FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 521.590 — MO Code / Chapter 521 / Section 521.590
521.590 Proceedings to avoid judgments on constructive notice — when defendant has ...
Status: in_force

521.590. Proceedings to avoid judgments on constructive notice — when defendant has two years to plead. — In cases where judgment is rendered against the defendant, upon publication of notice, without service of a summons or his appearance to the action, he shall be allowed two years, and no longer, from the date of the judgment, to appear and disprove or avoid the debt or damages adjudged against him, or any part thereof.

(RSMo 1939 § 1497) Prior revisions: 1929 § 1333; 1919 § 1784; 1909 § 2353
Mo. Rev. Stat. § 431.170 — MO Code / Chapter 431 / Section 431.170
431.170 Action against assignor by assignee, when.
Status: in_force

431.170. Action against assignor by assignee, when. — The assignee of a bond, nonnegotiable note or account, may maintain an action against the assignor, upon failure to obtain payment from the obligor, maker or debtor, only in one of the following cases:

(1) If he use due diligence in the institution and prosecution of a suit against the obligor, maker or debtor, for the recovery of the money or property due, or damages in lieu thereof;

(2) If the obligor, maker or debtor is insolvent, or is not a resident of this state, so that a suit would be unavailing or could not be instituted.

(RSMo 1939 § 3347) Prior revisions: 1929 § 2960; 1919 § 2162; 1909 § 2776
Mo. Rev. Stat. § 274.110 — MO Code / Chapter 274 / Section 274.110
274.110 Directors to manage affairs of association.
Status: in_force

274.110. Directors to manage affairs of association. — 1. The affairs of the association shall be managed by a board of not less than five directors, elected by the members from their own number.

2. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts, either directly or by district delegates elected by the members of that district. In such a case the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to such districts and that the result of all such primary elections may be ratified by the next regular meeting of the association or may be considered final as to the association.

3. The bylaws may provide that one or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. Such directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one-fifth of the entire number of directors.

4. An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.

5. No director, during the term of his office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members of the association, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary on regular salary or substantially full-time pay.

6. The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.

7. When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for the election of directors by district. In such a case the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.

(RSMo 1939 § 14342) Prior revision: 1929 § 12684
Mo. Rev. Stat. § 231.280 — MO Code / Chapter 231 / Section 231.280
231.280 Clerk to make itemized statement — publication — filing of certain copies.
Status: in_force

231.280. Clerk to make itemized statement — publication — filing of certain copies. — The township board of directors in all counties under township organization shall keep, or cause to be kept, a full, true and correct record of all moneys received and disbursed on account of roads and bridges and all other receipts and disbursements of every nature in such township, showing in detail from whom and on what account such money was received, and to whom and for what purpose disbursed, together with a complete inventory of all tools, road machinery and other property belonging to the township, together with such other information as to the condition of roads and bridges and the needs of same as may be deemed of value, and within thirty days after the end of the fiscal year of said township board of directors, which fiscal year shall begin and end on the same date as the fiscal year of the county in which such township is located, shall cause to be published an itemized statement of such receipts and expenditures, inventory of tools, machinery and other property in some newspaper published in such township, and if there be no newspaper published in the township, then such publication may be made in any newspaper of general circulation within such township published in the county. Such statement shall be made by the township clerk under the direction of the township board, and shall be sworn to by such clerk, and it shall be the duty of the township clerk within thirty days after the end of the fiscal year of said township board to file one copy of such detailed statement with the county clerk of such county, and the county clerk shall lay the same before the county commission at its next regular meeting.

(RSMo 1939 § 8830, A.L. 1945 p. 1497 § 8830, A.L. 2003 H.B. 597) Prior revisions: 1929 § 8170; 1919 § 10931; 1909 § 11781
Mo. Rev. Stat. § 356.231 — MO Code / Chapter 356 / Section 356.231
356.231 Certificates of authority, required, exceptions — foreign corporations may ...
Status: in_force

356.231. Certificates of authority, required, exceptions — foreign corporations may be granted certificates of authority, requirements. — 1. No foreign professional corporation shall have the right to transact business of providing professional services in this state until it shall have procured a certificate of authority to do so from the secretary of state. However, no such corporation shall be required to obtain a certificate of authority to transact business in this state solely because it conducts any of the following activities in this state:

(1) Maintaining or defending any action or suit or any administrative or arbitration proceeding directly involving the corporation, or effecting the settlement thereof or the settlement of claims or disputes;

(2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs;

(3) Maintaining bank accounts;

(4) Borrowing money or creating evidences of debt, mortgage or lien on or other security interest in real or personal property;

(5) Securing or collecting debts or enforcing any rights in property securing the same;

(6) Conducting an isolated transaction that is not repeated on any type of recurring or regular basis.

