FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 351.870 — MO Code / Chapter 351 / Section 351.870
351.870 Definitions.
Status: in_force

351.870. Definitions. — In sections 351.870 to 351.930 :

(1) "Beneficial shareholder" means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder;

(2) "Corporation" means a statutory close corporation at the time the corporate action is taken and which is the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or consolidation of that issuer;

(3) "Dissenter" means a shareholder who is entitled to dissent from corporate action under section 351.875 and who exercises that right when and in the manner required by sections 351.885 to 351.925 ;

(4) "Fair value" , with respect to a dissenter's shares, means the value of the shares immediately before the effectuation of the corporate action to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the corporate action unless exclusion would be inequitable;

(5) "Record shareholder" means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation;

(6) "Shareholder" means the record shareholder or the beneficial shareholder.

(L. 1990 H.B. 1432)
Mo. Rev. Stat. § 340.320 — MO Code / Chapter 340 / Section 340.320
340.320 Practice as technician after revocation, penalty — application for renewal.
Status: in_force

340.320. Practice as technician after revocation, penalty — application for renewal. — 1. Any person who practices as a veterinary technician after his or her certificate has been revoked pursuant to section 340.318 is in violation of sections 340.200 to 340.330 and subject to criminal prosecution as provided for under sections 340.200 to 340.330 . Such criminal penalty shall be in addition to and not in lieu of any penalty or other discipline provided for under sections 340.200 to 340.330 .

2. If a person is otherwise eligible to renew his or her certificate, such person may renew an expired certificate within two years of the date of expiration by submitting an application for renewal, payment of the renewal fee, payment of delinquent renewal fees and payment of a penalty fee as established by the board. A certificate may not be renewed if two years have lapsed since the date the certificate expired. Such holder of an expired certificate must make application for a new certificate.

(L. 1992 H.B. 878 § 60, A.L. 1999 S.B. 424, A.L. 2004 H.B. 869)
Mo. Rev. Stat. § 228.352 — MO Code / Chapter 228 / Section 228.352
228.352 Nonjury hearing, purpose — court order, issued when.
Status: in_force

228.352. Nonjury hearing, purpose — court order, issued when. — After the time for filing the answer to the petition has expired and after the parties have had a reasonable time for discovery, the court shall conduct a nonjury hearing during which the parties may submit evidence pertaining to the allegations of the petition and to the proposed location of the private road. If the court determines upon a petition to establish a private road that there is access to a public road or that the way sought is not a way of strict necessity, then the petition shall be dismissed. If the court determines that there is no access to a public road and the way sought is a way of strict necessity, then it shall further determine the location of a private road that is situated so as to do as little damage or injury and cause as little inconvenience as practicable to the defendants. If the court determines upon a petition to widen a private road that there is not sufficiently wide access to utilize the property for the uses permitted by law, then it shall further determine the location at the side or sides of the existing private road of the widening so as to do as little damage or injury and cause as little inconvenience as practicable to the defendants. The court shall then enter an interlocutory order for the establishment or widening of the private road at the location determined by the court. As part of such interlocutory order, the court shall also designate which party or parties shall be responsible for the construction, maintenance and repair of the private road and shall set out the nature and scope of the parties' rights to the use and the enjoyment of the private road. However, the court shall not order the defendants to share responsibility for the construction, maintenance or repair of the private road if, under the court order, the defendants are not granted any rights to the use and enjoyment of the private road, or if any such rights are granted and the defendants waive such rights.

(L. 1991 S.B. 138 § 4, A.L. 1993 S.B. 236)
Mo. Rev. Stat. § 540.170 — MO Code / Chapter 540 / Section 540.170
540.170 Subpoenas in vacation, when issued.
Status: in_force

540.170. Subpoenas in vacation, when issued. — It shall be the duty of the circuit clerk to issue subpoenas for witnesses to be and appear before the grand jury of the circuit court thereafter, at the instance of the prosecuting or circuit attorney, whenever it shall be shown that such witnesses are about to absent themselves to avoid being subpoenaed before the grand jury.

