reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.090 - Campground curfew, alcohol and tobacco use, and pet policies to be posted in high traffic area — owner may eject persons, when — person guilty of trespass, when — refund, when — inapplicability to state parks.

Title XXVI TRADE AND COMMERCE
Chapter 419
Effective - 28 Aug 2014
419.090. Campground curfew, alcohol and tobacco use, and pet policies to be posted in high traffic area — owner may eject persons, when — person guilty of trespass, when — refund, when — inapplicability to state parks. —
1. For purposes of this section, the following terms shall mean:
(1)
"Campground"
, any parcel or tract of land, including buildings and other structures, where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel, or seasonal use. The term "campground" shall also include recreational vehicle parks;
(2)
"Campground owner"
, the owner or operator of a campground or an agent of such owner or operator.
2. A campground owner shall post in a high traffic area on the campground or distribute to registered guests or visitors of the campground a written policy on campground curfew, alcohol use, tobacco use, and pet policy.
3. A campground owner may eject a person from the campground and notify the appropriate local law enforcement authorities of any person who:
(1) Is not a registered guest or visitor of the campground;
(2) Remains on the campground beyond an agreed-upon departure time and date;
(3) Defaults in the payment of any lawfully imposed registration or visitor fee or charge;
(4) Creates a disturbance that denies other persons their right to quiet enjoyment of the campground necessary for the preservation of public peace, health, and safety; or
(5) Violates any federal, state, or local law.
4. A person who remains on a campground after having been asked to leave by a campground owner for violating any of the provisions of subsection 3 of this section shall be guilty of trespass in the first degree under section 569.140 and subject to the penalties therein and may be removed summarily by the campground owner or a law enforcement officer.
5. A person who is removed from a campground under subsection 4 of this section shall be entitled to a refund of the unused portion of any prepaid fees, less any amount otherwise owed to the campground owner or deducted for damages, which unused portion of prepaid fees may be prorated at a rate that is based upon the daily rate charged by the campground owner.
6. The provisions of this section shall not apply to any Missouri state park.
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(L. 2014 S.B. 735)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.005 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 2001
421.005. Definitions. —
For purposes of sections 421.005 to 421.038, the following terms mean:
(1)
"Bedding"
, any mattress, box springs, foundation or studio couch made, in whole or part of, new or secondhand fabric, filling materials, or other materials, which can be used for sleeping or reclining purposes. The term "bedding" does not include any component from which bedding is made;
(2)
"Department"
, the department of health and senior services;
(3)
"Director"
, director of the department of health and senior services;
(4)
"Manufacture"
, the making of bedding out of new material;
(5)
"New material"
, any fabric, filling material, other material or article of bedding that has not been previously used for any purpose, including by-products of any textile or manufacturing process that are free from dirt, insects and other contamination;
(6)
"Person"
, an individual, sole proprietorship, partnership, limited liability company, corporation, joint venture, association, trust and any other entity and the agents, servants and employees of any of them;
(7)
"Renovator"
, a person that repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans or renews bedding;
(8)
"Sanitizer"
, a person that sanitizes, germicidally treats or cleans, but does not otherwise alter, any fabric, filling material, other materials, or article of bedding for use in manufacturing or renovating bedding;
(9)
"Secondhand material"
, any fabric, filling material, other material, or article of bedding that has been previously used for any purpose or is derived from postconsumer or industrial waste and that may be used in place of new material in manufacturing or renovating bedding;
(10)
"Seller"
, includes a person that offers or exposes for sale, barters, trades, delivers, consigns, leases, possesses with intent to sell, or disposes of bedding in any commercial manner at the wholesale, retail or other level of trade.
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(L. 1999 H.B. 316, et al. § 5, A.L. 2001 S.B. 110)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.007 - Bedding labels, content — removal of label prohibited — false or misleading labeling prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 2001
421.007. Bedding labels, content — removal of label prohibited — false or misleading labeling prohibited. —
1. All bedding manufactured, renovated, sanitized or sold within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials, or is made in whole or in part from secondhand materials. The label on bedding made from all new materials shall be white in color and shall state "ALL NEW MATERIAL" and the label on bedding made in whole, or in part, from secondhand materials shall be yellow in color and shall state "SECONDHAND MATERIALS". Such labels shall also comply with rules issued by the department regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors.
