Missouri AG Opinions — 1965

Ballot title for Conference Committee Substitute for House Joint Resolution No. 48

Articles of Incorporation of Founders Security Life Insurance Company.

Articles of Incorporation of Central Investors Life Insurance Company.

Opinion letter to Mr. Thomas L. David

Amendment of Articles of Incorporation of Old American Insurance Company.

Articles of Incorporation of National Pilot Life Insurance Company.

With respect to the commitment and hospitalization of the mentally ill, Sections 202.780 to 202.870, RSMo: (1) The probate court may order that commitment for hospitalization pursuant to Section 202.807 be to the Division of Mental Diseases; (2) The Division has authority under Section 202.823 to transfer an involuntary patient from one State hospital to another State hospital without the concurrence of the court ordering the hospitalization.

Opinion letter to the Honorable Philip G.

Opinion letter to the Honorable Richard J. Rabbitt

The 1961 amendment to Section 194.115, V.A.M.S., does not authorize a coroner of a Class county to order an autopsy performed without the consent of the next of kin or without having been so directed by a coroner’s jury.

Recorder must accept for recordation all instruments that are defined by Sec. 59.330, V.A.M.S. and in proper form duly acknowledged. Instrument whose acknowledgments are reproduced are not acceptable for filing.; Photocopies or reproduction of acknowledgments are not acceptable on instruments offered for recordation.; Photocopies of acknowledgments are not acceptable for recordation even though a notary seal is affixed.

Opinion letter to the Honorable Ralph E. Smith

Opinion letter to the Honorable Frank Conley

Opinion letter to the Honorable James R. Hall

When an otherwise properly recordable instrument is presented and there are maps, plats, surveys, or other documents attached it is the duty of the recorder to record the instrument regardless of whether the maps, plats, surveys, or other documents are affixed with the seal and signature of a land surveyor.

With respect to mentally ill persons, Sections 202.780 to 202.870, RSMo 1959:; (1) Section 202.863 requires patients be classified as private or county patients and that county court hold hearing within ten days after notice by superintendent to determine indigency , subject to review by circuit court; (2) Sections 202.220 and 202.240 apply and permit redetermination by probate court of patient’s pay status; (3) Section 31.050, RSMo Cum. Supp. 1963, requires superintendent to return patient to responsible party upon failure to pay support; (4) Hospital has no right of recovery against county for period pending determination of indigency ; (5) Responsibility of other persons for care of patient pending determination of indigency depends on facts of individual case.

Opinion letter to the Honorable Allen S. Parish

In a county of the second class with less than one hundred thousand inhabitants a sheriff who receives a commission for a partition sale under Section 528.610, RSMo 1959, must collect and pay such commission to the county treasurer as directed by Section 57.380, RSMo 1959, minus that amount he may retain under Section 57.340, RSMo 1959.

Ballot title for House Joint Resolution No. 11.

Articles of Incorporation of Central Investors Life Insurance Company

Articles of Incorporation of Founders Security Life Insurance Company.

(1) Public Administrator-elect must give bond before he is qualified to hold office. (2) Failure to give bond within time prescribed does not automatically vacate the office but may be ground to declare office vacant by legal procedure. (3) Until Public Administrator-elect or another becomes qualified to hold the office, the incumbent Public Administrator continues to have the right to the office.

In a school annexation election resulting in a tie vote a second election is not permitted for two years under Section 165.300 RSMo. Supp. 1963.; Because Section 165.300 is repealed, effective July 1, 1965, and replaced by 162.441 RSMo. Supp. 1963 Appendix, another election is permitted after July l, 1965, because a majority of votes cast at the former election was not against annexation.

Opinion letter to the Honorable Patricia L. Webber

Credit for overpayment of taxes paid under Chapter 148 by banks and credit institutions may be allowed only upon examination of returns for the current year. Refund of such overpayment may be claimed within two years of payment.

Ballot title for House Joint Resolution No. 3.

Ballot title for House Joint Resolution No. 1.

Interest earned from deposit or investment of sinking funds established in connection with the State Park Revenue Bonds should be credited to said sinking funds and not to General Revenue.

If state taxes have become a lien on Missouri real property during the time of private ownership, this lien continues to be an encumbrance on the property after acquisition by the Small Business Administration, but the lien is not enforceable as long as the Federal Government holds title. Also, the property is not subject to new levy and assessment for taxes while title is in the Federal Government.

In any bill containing an emergency clause, the Governor is powerless to veto the emergency clause only.

A prosecuting witness cannot nolle prosequi a criminal case. Same is the exclusive prerogative of the prosecuting attorney.

Opinion letter to the Honorable Gerald Kiser

Opinion letter to the Honorable Warren E. Hearnes

Opinion letter to the Honorable Harold L. Fridkin

Expense of jailkeeper of third and fourth class county for boarding prisoners from another county is limited to actual and necessary costs.; County committing prisoner is not legally liable for damage caused by prisoner to the property of the county where the prisoner is held in jail.

Opinion letter to the Honorable Jasper M. Brancato

(l) An owner or a vehicle registered as a non-farm local commercial motor vehicle is in violation of Section 301.010 (10), RSMo, if it is found at a point beyond the twenty-five miles from the municipality of operation but within twenty-five miles from the municipality of registration; (2) There is no requirement in Section 301.020, RSMo, that in registering a local commercial vehicle, the owner designate the municipality from which to compute the twenty-five mile radius, and; (3) There is no requirement in the statutes that the municipality designated on the side of the vehicle in compliance with Section 301.330, RSMo, be the same as the municipality from which the vehicle is registered.

Opinion letter to the Honorable Bill Crigler

(1) Disapproval by Governor or Auditor of depositary selection is a veto.; (2) Treasurer cannot be compelled by judicial process to select depositaries.; (3) Existing depositaries remain lawful pending further designations.

Opinion letter to the Honorable Harry E. Hatcher

The state is authorized to purchase a blanket bond to cover all examiners of the Office of State Auditor, if such blanket bond covers each examiner individually in the sum of $10,000.00.

Opinion letter to the Honorable Jack Keane

Opinion letter to the Honorable Clifford A. Falzone

Opinion letter to Mr. Leon F. Burton

Opinion letter to Mr. Sargent Shriver

Opinion letter to Dr. H. M. Hardwicke

Opinion letter to the Honorable J. R. Fritz

Opinion letter to the Honorable John B. McMullin

Opinion letter to the Honorable Charles H. Dickey, Jr.

Under Section 165.657, RSMo. Cum. Supp. 1963, an election of county board of education members must be held the first Tuesday in April, 1965, in the Springfield R-12 and all other school districts of Greene County and all districts of counties of the , , and 4 class. The fact that members of the Springfield R-12 Board of Education are elected biennially in even-numbered years does not affect the right of the voters of the Springfield R-12 district to vote annually upon county board members.