(RSMo 1939 § 3934, A.L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.) Prior revisions: 1929 § 3545; 1919 § 3890; 1909 § 5098
Mo. Rev. Stat. § 486.900 — MO Code / Chapter 486 / Section 486.900
486.900 Definitions.
Status: in_force

486.900. Definitions. — As used in sections 486.900 to 486.1010 , the following terms and phrases mean:

(1) "Capable of independent verification" , any interested person may confirm the validity of an electronic notary's identity and authority through a publicly accessible system;

(2) "Electronic" , relates to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(3) "Electronic document" , information that is created, generated, sent, communicated, received, or stored by electronic means;

(4) "Electronic journal of notarial acts" and "electronic journal" , a chronological electronic record of notarizations that is maintained by the notary public who performed the same notarizations;

(5) "Electronic notarial act" and "electronic notarization" , an official act involving an electronic document that is performed in compliance with sections 486.900 to 486.1010 by an electronic notary public as a security procedure as defined in the uniform electronic transactions act, sections 432.200 to 432.295 ;

(6) "Electronic notarial certificate" , the part of, or attachment to, a notarized electronic document that, in the performance of an electronic notarization, is completed by the electronic notary, bears the notary's registered electronic signature and seal, and states the date, venue, and facts attested to or certified by the notary in the particular electronic notarization;

(7) "Electronic notary public" and "electronic notary" , a notary public who has registered with the secretary the capability to perform electronic notarial acts;

(8) "Electronic notary seal" and "electronic seal" , information within a notarized electronic document that includes the electronic notary's name, title, jurisdiction, and commission expiration date and generally corresponds to information in notary seals used on paper documents;

(9) "Electronic signature" , an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document;

(10) "Registered electronic notary seal" , an electronic notary seal produced by a notary in the performance of an electronic notarial act by a means that was registered with the secretary;

(11) "Registered electronic signature" , an electronic signature produced by a notary in the performance of an electronic notarial act by a means that was registered with the secretary;

(12) "Security procedure" , a procedure employed for the purpose of verifying that an electronic signature, document, or performance is that of a specific person or for detecting changes or errors in the information in an electronic document. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback, or other acknowledgment procedures.

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 545.570 — MO Code / Chapter 545 / Section 545.570
545.570 In case of removal, transcript of record to be made.
Status: in_force

545.570. In case of removal, transcript of record to be made. — Whenever any order shall be made for the removal of any cause, under the foregoing provisions, the clerk of the court in which the same is pending shall make out a full transcript of the record and proceedings in the cause, including the order of removal, the petition therefor, if any, and the recognizance of the defendant and of all witnesses, and shall transmit the same, duly certified under the seal of the court, to the clerk of the court to which the removal is ordered.

(RSMo 1939 § 4029) Prior revisions: 1929 § 3640; 1919 § 3983; 1909 § 5190
Mo. Rev. Stat. § 354.120 — MO Code / Chapter 354 / Section 354.120
354.120 Rules and regulations by director authorized — procedure, review.
Status: in_force

354.120. Rules and regulations by director authorized — procedure, review. — The director may promulgate such reasonable rules and regulations not inconsistent with the provisions of sections 354.010 to 354.380 as he shall deem necessary for its proper administration, pursuant to the provisions of this section and chapter 536 . No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(L. 1973 S.B. 3 § 23, A.L. 1983 H.B. 127, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Mo. Rev. Stat. § 528.230 — MO Code / Chapter 528 / Section 528.230
528.230 Commissioners to make affidavit and give notice to parties.
Status: in_force

528.230. Commissioners to make affidavit and give notice to parties. — The commissioners, before proceeding to the execution of their duties, shall make affidavit, before some officer qualified to administer oaths, honestly and impartially to execute the trust reposed in them, which shall be returned and filed with their report, and shall give at least five days' notice to each party to the suit, or his conservator or attorney, of the time when they will proceed to the performance of their duties; and if any such party do not reside in any county in which any of the land is situate, and have no conservator or attorney therein, notice to such party may be served by posting same in the office of the clerk of the court wherein the suit is pending at least five days before such time.

