solemnization of marriages and (b) Hearing and determining inheritance tax matters may be retained by the Probate Judge and no accounting is required.
71-44Feb 25PROBATE JUDGES’ FEES. Do not have to account for acknowledgments and affidavits where probate seal is used, if fees therefor not chargeable against estate pending in his court.
72-44Jan 28CONSTITUTION. Section 14, Article X, Constitution of Missouri, should not be withdrawn.
72-44Feb 4SHERIFFS.
Deputy sheriff may foreclose mortgages in the absence of the regular sheriff.
72-44Feb 18Hon. C. H. Plye WITHDRAWN
Wife of justice of the peace may not perform his duties of office during his absence as a member of the Armed Forces.
73-44June 13CITIES.Cities of the third class not subject to taxation on airport owned in another county. May reasonably extend limits to include adjacent territory. Reasonableness largely question of fact.
73-44Sept 8SCHOOLS. School District sending pupils to another district may not claim credit on tuition for taxes paid by residents of its districts to receiving district.
74-44Jan 3Mrs. Ada Reynolds WITHDRAWN
75-44Oct 27Mr. George A. Riley WITHDRAWN
76-44Jan 11COUNTY SURVEYORS.Who are ex officio highway engineers must pay registration fee as provided by C. S. S. B. 61, Laws of Mo. 1941.
Circuit Judge, or Judges, may increase the compensation of deputy circuit clerk.
76-44Nov 16TAXATION.Associations organized under Article 23, Chapter 102, R. S. Mo. 1939, are not exempt from merchant’s tax.
A pardon does not permit the Missouri Real Estate Commission to issue a broker’s or salesman’s license to one who has been convicted of offenses designated in Section 14 of the Missouri Real Estate Act.
78-44Apr 19Hon. Roy ScantlinWITHDRAWN
78-44June 17SCHOOLS. State Superintendent may revoke state teacher’s certificate for any grounds mentioned in Sec. 10631, R. S. Mo. 1939, and he is not confined to grounds specified in Sec. 10599, R. S. Mo., 1939.
78-44Aug 24CITIES OF THE THIRD CLASS. 800 foot street improvement shall be done under Section 6989, R. S. Mo. 1939; owners of church property have right to file remonstrances.
79-44Jan 19Hon. Theo. R. SchneiderWITHDRAWN
79-44Feb 7INSURANCE.Approval of papers as to form and sufficiency submitted in connection with change of Articles of Incorporation of American Automobile Insurance Company.
79-44Feb 7INSURANCE. Approval of papers as to form and sufficiency submitted in connection with change of Articles of Incorporation of Equity Fire Insurance Company.
79-44Mar 17INSURANCE. Approval of papers as to form and sufficiency submitted in connection with change of Articles of the Central Mutual Casualty Company of Kansas City, Missouri, organized under Article 7, Chapter 37, R. S. Mo. 1939.
Insurance Companies may take credit in their 1943 tax return under Sections 6094, 6095, R. S. Mo. 1939, for impoundings ordered returned to policyholders.
79-44May 3INSURANCE.Approval of proceedings at meeting of stockholders and directors of St. Louis Fire and Marine Insurance Company, increasing capital stock and number of directors and reducing par value of common stock.
79-44May 5INSURANCE.Approval of proceedings at the meeting of stockholders of Central Surety and Insurance Corporation, amending Article 3 and repealing Article 6 of the Articles of Incorporation.
79-44May 5INSURANCE.Approval of proceedings at meeting of stockholders of Central Surety Fire Corporation, amending Article 3 and repealing Article 6 of the Articles of Incorporation.
79-44May 9INSURANCE. Approval of Amendment to Articles of Incorporation of Utilities Insurance Company, St. Louis, Mo.
79-44June 3LIQUOR. County must pro rate license tax for period less than full license year as State is required to do under Sec. 4897, R. S. Mo., 1939.
79-44Aug 22INSURANCE. Approval of Amendment to Articles of Association of Old American Insurance Company, a corporation, of Jackson County, Missouri.
79-44Nov 21SCHOOLS.
