Missouri AG Opinions — 1954

Deputy recorder has no authority to record instruments after the death of the officeholder by whom he was appointed; such attempted recordation may not be given legal effect by a subsequent ratification of person appointed to fill the vacancy.

(1). A public official, otherwise qualified, may be appointed and hold a Notary Public commission and use said commission for purposes outside the duties of the particular office; (2). Prosecuting Attorneys in this state, if Notaries Public, may administer oaths to and take affidavits of complainants in criminal cases. However, to avoid complications it would be best not to do so.

The operation of a commercial vehicle with load in excess of maximum weight of license is subject to penalties provided by Section 301.440, RSMo 1949. Operation of vehicle licensed as local commercial vehicle outside local commercial zone is subject to penalties provided by Section 301.440, supra. Operation of vehicle on which license has expired is also subject to punishment in accordance with the provisions of the above mentioned section.

Fee of official court reporter of circuit court for transcripts made by him from notes taken of court proceedings had under provisions of Rule 29.01, Supreme Court Rules of Criminal Procedure, cannot be taxed as costs of the case. Only in those circuit court cases which are contested, and those in which the testimony is to be preserved shall the circuit clerk tax the $5.00 fee prescribed by Section 185.120 RSMo. 1949, as costs of the case. When collected, the clerk shall pay said fee into the county or city treasury.

Articles of Incorporation of The National Bellas Life Insurance Company.

Title to the above-described tract, located in the City of Marshall, Saline County, Missouri, as described in a corporation warranty deed dated December 4, 1953, is adequate, subject to no encumbrances, and vests in the State of Missouri, under local laws and ordinances, to the use for which the facility is intended, as of 1:00 p.m., December 10, 1953, subject to obtaining a certificate from the Clerk of the U. S. District Court wherein the said land is located, showing no pending suits, judgments, or other liens affecting the above described land.

Board of Trustees of Federal Old Soldiers’ Home at St. James, Missouri, is not authorized under Section 212.130, RSMo. 1949, to require a pensioned resident-member of the Home to pay out his or her pension into the Federal Soldiers’ Home during the time of their membership in the Home.

State Tax Commission will assess the distributable property of public utilities and apportion to each county its share thereof. This assessment is the assessment upon which a tax levy upon said property, for support of a county health center must be based.

Taxes on bridge, express and public utility companies are to be included under the provision of Section 52.260 RSMo 1949, for the purpose of determining collectors’ commissions. Railroad taxes are not to be included. Collectors’ may not retain commission for collection of railroad taxes if the maximum compensation allowed them under Section 52.270 RSMo 1949 is exceeded by their addition.

Purposes for which appropriation of one million dollars made in Section 5.150, Appropriation Laws 1953-55 may be disbursed.

County courts not required to defray any costs of supplies used by court reporter in preparing transcripts called for in Section 485.100, RSMo 1949.

Under Sections ., RSMo. , in every instance when administration proceedings are pending in probate court having jurisdiction thereof, immediately upon filing of inventory and appraisement, if in court’s opinion estate is not subject to inheritance tax, it is mandatory duty of court to enter such finding and opinion in the records of said court. If estate appears subject to tax, the court shall set a day for hearing and determination of tax. Before such hearing, the court may, upon its own motion, or that of any interested party, appoint one to appraise estate property, interest therein, or income therefrom, at clear market value subject to tax, and make written report of appraisement to court. If court finds report correct, then it is mandatory duty of court to make an order approving report and assessing tax at amount shown therein. Said finding and order shall be entered in records of said court.

1) Members of Police Departments of this State must produce satisfactory evidence of financial responsibility under the new Motor Vehicle Safety Responsibility Law of this State when involved in an accident. 2) Individual members of the Police Department of cities in this State while driving department automobiles are personally, legally liable for negligence involving other persons and property.

Prosecuting Attorney may recommend compromise of claims against county; county court may effectuate a compromise of claims subject to valid dispute.

1. Surplus money received by a county treasurer from farmer donations under the County Aid Road Fund Act may not be placed in the road and bridge fund of the county but should be distributed to farmer contributors in proportions of the amount donated.; 2. County court may in its discretion under conditions herein stated provide mild entertainment for poor persons at county poor farm.; 3. County court may transfer fund from Class 1, 2 and 4 into Class 5 prior to the end of the year under certain conditions.

The County Court of Dallas County may, by proper order, designate some other building within the seat of justice of Dallas County as the place to hold circuit court, and that prior to holding court at such new place the sheriff should make proclamation of the new place of holding court.

County court of Greene County has exclusive jurisdiction to establish boundaries of election precincts for general, primary and special elections.

(1) There is no specific time limitation as to when the clerk of the county court may turn over the supplemental tax book to the county col lector to collect taxes authorized by a special tax levy election (2) Taxes authorized by special tax levy election become delinquent on January of the year following the levy (3) Such taxes constitute a lien on the assessable real property in the district, and (4) Payment of those school taxes due at the time of payment, does not preclude collection from those taxpayers of the additional taxes due by virtue of the tax levy election.

Coleman R. Smith not a qualified voter of State of Missouri for two years prior to February 16, 1954, due to previous conviction of a felony and without having subsequently obtained “full pardon” as such term is used in Section 111.060, RSMo 1949.

Form of recognizance of defendant for appearance at trial.

No authority to hold persons writing libelous articles in newspapers concerning the county court and its members, in contempt of court.

(Counties of 200,000 to 450,000 inhabitants); Procedure for acquisition of (1) Office furniture, equipment and supplies, (2) Election supplies, equipment and services, and, (3) Voting machines.

House Bill No. 369 is not a part of the Missouri Sales Tax Law, and therefore exemptions to the application of the Missouri Sales Tax Law do not apply to House Bill No. 369. Further, that trailer space rented by educational institutions to its students or affiliated personnel, is not subject to the application of House Bill No. 369, since such space is not offered for rental to the public.