Missouri Attorney General Opinions

Section 11539, Laws Mo. 1941, p. 355 and Section 11539, Laws Mo. 1941, p. 365, when considered together are not in conflict.

Inductees not yet sworn in cannot vote an official war ballot.

Section 11550, as enacted by the 62nd General Assembly, Extra Session, 1944, and Section 11551, Revised Statutes of Missouri 1939, construed.

Maker of a note secured by a deed of trust cannot release record after payment of such note.

Grantees should be named in index in the manner their names appear in deed.

Declaration of candidacy required by Sec. 11550 R. S. Mo., 1939, may be signed and filed by duly authorized agent.

Last filing date for candidates for August 1944 primary is April 25, 1944.

Salary of men in service subject to state income tax.

Candidate can seek nomination for more than one office on the same party ticket.

Wife of justice of the peace may not perform his duties of office during his absence as a member of the Armed Forces.

Filling of vacancy in office of School Director of Consolidated School District at annual meeting, a void act, where notice under Section 10418, R. S. Mo., was not given beforehand.

Section 7 of the Appropriation Act of 1943, Laws of 1943, Page 22 and 23, and Section 15181, Revised Statutes of Missouri, 1939, construed.

Under Section 1015, R. S. Mo., 1939, actions against circuit clerk and ex-officio recorder for liability incurred by acts in official capacity must be brought within three years from date cause accrues in the absence of a showing of fraud or concealment.

The appearance of persons imprisoned may be secured by writ of habeas corpus ad prosequendum in order to prosecute them on indictments for a felony in another jurisdiction in Missouri.

A pardon does not permit the Missouri Real Estate Commission to issue a broker’s or salesman’s license to one who has been convicted of offenses designated in Section 14 of the Missouri Real Estate Act.

Procedure.

Tax deed conveying land of army inductee should not be made and delivered until after full compliance with Soldiers’ and Sailors’ Relief Act.

Decision of Commissioner as to type of motor vehicle, classification, computation of fees, final and conclusive on all licenses issued pursuant to Section 8369, Laws of Missouri, 1943, Page 663 to 666 inclusive.

On failure of successful candidate for office of Justice of the Peace to secure his commission and take oath of office in qualifying himself to hold office, the then present incumbent of such office continues to hold the office until his successor is elected and qualified.

Board of Probation and Parole has no authority to destroy permanent files and records of department.

Statute does not require citizenship.

How patient may be admitted to the school at Marshall—method of determining whether such person shall be sent as a County patient.

Approval of papers as to form and sufficiency submitted in connection with change of Articles of Incorporation of American Automobile Insurance Company.

May resign office.

County Court cannot divert to the County Revenue Fund money collected to pay off bonded indebtedness.

County court may change the boundaries of road districts and may organize only one such district for the whole county.

School property does not revert by reason of the temporary non-use of the school premises.

Section 14, Article X, Constitution of Missouri, should not be withdrawn.

1) Associate Judge must be a resident of district in order to qualify; voluntary departure from district works a forfeiture of office. 2) Sections 2475 and 1988, R.S.Mo. 1939 construed.

Absentee votes to be counted by four disinterested persons appointed by the county clerk and either two justices of the peace or two members of the county court.

Amending absentee voting laws.

The Missouri Library Commission may receive gifts of money, books or other property, which may be used or held in trust for the purposes given by the person creating said trust.

As a compensation for making and preserving direct and inverted indexes only a fee of ten cents shall be collected for each instrument affecting real estate recorded.

County Court is not authorized to return license fee paid into county treasury after vacation of premises or abandonment of business by licensee.

May sell school buildings if no longer required and new building is provided.

House Bill 227, Laws of Missouri, 1941, authorizes a common school district adjacent to a consolidated district to become consolidated with such consolidated district in a certain manner.

County Court cannot increase a year’s tax levy to produce an amount in excess of 10% of the previous year’s levy; how illegally paid tax can be recovered.

Induction of School Director into Armed Forces does not affect his tenure of office.

County Court should not pay for supplies for the Registrar of Vital Statistics.

The county court has jurisdiction to correct taxes extended against exempt property, but no authority to change taxes extended before the property became exempt.

Appointment; liabilities.

Soldiers, sailors and marines in service or honorably discharged from service, or dependents of any soldier, sailor or marine shall not be charged for certified copies of public records in the care and custody and control of the State Board of Health, where such copy is to be used to establish a claim with the United States government.

Cannot prescribe manner or payment of rental accounts; nor is certification required under Sec. 14592, Laws 1943, p. 1005, on rental accounts.

Who are ex officio highway engineers must pay registration fee as provided by C. S. S. B. 61, Laws of Mo. 1941.

Five questions relative to the transfer of the management of the Confederate Home from the Board of Trustees of such home to the Board of Managers of the State Eleemosynary Institutions.

Statute provides no way to clear records on outstanding duplicate draft.