2. A person may not remove, deface or alter in whole, or part, a label or any statement on a label to defeat the provisions of sections 421.005 to 421.038.
3. Labels required by sections 421.005 to 421.038 shall be permanently affixed.
4. No person may make a false or misleading statement on any label required pursuant to sections 421.005 to 421.038.
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(L. 1999 H.B. 316, et al. § 6, A.L. 2001 S.B. 110)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.011 - Form and size of bedding labels, approved by director — labeling requirements.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 2001
421.011. Form and size of bedding labels, approved by director — labeling requirements. —
1. The director of the department of health and senior services shall approve the form and size of labels, the fabric of which the labels are made and the wording and statements on such labels, provided for in sections 421.005 to 421.038.
2. Labels required pursuant to sections 421.005 to 421.038 shall be securely attached to the article of bedding or such filling material at the site of the manufacturer, in a conspicuous place where the label can be easily examined.
3. Labels required by sections 421.005 to 421.038 shall have printing only on one side. No advertising matter may be placed on any label or any other printed matter not required by the provisions of sections 421.005 to 421.038.
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(L. 1999 H.B. 316, et al. § 7, A.L. 2001 S.B. 110)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.014 - Filling materials, contents, uses and percentages to be included in the label — computation of percentage.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 1999
421.014. Filling materials, contents, uses and percentages to be included in the label — computation of percentage. —
The contents and uses and percentage of filling materials used in articles of bedding and in bulk form which is either concealed or not concealed shall be stated on the label. Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first.
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(L. 1999 H.B. 316, et al. § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.017 - Label statements and headings.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 1999
421.017. Label statements and headings. —
The following statements and headings shall be shown on labels:
(1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label;
(2) Headings shall read "All New Material" when the material is wholly new; "Secondhand Material" when the material, in whole or in part, has been used for another purpose before being incorporated into the article or material;
(3) Description of filling material as provided in the applicable regulations;
(4) The registry number assigned or approved by the department of health and senior services;
(5) Certification is made by the manufacturer that the materials in this article are described in accordance with law;
(6) For renovated articles, the name and address of the owner;
(7) The finished size of articles of bedding such as sleeping bags, mattresses, comforters, mattress pads, pads, box springs, pillows and similar articles, showing the width and length expressed in inches. Decorator pillows need not show size.
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(L. 1999 H.B. 316, et al. § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.022 - Bedding material grades, specifications and tolerances established by department of health and senior services — rulemaking authority.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 2001
421.022. Bedding material grades, specifications and tolerances established by department of health and senior services — rulemaking authority. —
The department of health and senior services may establish grades, specifications and tolerances for the kinds and qualities of materials which are used or intended to be used in the manufacture, repair or renovation of used bedding or used filling materials and may approve or adopt designations and rules which are not in conflict with any provisions of sections 421.005 to 421.038, for the labeling of articles filled, with such materials.
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(L. 1999 H.B. 316, et al. § 10, A.L. 2001 S.B. 110)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.025 - Resale of bedding, previously used material label required.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 1999
421.025. Resale of bedding, previously used material label required. —
The repairer or renovator of any bedding which is subsequently sold shall affix the previously used material label, which shall be attached to the article before delivery to the owner.
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(L. 1999 H.B. 316, et al. § 11)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.031 - Random testing and inspection permitted, when — penalties for violations — temporary restraining order issued, when — penalty for mislabeling.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 2001
421.031. Random testing and inspection permitted, when — penalties for violations — temporary restraining order issued, when — penalty for mislabeling. —
1. The department may, at its discretion, randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator or sanitizer for the purpose of determining whether such person complies with the provisions of sections 421.005 to 421.038 and the department's rules adopted pursuant to sections 421.005 to 421.038.