2. A foreign professional corporation shall be entitled to procure from the secretary of state a certificate of authority to transact business in this state only if:

(1) The name of the corporation meets the requirements of sections 356.011 to 356.261 ;

(2) The corporation is organized only for purposes for which a professional corporation organized under sections 356.011 to 356.261 may be organized; and

(3) All the shareholders, at least a majority of the directors and all the officers other than the secretary and treasurer of the corporation are qualified persons with respect to the corporation.

(L. 1986 H.B. 1230)
Mo. Rev. Stat. § 162.905 — MO Code / Chapter 162 / Section 162.905
162.905 Cooperative activities authorized.
Status: in_force

162.905. Cooperative activities authorized. — Any special school district may, at the discretion of its board of education and upon the request of component local districts, serve as a coordinating agency for cooperative activities including but not limited to group purchasing, centralized computer services, audiovisual services and library services for the school districts served by the special district.

(L. 1973 H.B. 474 § 52) Effective 7-1-74
Mo. Rev. Stat. § 530.040 — MO Code / Chapter 530 / Section 530.040
530.040 Petition — preliminary writ — proceedings.
Status: in_force

530.040. Petition — preliminary writ — proceedings. — 1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall be heard in the first instance, on presentation, summarily, or upon such notice to the adverse party as the court or a judge thereof in vacation, may order.

2. And if upon such hearing the petition be held sufficient in law, and be supported by some persuasive evidence of its truth, the court, or judge in vacation, may, upon such terms as may be just, make a preliminary rule or order upon the defendant to show cause to the court upon a specified day why a final judgment in prohibition should not be entered, and commanding the defendant, if deemed necessary, to meanwhile refrain from all action in the premises until further order.

3. And such rule or order shall be served upon the defendant before the return day, in the mode provided for the service of process in other civil actions, unless otherwise prescribed by the court or judge, and a failure to obey such rule or order shall subject the defendant to the penalties of contempt.

(RSMo 1939 § 1776) Prior revisions: 1929 § 1612; 1919 § 2060; 1909 § 2625
Mo. Rev. Stat. § 473.580 — MO Code / Chapter 473 / Section 473.580
473.580 Proceedings on scire facias.
Status: in_force

473.580. Proceedings on scire facias. — The scire facias may be directed to and served in any county in this state, and if, upon return thereof, good cause to the contrary is not shown, the court shall render judgment against the surety for the amount unpaid and costs and award execution therefor.

(RSMo 1939 § 228, A.L. 1955 p. 385 § 205) Prior revisions: 1929 § 229; 1919 § 228; 1909 § 237
Mo. Rev. Stat. § 532.300 — MO Code / Chapter 532 / Section 532.300
532.300 Proceedings on return of writ.
Status: in_force

532.300. Proceedings on return of writ. — If the person having such prisoner in custody shall be brought before a court as for a criminal offense, he shall be examined, committed, bailed or discharged, in like manner as in other criminal cases of like nature.

(RSMo 1939 § 1642, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1478; 1919 § 1928; 1909 § 2493 Effective 1-02-79
Mo. Rev. Stat. § 379.005 — MO Code / Chapter 379 / Section 379.005
379.005 Definitions.
Status: in_force

379.005. Definitions. — As used in this chapter, unless otherwise clearly indicated by the context, the following words mean:

(1) "Department" , the department of commerce and insurance; and

(2) "Director" , the director of the department of commerce and insurance.