Pupil cannot be excluded because he refuses to submit to medical treatment but can be excluded temporarily to prevent spread of contagious diseases.
79-44Nov 21INSURANCE.Approval of Amendment to Articles of Association of Reserve Mutual Fire Insurance Company, a corporation, of Missouri.
79-44Nov 21INSURANCE.Approval of Amendment to Articles of Association of Reserve Mutual Casualty Company, a corporation of Missouri.
80-44Sept 7LINCOLN UNIVERSITY. Curators of Lincoln University may not lawfully pay the tuition for negro students at St. Louis University in Missouri under the terms of Section 10779, R. S. Mo. 1939.
81-44Jan 6TAXATION.Distribution of surplus from general tax sale after payment of taxes, penalties, interest and costs.
A Recorder may refuse to record a proported Bill of Sale unless it is acknowledged in compliance with Section 3416, R. S. Mo. and if attempted to be recorded by proof, then Sections 3418, 3419 and 3420, R. S. Mo. 1939, must be complied with.
The Sheriff of Lawrence County not entitled to receive any of the official salary budgeted by the County Court for compensation of a jailer appointed by Sheriff and later discharged by him. Sheriff’s compensation not increased or diminished during the term of office for which he was elected.
82-44Jan 19SCHOOL DIRECTOR. Induction of School Director into Armed Forces does not affect his tenure of office.
82-44Mar 7SCHOOLS. Sending district where pupil resides must pay non-resident tuition under section 10458, R. S. Missouri, 1939. “Residence” is determined by facts in each particular case.
82-44Mar 10COUNTY COURTS. County Courts may purchase real estate improved or unimproved as an addition and enlargement of court house facilities; payment subject to the county budget law and section 13118. R. S. Missouri, 1939.
82-44Apr 15SCHOOLS.Under Section 10410 R. S. Mo., 1939, Board of Arbitration passing on change of boundaries between two districts NOT authorized to allow change of one district is left with less than twenty persons of school age, or if territory to be added to other district does not contain persons of school age.
83-44Jan 11PURCHASING AGENT. Cannot prescribe manner or payment of rental accounts; nor is certification required under Sec. 14592, Laws 1943, p. 1005, on rental accounts.
83-44Feb 8RECORDER OF DEEDS. 1) When a paper writing proporting to be a last will & testament may be refused for recording. 2) Four questions dealing with the releasing and cancelling of notes and releasing of deed of trust securing same of record in the recorder’s office. 3) a) Three day waiting period for issuing marriage license may be dispensed with on order of circuit or probate court or judge thereof in vacation giving authority to recorder. 3) b) Applicant who is pregnant may dispense with certificate of serological test for syphilis by presenting certificate of licensed physician so stating, to the recorder.
83-44Feb 25PROBATE JUDGES’ FEES. Maximum retention of fees permissible for 1941 and 1942.
83-44Apr 21ROADS AND BRIDGES. The word “shall”, as used in Section 8514, R. S. Missouri, 1939, is to be construed in a directive or permissive sense; that the words “biennially thereafter”, as contained in said section, are to be construed as at least two years must elapse before a County Court shall have authority to change the boundaries of a road district formerly created under said section.
May not invest escheated funds in government bonds until escheat becomes absolute and money is paid into public school fund and then it is duty of board of education to direct such investment.
83-44Oct 10POOL, BILLIARD AND OTHER TABLES.Construction of certain sections contain in Chapter 135, with reference to issuing license.
83-44Oct 27SCHOOLS.Money received by consolidated district from consolidation of school house must be paid into “Building Fund.”
83-44Nov 30TAXATION. County collector in counties of 200,000 to 700,000 population not entitled to fees allowed by Section 11117, but county clerk is entitled to fees allowed him by said section.
84-44May 15ELECTIONS. Inductees not yet sworn in cannot vote an official war ballot.
County court may change the boundaries of road districts and may organize only one such district for the whole county.
Sec. 71, Laws of Mo., 1943, p. 256, gives authority to State Board of Health to establish and operate under a merit system of personnel administration.