2. If the department finds probable cause to believe that an article of bedding violates any provisions of sections 421.005 to 421.038, it may, as appropriate under the circumstances, embargo, remove, recall, condemn, destroy or otherwise dispose of bedding found to violate any provisions of sections 421.005 to 421.038.
3. The department may deny, suspend or revoke an initial or renewal permit of any person that violates any provision of sections 421.005 to 421.038. Each day of a continuing violation constitutes a separate violation. Any person who violates any provision of sections 421.005 to 421.038 is guilty of a class A misdemeanor. The court may order restitution in addition to any other penalty provided in sections 421.005 to 421.038.
4. The department may petition for a temporary restraining order to restrain a continuing violation of sections 421.005 to 421.038 or a threat of a continuing violation of sections 421.005 to 421.038, provided such violation or threatened violation creates an immediate threat to the public's health and safety.
5. A manufacturer, renovator or seller that knowingly attaches to bedding, or sells bedding bearing, a label stating that the product is made from all new materials, and has actual knowledge or reason to believe or suspect that such bedding is made in whole, or in part, from secondhand materials is guilty of a class A misdemeanor. Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.
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(L. 1999 H.B. 316, et al. § 13, A.L. 2001 S.B. 110)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.034 - Rulemaking authority.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 2001
421.034. Rulemaking authority. —
1. The department may adopt all rules necessary to implement sections 421.005 to 421.038, including rules regarding:
(1) Mandatory label dimensions, format, informational content, including the name, address and permit number of the manufacturer, renovator or sanitizer, working, letter size, material, placement and affixing specifications and other relevant requirements;
(2) The procedures and requirements for the application, issuance, renewal, denial, suspension and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers and sellers;
(3) Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension or revocation; and
(4) Any other substantive, interpretative or procedural rules necessary to implement sections 421.005 to 421.038.
2. In setting standards and procedures pursuant to sections 421.005 to 421.038, including those to protect the public's health and safety, the department may issue rules incorporating by reference uniform standards, norms or testing procedures that are issued, promulgated or accepted by recognized government, public or industry organizations.
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(L. 1999 H.B. 316, et al. § 14, A.L. 2001 S.B. 110)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 421 - Mattresses › Section 421.038 - Use of secondhand materials, restrictions — label contents.

Title XXVI TRADE AND COMMERCE
Chapter 421
• Effective - 28 Aug 1999
421.038. Use of secondhand materials, restrictions — label contents. —
1. Bedding may not be manufactured in whole, or in part, from any secondhand material unless such material has been sanitized, germicidally treated or cleaned by a method approved by the department.
2. All bedding containing material that is sanitized, germicidally treated or cleaned in accordance with subsection 1 of this section shall bear a clear and conspicuous label that states:
"THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS WHICH HAVE BEEN CLEANED AND SANITIZED IN A REASONABLE MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION."
­­In addition, such label shall state:
(1) The specific methods of sanitizing, germicidal treatment or cleaning applied;
(2) The date on which the article was sanitized, treated or cleaned;
(3) The name, address and permit number of the person applying the sanitizing, treatment or cleaning; and
(4) Specifically which materials or articles have been sanitized, treated or cleaned.
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(L. 1999 H.B. 316, et al. § 15)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.010 - Definitions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
• Effective - 28 Aug 2011, 2 histories
425.010. Definitions. —
As used in sections 425.010 to 425.043, the following terms mean:
(1)
"Debt adjuster"
, a person who provides or offers to provide debt relief services for a consideration;
(2)
"Debt management plan"
or
"DMP"
, a written agreement or contract between a debt adjuster and a debtor whereby the debt adjuster, in return for payment by the debtor of no more than reasonable consideration, will provide debt relief services that contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency;
(3)
"Debtor"
, an individual or individuals jointly and severally or jointly or severally indebted;
(4)
"Debt relief services"
, any program or service represented, directly or by implication, to renegotiate, settle, or in any way alter the terms of payment or other terms of the debt between a debtor and one or more unsecured creditors or debt collectors, including, but not limited to, a reduction in the balance, interest rate, or fees owed by a person to an unsecured creditor or debt collector;
(5)
"Debt settlement plan"
or
"DSP"
, a written agreement or contract between a debt adjuster and a debtor whereby the debt adjuster, in return for payment by the debtor of consideration, will provide debt relief services that contemplate that creditors will settle debts for less than the principal amount of the debt;
(6)
"Reasonable consideration"
, a fee to cover the cost of administering a debt management plan, not to exceed:
(a) Fifty dollars for an initial or set-up fee or charge for establishing a DMP; and
(b) The greater of thirty-five dollars per month or eight percent of the amount distributed monthly to creditors under such DMP.