(L. 2008 S.B. 788)
Mo. Rev. Stat. § 87.175 — MO Code / Chapter 87 / Section 87.175
87.175 Retirement for service — amount, how computed — refund of member's contribution.
Status: in_force

87.175. Retirement for service — amount, how computed — refund of member's contribution. — 1. Upon retirement for service, a member shall receive a service retirement allowance which shall be equal to fifty percent of the average final compensation, plus an amount equal to five percent of the average final compensation for each additional year of service after twenty-five years, but no service retirement allowance shall exceed an amount equal to seventy-five percent of the average final compensation.

2. In addition to any other annuity or retirement allowance payable under this section and sections 87.195 and 87.205 , any member upon retirement application approval shall be repaid the total amount of the member's contribution to the retirement system, without interest. Any beneficiary, upon the receipt of evidence and proof of the death of an active member, shall be repaid the total amount of the member's contribution to the firemen's retirement system, without interest. The board shall pay the beneficiary such total amount of the member's contribution to the retirement system within sixty days after the date of the death of the member.

3. Any annuity or retirement allowance repaid to a member under subsection 2 of this section shall be withdrawn from the members' contribution fund of the firemen's retirement system and no moneys shall be withdrawn from the general revenue fund of the city .

(L. 1943 p. 708 § 6, A.L. 1959 S.B. 314 § 86.517, A.L. 1963 p. 142, A.L. 1967 1st Ex. Sess. p. 876, A.L. 1969 pp. 161, 162, A.L. 1972 H.B. 1378, A.L. 1973 H.B. 591, A.L. 1977 H.B. 308, A.L. 1982 S.B. 508, A.L. 1983 H.B. 694 & 171, A.L. 1994 H.B. 1575, A.L. 1995 H.B. 260, et al. merged with S.B. 404)
Mo. Rev. Stat. § 229.240 — MO Code / Chapter 229 / Section 229.240
229.240 Application for permit.
Status: in_force

229.240. Application for permit. — 1. All applications for permits to move houses, buildings or other structures upon, across or over any public highway outside of the limits of any city of the first, second or third class, or any city existing under a scheme and charter or a special charter in this state, shall be made to the county clerk of the county in which the property is situated, and shall state the location of the house, building or other structure to be moved, its greatest length, width and height, and shall state definitely the route over which it is to be moved, and whether or not it will be necessary to cut, remove, raise or in any way interfere with any electric transmission lines or electric wires, or the feed or trolley wires of any interurban railroad, or move any pole bearing any such wires, or whether it will be necessary to cross the tracks of any steam or interurban railroad; and if it shall be necessary to cut, remove, raise or in any way interfere with any such wires, the application shall state the names of the owners of such wires, the time and place when and where the removal of said poles, or the cutting, raising or otherwise interfering with the said wires will be necessary, or the crossing of said steam or interurban tracks, and the proposed new location thereof.

2. The county surveyor, or highway engineer, or the county commission, as the case may be, shall have authority to require any changes in such route which he or they shall deem proper under the attendant circumstances.

(RSMo 1939 § 8600) Prior revisions: 1929 § 7951; 1919 § 10738
Mo. Rev. Stat. § 442.555 — MO Code / Chapter 442 / Section 442.555
442.555 Rule against perpetuities, application of modified.
Status: in_force

442.555. Rule against perpetuities, application of modified. — 1. When any limitation or provision violates the rule against perpetuities or a rule or policy corollary thereto and the instrument containing the limitation or provision also contains other limitations or provisions which do not in themselves violate the rule against perpetuities or any such rule or policy, the other limitations or provisions shall be valid and effective in accordance with their terms unless the limitation or provision which violates the rule against perpetuities or such rule or policy is manifestly so essential to the dispositive scheme of the grantor, settlor or testator that it is inferable that he would not wish the limitations or provisions which do not in themselves violate the rule against perpetuities to stand alone. Doubts as to the probable wishes of the grantor, settlor or testator shall be resolved in favor of the validity of limitations and provisions.

2. When any limitation or provision violates the rule against perpetuities or a rule or policy corollary thereto and reformation would more closely approximate the primary purpose or scheme of the grantor, settlor or testator than total invalidity of the limitation or provision, upon the timely filing of a petition in a court of competent jurisdiction, by any party in interest, all parties in interest having been served by process, the limitation or provision shall be reformed, if possible, to the extent necessary to avoid violation of the rule or policy and, as so reformed, shall be valid and effective.