86-44May 22ELECTION LAWS.Section 11539, Laws Mo. 1941, p. 355 and Section 11539, Laws Mo. 1941, p. 365, when considered together are not in conflict.
86-44May 22TRADE MARKS.
Section 15472, R. S. 1939, pertains only to the registration of name of owner. Statute does not provide for registration of “bottle cases.” Application may be made for only one owner at a time.
86-44July 13CONSTITUTIONAL AMENDMENT. Title for proposition to permit Legislature to control school fund.
86-44Aug 10BONDS. Disapproved for failure to comply with language of the statute.
Title for proposition to create unicameral legislature.
86-44Aug 25ELECTIONS.Mandatory for Secretary of State to prescribe weight and size of ballot for absentee soldier voting.
86-44Nov 17PROSECUTING ATTORNEY.Commission to Prosecuting Attorneys elected to new terms, beginning January 1, 1945, may issue now.
87-44Jan 11SOLDIERS.
Soldiers, sailors and marines in service or honorably discharged from service, or dependents of any soldier, sailor or marine shall not be charged for certified copies of public records in the care and custody and control of the State Board of Health, where such copy is to be used to establish a claim with the United States government.
89-44Mar 11INHERITANCE TAX. Procedure.
89-44Mar 27TAXATION AND REVENUE.Township road and bridge fund may not be expended in improving streets in cities of the fourth class except for improving portions of such city streets which form connecting links in a system of public roads of the county.
89-44May 16SPECIAL ROAD DISTRICTS.May be formed within limits of incorporated township and include area of city of fourth class.
89-44Aug 14SPECIAL ROAD AND BRIDGE FUND. Authority of township directors, under township organization, to use special road and bridge fund in improving or repairing any street in a city within said township.
89-44Nov 27ROADS.
Damages occasioned by relocation may not be paid by county unless road established and damages ascertained as provided by law.
90-44May 29LABOR.Sec. 10175 authorizing 5 days’ pay to be withheld by employer from employees’ wages, does not control the disposition of the sums withheld.
90-44July 13LABOR.
The word “day” as used in Section 7815, Laws of 1913, includes the 24-hour period from the time employee starts to work.
Private hospitals employing children under 16 years of age are commercial enterprises, and within the child labor laws respecting certificates of age, type of work, maximum hours, and minimum age, etc.
93-44Feb 7ELEEMOSYNARY INSTITUTIONS.How patient may be admitted to the school at Marshall—method of determining whether such person shall be sent as a County patient.
Nomination of candidate where vacancy occurs in the office by death of the incumbent after primary election.
On failure of successful candidate for office of Justice of the Peace to secure his commission and take oath of office in qualifying himself to hold office, the then present incumbent of such office continues to hold the office until his successor is elected and qualified.
96-44Apr 19INCOME TAX.Salary of men in service subject to state income tax.
97-44Jan 6COUNTY COURT.The County Court has the authority to sell or trade the county jail.
97-44Jan 24SCHOOLS.(1) Directors of school district cannot donate to the American Red Cross from funds of the “incidental fund”; (2) Directors of such school district cannot invest surplus funds in the “incidental fund” in United States bonds.
97-44Jan 25ACCOUNTANCY, STATE BOARD OF.Required to maintain an office in Jefferson City, Missouri, as provided by Section 14906 of the Laws of Missouri for 1943.
97-44Feb 4COUNTY COURT BUDGET.Class 5 of Section 10914, Laws of Missouri, 1941, page 652, construed.
97-44June 12COUNTY CLERKS.
Unnecessary for County Clerk to advertise for bids for printing of ballots for election.
99-44Jan 4COUNTY COURTS.May charge County Agent office rent for rooms used by him in County Courthouse.
99-44Jan 13ROADS AND BRIDGES.Road district levy under Section 8619 and Sec. 23, Art. 10, Mo. Const. cannot be made by county court until authorized by majority vote of road district.
99-44May 12ELECTION.Section 11550, as enacted by 62nd General Assembly, Extra Session, 1944, and Section 11551, Revised Statutes of Missouri 1939, construed.