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(L. 1963 p. 646 § 1, A.L. 2007 H.B. 329, A.L. 2011 H.B. 661)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.020 - Debt adjusting — penalty.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
• Effective - 28 Aug 2011, 2 histories
425.020. Debt adjusting — penalty. —
Any person who acts or offers to act as a debt adjuster in this state other than under a debt management plan or debt settlement plan is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
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(L. 1963 p. 646 § 1, A.L. 2007 H.B. 329, A.L. 2011 H.B. 661)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.025 - Debt management plan or debt settlement plan may be administered free of charge.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
• Effective - 28 Aug 2011, 2 histories
425.025. Debt management plan or debt settlement plan may be administered free of charge. —
Nothing in sections 425.010 to 425.043 shall be construed to prevent any individual or organization from administering a debt management plan or debt settlement plan free of charge.
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(L. 2007 H.B. 329, A.L. 2011 H.B. 661)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.027 - Surety bond for debt adjusters required, amount.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
• Effective - 28 Aug 2011, 2 histories
425.027. Surety bond for debt adjusters required, amount. —
Each initial license application shall be accompanied by a surety bond in the principal sum in accordance with the following categories:
(1) Fifty thousand dollars if the applicant declares that the operation will handle no consumer monies; or
(2) One hundred thousand dollars otherwise.
­­The bond shall be for the benefit of any debtor who is damaged by the debt adjuster's breach of the debt management plan or debt settlement plan or the debt adjuster's failure to properly administer debtor funds collected or disbursed under the debt management plan or debt settlement plan. The director of the division of finance may investigate any debtor complaint and make claim on a bond for the benefit of a debtor or release the bond to a debtor to make a claim.
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(L. 2007 H.B. 329, A.L. 2011 H.B. 661)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.030 - Circuit court may enjoin, appoint receiver.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
• Effective - 28 Aug 1963
425.030. Circuit court may enjoin, appoint receiver. —
The circuit court shall have power, in an action brought in the name of the state by the attorney general, to enjoin any person from acting or offering to act as a debt adjuster; and, in the action, may appoint a receiver for the property and money employed in the transaction of business by the person as a debt adjuster, to insure, so far as may be possible, the return to debtors of so much of their money and property as has been received by the debt adjuster, and has not been paid to the creditors of the debtors.
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(L. 1963 p. 646 § 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.040 - Who not to be considered debt adjusters.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
• Effective - 28 Aug 2011
425.040. Who not to be considered debt adjusters. —
The following persons shall not be considered debt adjusters for the purposes of sections 425.010 to 425.043:
(1) Any attorney at law of this state;
(2) Any person who is a regular, full-time employee of a debtor, and who acts as an adjuster of his employer's debts;
(3) Any person acting pursuant to any order or judgment of court, or pursuant to authority conferred by any law of this state or of the United States;
(4) Any person who is a creditor of the debtor, or an agent of one or more creditors of the debtor, and whose services in adjusting the debtor's debts are rendered without cost to the debtor; and
(5) Any person who, at the request of a debtor, arranges for or makes a loan to the debtor, and who, at the authorization of the debtor, acts as an adjuster of the debtor's debts in the disbursement of the proceeds of the loan, without compensation for the services rendered in providing debt relief services.
