Missouri Attorney General Opinions

Section 540.020 RSMo 1949, providing that grand jury be convened upon order of judge of court of record having jurisdiction of felonies is directory rather than mandatory. Does not require grand jury convened at least once during certain period of time. Calling of grand jury discretionary with judge, who may order same convened at such times as he deems necessary.

Counties of fourth class not authorized to levy tax for support and maintenance of county farm bureau subject to Sections 262.550 to 262.620, RSMo 1949, as amended.

The sale of a school building by the board of education of a reorganized school district without having advertised the same in accordance with Section 165.370, RSMo. 1949, is invalid.

Township has no authority to use township machinery to do work for private individuals for hire.

No authority exists for the election or the appointment of more than four constables in St. Louis County, regardless of the fact of the creation of five magistrate districts in St. Louis County.

There is no statute in this State authorizing County Courts of any county of any class in this State to set and pay out of the county treasury bounties on foxes or fox puppies.

In cases of death where there is no physician in attendance upon the death of the deceased person, and death is not such as to bring it within the jurisdiction of the coroner, the person in charge of interment may, during the incapacity of the local registrar to perform his duties, directly notify the local health officer, and said local health officer should complete the certificate of death, in accordance with Section 193.140, RSMo 1949.

Department of Corrections of the State of Missouri may, within its discretion, establish a bureau of personnel pursuant to Section 216.050, RSMo 1949, and said department may, within the limits of its appropriation for such purposes, employ such personnel as it considers necessary to discharge the functions of that bureau. It is within the discretion of the Department of Corrections whether to appoint a person to supervise said personnel bureau.

Members of the Commissioned Corps of the Public Health Service actively serving prior to July 3, 1952, entitled to $3,000. income tax exemption per Section 143.105; but not after said date.

If the recorder of a third class county does not earn the sum of $4,000.00 in fees in 1953, he is not entitled to the total sum, or to any portion of the sum, of $750.00, provided in Section 59.250 S. B. 42 of the General Assembly.

School district temporarily combined with another district under Sec. 161.100, RSMo 1949, must employ teacher and show kind of certificate held by teacher in order to qualify for maximum apportionment of state school money.

The contract for the purchase of a rug by the Missouri Supreme Court did not need to be approved by the state comptroller and budget director; that a contract for repairs to the Missouri Supreme Court Building should have been approved by the Director of Public Buildings.

County Court in counties of third class may not employ clerical and stenographic personnel for the office of assessor other than is provided in Section 53.095, V.A.M.S.

1. An action instituted by a Prosecuting Attorney, ex officio, for the abatement of an obstruction across a county road is an action brought by the State; 2. Although such action is unsuccessful by reason of adverse judgment or a continuance at any state of the proceedings no costs can be collected from the State; 3. In such a situation the county in which the action was begun would not be liable for such costs.

The General Assembly can create a special fund for the purpose of financing local roads, but such special fund would be subject to dissolution, and appropriation for other purposes, by succeeding General Assemblies.

A public official claiming a fee for performance of his duty must put his finger on the statute authorizing such fee; and that no statute authorizes the payment of a fee to a recorder of deeds for entering on the margin of the record the satisfaction of a mortgage or a deed of trust on realty.

Coroner in City of St. Louis as such has no authority to order the arrest or detention of persons suspected of complicity in crime causing death by violence or of a material witness thereto, prior to the holding of inquest.

Funds appropriated under Section 7.031, Laws of 1953, may be used to enlarge and improve existing power and heating plant owned and operated by and serving the University of Missouri in order to serve heat and power needs of the new Missouri University four-year medical and surgical school.

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.

When subpoenas, summons and warrants, all in one case, are given to the sheriff for service on one trip, that for all such service by the sheriff, he is entitled to receive mileage only for service had on one person which should be computed on service to the most remote point and return. If, for good cause shown, sheriff is unable to make all such service on the same trip, he shall be entitled to additional necessary mileage required to make such service which must be approved by the prosecuting attorney and county court. However, in no case shall the sheriff be entitled to but one mileage for service in any single case on any one person.

It is the opinion of this department that county court judges, in counties of the third class, will, for the remainder of their present terms, receive $10.00 per day for the first ten days in any month in which court is held, and $5.00 per day for each additional day in each month in which court is held, and 5¢ per mile necessarily travelled in going to and returning from the place of holding court.

Under Rule 21.14, Supreme Court Rules of Criminal Procedure for all Missouri courts, one arrested without warrant for criminal offense of careless and reckless driving of a motor vehicle, a bailable offense under Sec. 20, Art. I, Cost. of Mo. 1945; while in custody said person may request and be granted bail by magistrate court of county having jurisdiction to try case if charge filed in such court. Condition of bond being that person will appear on specified date, or from time to time to which cause may be continued, to answer information that may be preferred against him, charging said offense. One arrested without warrant for alleged criminal offense and while in custody applies to the magistrate court of the county having jurisdiction if criminal charge filed, and court orders sheriff to bring the prisoner before court and be present during consideration of application for bail; order properly and legally made, and duty of sheriff to obey same.

Charter of the City of St. Louis may be amended so as to authorize the levy of a city earnings tax on income earned by residents and income earned by nonresidents employed in such city, and statute is unnecessary.

Deputy state veterinary surgeon not required to be resident of Missouri.

A savings and loan association not prohibited under its by-laws or any Missouri statutes, may pay bonuses to employees or affiliates for obtaining new accounts. By-law of an association prohibiting payment of dividends upon accounts withdrawn can be amended to permit payment of dividends upon any portion of withdrawal between last dividend date and notice of withdrawal. Board of directors lack power under by-laws to create new office of chairman of board. Office cannot be created without amendment authorizing same.