(RSMo 1939 § 1731, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § 1567; 1919 § 2015; 1909 § 2579
Mo. Rev. Stat. § 388.060 — MO Code / Chapter 388 / Section 388.060
388.060 Corporate powers to cease, when.
Status: in_force

388.060. Corporate powers to cease, when. — If any corporation formed under this chapter shall not, within two years after its articles of association are filed and recorded in the office of the secretary of state, begin the construction of its road, and shall not within one year thereafter expend thereon not less than ten percent on the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filing its articles of association as aforesaid, its corporate existence and powers shall cease; provided, that if a portion of its road shall be finished and in operation, it shall continue its corporate existence, with power to hold and manage the portion of its road so constructed, and for no other purpose.

(RSMo 1939 § 5248) Prior revisions: 1929 § 4810; 1919 § 9999; 1909 § 3212
Mo. Rev. Stat. § 620.1240 — MO Code / Chapter 620 / Section 620.1240
620.1240 Administration by director, rulemaking authority.
Status: in_force

620.1240. Administration by director, rulemaking authority. — The director of the department of economic development shall administer sections 620.1210 to 620.1240 . The director may issue such orders and promulgate such administrative rules that, in the opinion of the director, are necessary to execute and enforce the purposes of sections 620.1210 to 620.1240 . No rule or portion of a rule promulgated pursuant to the authority of sections 620.1210 to 620.1240 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536 .

(L. 1996 H.B. 1237 § 6)
Mo. Rev. Stat. § 243.520 — MO Code / Chapter 243 / Section 243.520
243.520 Appeals — procedure.
Status: in_force

243.520. Appeals — procedure. — The clerk of the circuit court shall docket any appeal, styling the appellant the plaintiff and the drainage district the defendant, and the cause shall stand for trial and be tried as other appeal cases are tried in the circuit court. After the trial and judgment in the circuit court, the clerk of that court shall retain the transcript of the proceedings in the county commission and retransmit to the county clerk all of the original papers filed in his office by the county clerk, together with a transcript of the proceedings had in the circuit court, including a certified copy of the finding or verdict and the judgment of the said court; the clerk of the circuit court shall also certify an itemized statement of the cost accruing on the appeal, and such costs shall be paid as provided in this chapter. After a transcript of the proceedings had in the circuit court is filed in the office of the county clerk, the county commission shall cause such entries to be made on its record as may be necessary to give effect to the judgment of the circuit court.

(RSMo 1939 § 12410) Prior revisions: 1929 § 10821; 1919 § 4489; 1909 § 5593
Mo. Rev. Stat. § 475.450 — MO Code / Chapter 475 / Section 475.450
475.450 Purchase of home for ward.
Status: in_force

475.450. Purchase of home for ward. — 1. The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his wife and minor children, or a parent if wholly dependent upon him for his or her support. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

2. Before authorizing such purchase the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.

(L. 1947 V. I p. 4 § 15)
Mo. Rev. Stat. § 441.010 — MO Code / Chapter 441 / Section 441.010
441.010 Covenant or contract of tenant to repair — effect of.
Status: in_force

441.010. Covenant or contract of tenant to repair — effect of. — No covenant or contract to repair shall impose upon a tenant the obligation to rebuild or repair any building destroyed by fire without the procurement, connivance or neglect of such tenant, his agents or servants, during the continuance of the term for which such building was leased or let, unless such tenant shall specially covenant or contract to rebuild or repair, in case of the destruction or damage of such building by fire; and no action, suit or process shall be maintained or prosecuted against any tenant or other person, in whose house or apartment any fire shall accidentally begin or take place; nor shall any recompense be made by such person for any damage occasioned thereby, any law, custom or usage to the contrary notwithstanding.

(RSMo 1939 § 3014) Prior revisions: 1929 § 2627; 1919 § 6921; 1909 § 7924
Mo. Rev. Stat. § 237.070 — MO Code / Chapter 237 / Section 237.070
237.070 Continuation of licenses.
Status: in_force

237.070. Continuation of licenses. — Such licenses shall continue until the end of the next term of the county commission; and the tax shall be assessed in proportion to the time for which the license is granted, and in all other respects the clerk and collector shall proceed as upon license granted by the commission.