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(L. 1963 p. 646 § 1, A.L. 2011 H.B. 661)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 425 - Debt Adjusters and Collection Agencies › Section 425.300 - Real party in interest on assignment of claim for billing, collection, bringing suit, attorney required to appear in court — court may sever actions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 425
Effective - 28 Aug 1992
425.300. Real party in interest on assignment of claim for billing, collection, bringing suit, attorney required to appear in court — court may sever actions. —
Collection agencies may take assignment of claims in their own name as real parties in interest for the purpose of billing and collection and bringing suit in their own and the claimant's names thereon, provided that no suit authorized by this section may be instituted on behalf of a collection agency in any court unless the collection agency appears by a duly authorized and licensed attorney at law. Upon good cause being shown, a court may sever any actions brought under this section.
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(L. 1992 S.B. 688 § 5)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.010 - Voluntary assignment — execution of.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.010. Voluntary assignment — execution of. —
Every voluntary assignment of lands, tenements, goods, chattels, effects and credits made by a debtor to any person in trust for his creditors, shall be for the benefit of all the creditors of the assignor in proportion to their respective claims; and every provision in any assignment providing for the payment of one debt or liability in preference to another shall be void, and all debts and liabilities (including judgments entered by confession thirty days previous to such assignment) shall be paid pro rata from the assets thereof; and every such assignment shall be proved or acknowledged, and certified and recorded in the same manner as is prescribed by law in cases wherein real estate is conveyed.
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(RSMo 1939 § 5739)
Prior revisions: 1929 § 5629; 1919 § 623; 1909 § 896
(1960) The payment of the fee of an attorney employed by the assignor and subsequently by the assignee for the benefit of creditors held not violative of the anti reference statute of Missouri. Abrams v. United States, 274 F.2d 8.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.020 - Assignee to file inventory, when and where.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 02 Jan 1979, see footnote
426.020. Assignee to file inventory, when and where. —
It shall be the duty of the assignee, within fifteen days after the execution of the deed of assignment, to file in the office of the clerk of the circuit court of the county in which the assignor, or, if there be more than one, in which any one of them shall reside, unless longer time be allowed by the court for good cause shown, an inventory of the property, effects and things assigned.
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(RSMo 1939 § 5740, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5630; 1919 § 624; 1909 § 897
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.030 - Inventory to be sworn to.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.030. Inventory to be sworn to. —
The inventory shall be accompanied with an affidavit by the assignee, that the same is a full and complete inventory of all such property, effects and things, as far as the same have come to his knowledge.
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(RSMo 1939 § 5741)
Prior revisions: 1929 § 5631; 1919 § 625; 1909 § 898
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.040 - Appraisers, appointment of.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 02 Jan 1979, see footnote
426.040. Appraisers, appointment of. —
It shall be the duty of the circuit court in whose clerk's office such inventory may be filed to appoint two or more disinterested and competent persons to appraise the property, effects and things so inventoried; provided, that such appraisers may be appointed before the filing of the inventory and may accompany the assignee and make said appraisement at the time of the making of said inventory, and said inventory and appraisement may be made out upon one paper with the affidavits of the assignee and appraisers thereto attached.
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(RSMo 1939 § 5742, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5632; 1919 § 626; 1909 § 899
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.050 - Oath, filing and compensation of appraisers.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.050. Oath, filing and compensation of appraisers. —
The appraisers, or a majority of them, having first taken an oath or affirmation, before some person having authority to administer oaths, to discharge their duties with fidelity, shall forthwith proceed to make such appraisement. The appraisers shall file the appraisement and their oath of office, in the office of the clerk of the circuit court, within five days after they shall have completed the same. The appraisers shall each receive three dollars per day for their attendance.
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(RSMo 1939 § 5743)
Prior revisions: 1929 § 5633; 1919 §§ 627, 628, 629; 1909 §§ 900, 901, 902
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.060 - Additional property, duty of assignee.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.060. Additional property, duty of assignee. —
If, after making the first inventory, any other property, effects and things conveyed by the deed of assignment shall come to the possession or knowledge of the assignee, his duty in relation thereto, and the duty of the court or judge, and the appraisers, shall be the same as is required of them by this chapter.