3. This section shall not apply to any limitation or provision as to which the period of the rule against perpetuities has begun to run prior to the first day of November in the year in which this section becomes effective.

(L. 1965 p. 628 § 1, A.L. 1978 H.B. 1634) Effective 1-02-79
Mo. Rev. Stat. § 633.170 — MO Code / Chapter 633 / Section 633.170
633.170 Definitions.
Status: in_force

633.170. Definitions. — As used in sections 633.170 to 633.195 * and section 208.500 ** , the following terms mean:

(1) "Adult" , a person eighteen years of age or older;

(2) "Child" , a person under the age of eighteen;

(3) "Developmental disability" , a disability which:

(a) Is attributable to:

a. Intellectual disability, cerebral palsy, epilepsy, head injury or autism, or a learning disability related to a brain dysfunction; or

b. Any other mental or physical impairment or a combination of mental and physical impairments;

(b) Is manifested before the person attains age twenty-two;

(c) Is likely to continue indefinitely; and

(d) Results in substantial functional limitations in two or more of the following areas of major life activities:

a. Self-care;

b. Receptive and expressive language development and use;

c. Learning;

d. Self-direction;

e. Capacity for independent living or economic self-sufficiency; and

f. Mobility;

(e) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, or other services;

(f) Reflects the person's need for services and supports which may be of lifelong or extended duration and are individually planned and coordinated;

(4) "Family or private caregiver" , the person or persons with whom the individual who has a developmental disability resides or who is primarily responsible for the physical care, education, health, and nurturing of the person with a disability. The term does not apply to persons providing care through hospitals, habilitation centers, nursing homes, group homes, or any other such institution;

(5) "Family support" , services and helping relationships whose purpose is to maintain and enhance family caregiving. Family support may be one or many services that enable individuals with disabilities to reside within the family home and remain integrated within their community and are:

(a) Based on individual and family needs;

(b) Identified by the family;

(c) Easily accessible for the family;

(d) Flexible and varied to meet the ever-changing needs of family members;

(e) Provided in a timely manner; and

(f) Family-centered and culturally sensitive;

(6) "Family support program" , a coordinated system of family support services which enhance family caregiving, strengthen family functioning, reduce family stress, foster community integration, promote individual and family independence and encourage economic self-sufficiency for the purpose of helping children with developmental disabilities remain with their families.

(L. 1993 H.B. 330 § 1, A.L. 2014 H.B. 1064) *Section 633.195 does not exist. **Section 208.500 was repealed by H.B. 1608, 2012.
Mo. Rev. Stat. § 67.1009 — MO Code / Chapter 67 / Section 67.1009
67.1009 Transient guest tax authorized for certain cities — ballot language (Cities ...
Status: in_force

67.1009. Transient guest tax authorized for certain cities — ballot language (Cities of Edmundson and Woodson Terrace). — 1. The governing body of the following cities may impose a tax as provided in this section:

(1) Any city of the fourth classification with more than eight hundred thirty but fewer than nine hundred inhabitants and located in any county with a charter form of government and with more than nine hundred fifty thousand inhabitants;

(2) Any city of the fourth classification with more than four thousand fifty but fewer than four thousand two hundred inhabitants and located in any county with a charter form of government and with more than nine hundred fifty thousand inhabitants.

2. The governing body of any city listed in subsection 1 of this section may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the city, which shall be not more than six-tenths of one percent per occupied room per night, except that such tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at a state general or primary election a proposal to authorize the governing body of the city to impose a tax pursuant to this section. The tax authorized by this section shall be in addition to the charge for the sleeping room and shall be in addition to any and all taxes imposed by law. Such tax shall be stated separately from all other charges and taxes.

3. The ballot of submission for any tax authorized in this section shall be in substantially the following form:

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall become effective on the first day of the second calendar quarter following the calendar quarter in which the election was held. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not become effective unless and until the question is resubmitted under this section to the qualified voters and such question is approved by a majority of the qualified voters voting on the question.

4. As used in this section, "transient guests" means a person or persons who occupy a room or rooms in a hotel or motel for thirty-one days or less during any calendar quarter.

(L. 2013 S.B. 99)