(RSMo 1939 § 15293) Prior revisions: 1929 § 14205; 1919 § 5539; 1909 § 6482
Mo. Rev. Stat. § 215.170 — MO Code / Chapter 215 / Section 215.170
215.170 Default, trustee appointed when, powers of trustee.
Status: in_force

215.170. Default, trustee appointed when, powers of trustee. — 1. If the commission defaults in the payment of principal or interest on any issue of notes or bonds after the same shall become due, whether at maturity or upon call for redemption, and such default continues for a period of thirty days or if the commission fails or refuses to comply with the provisions of sections 215.010 to 215.250 , or defaults in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five percent in aggregate principal amount of the notes or bonds of such issue then outstanding may appoint a trustee to represent the holders of such notes or bonds for the purposes set forth in this section and sections 215.180 and 215.190 .

2. The trustee appointed pursuant to subsection 1 may, and upon written request of the holders of twenty-five percent in principal amount of such notes or bonds then outstanding shall, in his own name:

(1) Enforce all rights of the noteholders or bondholders including the right to require the commission to collect fees and charges and interest and amortization payments on mortgage loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments of such mortgages and other properties, and to require the commission to carry out any other agreements with the holders of such notes or bonds and to perform its duties under sections 215.010 to 215.250 ;

(2) Bring suit upon such notes or bonds;

(3) Require the commission to account as if it were the trustee of an express trust for the holders of such notes or bonds;

(4) Enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds; or

(5) Declare all such notes or bonds due and payable; and if all defaults shall be made good, then, with the consent of the holders of twenty-five percent of the principal amount of such notes or bonds then outstanding, to annul such declaration and its consequences.

3. In addition to the powers granted in subsections 1 and 2 the trustee shall have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders and noteholders in the enforcement and protection of their rights.

(L. 1969 H.B. 130 §§ 25, 26, 27)
Mo. Rev. Stat. § 2.050 — MO Code / Chapter 2 / Section 2.050
2.050 Distribution of session laws.
Status: in_force

2.050. Distribution of session laws. — The complete printed copies of laws, resolutions, constitutional amendments and measures when printed and bound shall be delivered to the revisor of statutes who shall distribute one copy without cost to each member of the general assembly and one copy each, without cost, to every county circuit clerk, circuit judge, associate circuit judge, prosecuting attorney, and sheriff. One copy each, without cost, shall be delivered to other officers, institutions and agencies who are entitled to copies of the Revised Statutes of Missouri under section 3.130 , if requested.

(RSMo 1939 §§ 667, 669, A.L. 1945 p. 1112; RSMo 1939 § 2076; A. 1949 S.B. 1002, A.L. 1957 p. 587, A.L. 1997 S.B. 459, A.L. 2004 S.B. 1211) Prior revisions: 1929 §§ 667, 669, 1912; 1919 §§ 7070, 7072, 2416; 1909 §§ 8069, 8071, 3934 CROSS REFERENCE: Laws and court reports destroyed by fire, replacement by secretary of state, 477.390
Mo. Rev. Stat. § 492.080 — MO Code / Chapter 492 / Section 492.080
492.080 Depositions may be obtained conditionally.
Status: in_force

492.080. Depositions may be obtained conditionally. — Any party to a suit pending in any court in this state may obtain the deposition of any witness, to be used in such suit, conditionally.

(RSMo 1939 § 1917) Prior revisions: 1929 § 1753; 1919 § 5440; 1909 § 6384 CROSS REFERENCES: Criminal case--defendant may take and use depositions, when, 545.380, 545.400 Felony cases, state may take depositions, when, Const. Art. I § 18(b) Public service commission, depositions in proceedings before, 386.420 Referees, depositions may be used in proceedings before, 515.160 Survey corners, deposition in proceedings to establish by testimony, 446.090 Unlawful detainer actions, depositions taken and used, 534.180, 534.190 (1955) Where witness was old, sick and feeble and evidence indicated the taking of his oral testimony might endanger his life, court and special commissioner had discretion to deny the right to take his oral testimony by deposition. State ex rel. Nichols v. Killoren (A.), 285 S.W.2d 38.
Mo. Rev. Stat. § 351.365 — MO Code / Chapter 351 / Section 351.365
351.365 Removal of officer or agent, when.
Status: in_force

351.365. Removal of officer or agent, when. — Any officer or agent elected or appointed by the board of directors may be removed by the board of directors whenever in its judgment the best interests of the corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed.

(L. 1943 p. 410 § 47)