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(RSMo 1939 § 5744)
Prior revisions: 1929 § 5634; 1919 § 630; 1909 § 903
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.070 - Assignor's list of property — filing of bond of assignee — additional bond.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.070. Assignor's list of property — filing of bond of assignee — additional bond. —
The assignor, his agent or attorney, at the time of the execution of the deed of assignment, shall make a statement, in writing, verified by affidavit, setting forth the general nature and full value of the estate and effects assigned, which statement shall be filed with the deed of assignment for record; and the assignee shall, within three days after the filing of such deed and statement, give bond with at least two good and sufficient securities, to be approved by the court or judge, or clerk thereof in vacation, in double the amount of the estate and effects assigned, and if the appraised value of such estate and effects, when appraised, shall be greater than the value given in such statement, or if the securities in such bond should in any way become impaired or insufficient, the assignee shall, at the time of filing the appraisement, give another bond with at least two good and sufficient securities, to be approved by the court or judge, or the clerk thereof in vacation, in double the amount of the appraised value of the estate and effects assigned.
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(RSMo 1939 § 5745)
Prior revisions: 1929 § 5635; 1919 § 631; 1909 § 904
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.080 - Bond, condition of.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.080. Bond, condition of. —
The bond shall be taken in the name of the state of Missouri, and the condition shall be as follows:
The condition of this obligation is such that if the above bound ______, assignee of ______, shall, in all things, discharge his duty as assignee of ______, aforesaid, and faithfully execute the trust confided to him, then the above obligation to be void; otherwise to remain in full force.
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(RSMo 1939 § 5746)
Prior revisions: 1929 § 5636; 1919 § 632; 1909 § 905
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.090 - Bond, where filed and recorded — approval.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 02 Jan 1979, see footnote
426.090. Bond, where filed and recorded — approval. —
The bond shall be filed in the office of the clerk of the court in which the inventory is filed, shall be approved by the court, or in the absence of the judge, by the clerk and shall be by the clerk recorded in a book for such purpose, to be kept in his office and labeled "assignments".
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(RSMo 1939 § 5747, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5637; 1919 § 633; 1909 § 906
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.100 - Bonds taken in absence of judge, approval or rejection.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 02 Jan 1979, see footnote
426.100. Bonds taken in absence of judge, approval or rejection. —
The circuit court shall approve or reject the bonds taken in the absence of the judge, and the clerk shall enter the approval or rejection on the record.
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(RSMo 1939 § 5748, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5638; 1919 § 634; 1909 § 907
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.110 - If rejected, court to order new bond — failure to give revokes authority.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.110. If rejected, court to order new bond — failure to give revokes authority. —
If the bond be rejected, the court shall order the assignee to give another bond, with sufficient security, to be approved by the court; and if he fail to give such bond within such time as the court shall direct, not exceeding thirty days, his authority further to act as assignee shall be deemed to be revoked.
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(RSMo 1939 § 5749)
Prior revisions: 1929 § 5639; 1919 § 635; 1909 § 908
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.120 - Rejected bond valid until new one given — new bond relates back.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.120. Rejected bond valid until new one given — new bond relates back. —
Such bond shall be valid until such new bond be given and approved, notwithstanding its rejection by the court, and such new bond, when approved, shall relate back, and be operative from the date of assignment.
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(RSMo 1939 § 5750)
Prior revisions: 1929 § 5640; 1919 § 636; 1909 § 909
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.130 - Suit on bond, by whom and when brought — damages.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.130. Suit on bond, by whom and when brought — damages. —
Any person injured by a breach of the condition of the bond may sue thereon in the name of the state to his use, and the damages shall be assessed as on bonds with collateral conditions.
