Missouri AG Opinions — 1943

Induction into the armed forces does not effect title or compensation.

Solvent convicted defendant in counties of the third class liable for board bill accruing while committed to jail by lawful authority as part of costs.

Method of nominating delegates to the Constitutional Convention.

Funds may be appropriated in 1943-44 biennium to cover costs of government in 1945, but total period covered may not exceed two years from passage of appropriations act.

Cannot charge for certified copies of papers, but may charge fifty cents for certificate.

Expenses of inspecting property which is security on school loan cannot be paid out of capital school fund.

County Collector should not deposit his commissions on taxes with taxes in the County Treasury.

Real Estate in this state, belonging to non-resident decedent who died intestate leaving no heirs at law, will escheat to the state of Missouri. Personal property in this state, belonging to non-resident decedent who dies intestate leaving no heirs at law, should be transferred to the administrator in the state of his domicile.

In case of death, resignation or removal of trustee appointed under Jones-Munger Act, successor trustee takes trusteeship without any conveyance from original trustee and takes title to all properties acquired under authority of Section 11131, R. S. Mo. 1939.

Property held by county court for use and benefit of county school fund is exempt from taxation; if it is so held on the assessment date such property remains exempt even though title thereto passes to a non-exempt holder before the next assessment date.

(1) County court only can purchase chemicals for use of courthouse and county farm; (2) County court cannot donate cash for repair on city streets; and, (3) County court should deduct five per cent Victory Tax from warrant drawn on county treasurer.

Presiding judge of the county court may be appointed deputy circuit clerk.

Failure to qualify authorizes predecessor to continue in office.

Where pupils of a district not maintaining a high school attend high school in another district, under Sec. 10458, R. S. 1939, such district is legally obligated to pay tuition of such pupils even though they are orphans.

Tally sheets and ballots for the election for county superintendent of schools.

(1) Duties of prosecuting attorneys relative to the escheat statutes; (2) Officers not allowed additional compensation for the performance of official duties.

Upon appointment of county superintendent of public welfare the appointment of a probate parole and truant officer is automatically suspended.

(1) Circuit Clerk of St. Louis County not entitled to fees in addition to his salary set by Section 13528, R. S. 1939. (2) Circuit clerks are entitled to retain fee for bar enrollment as provided by Supreme Court Rules.

Lands acquired by drainage districts are not subject to taxation and the lien for delinquent taxes may not be enforced during the ownership of the lands by the drainage district.

Publication of notices of filing of petition to form a special road district must comply with statute.

Justices of the peace may hold the office of deputy recorder of deeds at the same time.

Probate Judges’ compensation limited to annual compensation of Circuit Judge for same county for judicial services.

School districts can pay out of school funds for apparatus and labor to furnish lunches to children attending school.

Old county court may employ janitors whose terms extend into term of new county court; two members of the county court may make an order to transact business without the presence of the other member of the county court.

The term of office for a justice of the peace in counties under township organization is two years.

De jure officer entitled to compensation instead of de facto officer who performed assessor’s duties.

Recorder of deeds cannot charge for duplicate certified copies of marriage licenses issued to a member of the Armed Forces.

Limitation of taxes by county.

Submissible case stated under Sections 9865 and 9868 R. S. Mo., 1939.

Probate Court may not charge fees for denial of letters in estates consisting wholly of social security funds and in which the assets are less than $400.00. Probate Court may charge fees to individuals in other estates for denial of letters.

Deputy Circuit Clerk is an officer and entitled to receive compensation while lawfully holding title to office.

Penalties and interest on taxes may not be charged in cases where the taxpayer was unable to pay the taxes before they became delinquent on account of the death of the collector. Check is not legal tender for payment of taxes.

Board may consider application of an individual for re-examination, where his license has been revoked for cause. Signing in blank certificates of death and leaving them with undertaker who is not licensed embalmer, to be used by him, is cause for revocation of license.

Oath of office to a member of the County Court may be administered in any state by any person authorized to administer oaths.

Township board cannot lease road machinery belonging to road district to be used outside of the road district in the township, under township organization.

Power of Lieutenant Governor to vote and debate in the Senate.