Missouri AG Opinions — 1948

The term “General Election” means the election held in November of even years. Trustees not nominated by primary elections: any qualified person may be placed on ballot.

Term of additional magistrate ends at next general election.

Mentally deficient child ordered committed to state hospital by Juvenile Court in St. Louis should be taken to the hospital by the Probation officer rather than by the sheriff.

Money from sale of buildings bought with unappropriated funds by state teachers college need not be deposited in the State Treasury.

County court cannot collect from special road district for repairs to bridge in such special road district; may assist special road district organized under Art. 10, Chap. 46, R.S. 1939, in maintaining bridges, such money to be paid out of class 6 of the budget; cannot pay for maintaining a bridge in a special road district organized under Art. 11, Chap. 46, R.S. 1939.

Sheriff is entitled to per diem provided in Section 13411, R.S. Mo. 1939, for attendance in courts of record. Fee is properly allowed to the sheriff and not to the deputy for the deputy’s attendance.

When by reason of death of one co-owner of an estate by the entirety in either real or person property, the survivor acquires the whole estate therein, the property is not subject to assessment of inheritance tax. When by reason of the death of one co-owner of property, real or personal, held by two or more persons as joint tenants, acquires the interest of the deceased by reason of surviving, such property is not subject to assessment of inheritance tax.

Retail sales made by or to an educational institution supported by a religious organization are exempt from provisions of the Sales Tax Act.

Tuition cannot be paid for elementary pupils voluntarily attending other districts and such pupils cannot be counted toward teaching units.

Under Section 3364, page 640, Laws of Missouri, 1943, applications for marriage license must be presented and filed with the recorder of deeds that issues said license.

Further insanity hearing not necessary when pay patient made county patient.

Where a Missouri statute fixes the salary of the county officer on the basis of population of the county and provides no method of determining such population, the population is to be measured by the last decennial census of the United States.

Relating to licenses for local commercial motor vehicles.

Deputy sheriffs appointed by the sheriff in counties of third class under authority of Sec. 2, Laws of 1945, p. 1562, do not have a “term of office” and compensation of such deputies may be changed at any time by the circuit judge.

County court is prohibited by Sec. 26(a), Art. VI of Constitution, from becoming indebted exceeding in any year the income and revenue provided for such year, and contract between county and surety company for payment over 4 year term of premiums on county treasurer’s bond, given for protection of school fund, does not bind county for more than one year. County court may in any year set bond required of treasurer for protection of school money.

Appropriations for Training Schools at Boonville, Chillicothe and Tipton for payment of teachers’ salaries, educational supplies, etc., should not be made out of that part of the general revenue set apart for the free public schools.

The advertisement of optometric services on credit is the advertisement of “prices or terms for optometric services” under Section 10121 (g), R. S. Mo., 1939, as amended.

Canvass to be made after all intermediate registrations as provided for in Section 11872 of the Revised Statutes of Missouri for 1939, discretionary with the Board of Election Commissioners.

Magistrate must keep judgment docket; magistrate judgment not lien until transcript of judgment filed with circuit clerk.

The county court may anticipate the state aid for farm to market roads in its budget.

Compensation of members of the Public Hearing Panel, under House Bill No. 180, should be paid out of the appropriation of the State Board of Mediation.