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(RSMo 1939 § 5751)
Prior revisions: 1929 § 5641; 1919 § 637; 1909 § 910
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.140 - Assignee to exhibit accounts, when and how — failure — citation — dismissal.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 02 Jan 1979, see footnote
426.140. Assignee to exhibit accounts, when and how — failure — citation — dismissal. —
Every assignee shall exhibit, on oath, a statement of the accounts of the trust, with proper vouchers, to the circuit court within sixty days after the execution of the assignment, unless for good cause postponed, and shall file a like statement every ninety days thereafter until such assigned estate is fully settled; and if such assignee shall fail to make such settlement within such times, then on the application of any person interested, the court shall order a citation to issue to such assignee, requiring him to appear in court within a time to be therein named, and exhibit, on oath, a statement of his said accounts; and if said assignee shall neglect and fail to exhibit such accounts within the time named in said citation, the said court shall, on motion, unless for good cause shown, dismiss said assignee from his trust.
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(RSMo 1939 § 5752, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5642; 1919 § 638; 1909 § 911
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.150 - Notice of allowance of assignee's accounts by court, how given.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.150. Notice of allowance of assignee's accounts by court, how given. —
The court shall, by such order as the circumstances of the case may require, direct the clerk to give notice of the exhibition and filing of such accounts, for such time and in such public newspapers as it shall appoint, and that such accounts will be allowed by the court at a certain time to be stated in such notice, unless good cause to the contrary be shown.
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(RSMo 1939 § 5753)
Prior revisions: 1929 § 5643; 1919 § 639; 1909 § 912
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.160 - Expense of advertising.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.160. Expense of advertising. —
The expense of advertising shall be paid by the assignee, at the time of exhibiting his account, and shall be passed to his credit in such account.
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(RSMo 1939 § 5754)
Prior revisions: 1929 § 5644; 1919 § 640; 1909 § 913
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.170 - Demands against estates, how and when allowed.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.170. Demands against estates, how and when allowed. —
The assignee shall appoint a day, within three months after the date of the assignment, and a place, which shall be the county seat of the county where the inventory is filed, or such other place in said county most convenient to all the parties in interest, where any court of record may be lawfully held, when and where he will proceed publicly to adjust and allow demands against the estate and effects of the assignor.
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(RSMo 1939 § 5755)
Prior revisions: 1929 § 5645; 1919 § 641; 1909 § 914
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.180 - Notice, how given — creditor failing to present at proper time, precluded — exceptions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.180. Notice, how given — creditor failing to present at proper time, precluded — exceptions. —
The assignee shall give notice of the time and place of adjusting and allowing demands against the estate of his assignor, by advertisement published in some newspaper printed in the county, or, if there be none, in the one nearest the place where the inventory is filed, for four weeks successively, the last insertion to be at least one week before the appointed day; and also, whenever the residence of any of the creditors is known to him, by letter addressed to such creditors at their known or usual places of abode, at least four weeks before the appointed day. The assignee shall attend at the place designated in said notice in person, on said day, and shall remain in attendance at said place on said day, and during two consecutive days thereafter, and shall commence the adjustment and allowance of demands against the trust fund at nine o'clock a.m., and continue the same until five o'clock p.m., of each of said three days; and all creditors who, after being notified as aforesaid, shall not attend at the place designated during the said term, and lay before the assignee the nature and amount of their demands, shall be precluded from any benefit of said estate; but the hearing on any demand presented at the time may be continued, for good cause shown, to such time as is deemed right; provided, that any creditor who shall fail to lay his claim before said assignee during said term, on account of sickness, absence from the state, or any other good cause, may, at any time before the declaration of the final dividend, file and prove up his claim, and the same may be allowed, and the remaining dividends paid thereon, as in the case of other allowed claims.
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(RSMo 1939 § 5756)
Prior revisions: 1929 § 5646; 1919 § 642; 1909 § 915
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.190 - Assignee may administer oaths and examine witnesses.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.190. Assignee may administer oaths and examine witnesses. —
The assignee shall have power to administer all necessary oaths to debtors, creditors and witnesses; and may examine them on oath, touching any claim exhibited to him for allowance.
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(RSMo 1939 § 5757)
Prior revisions: 1929 § 5647; 1919 § 643; 1909 § 916
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.200 - Evidence to establish demand.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.200. Evidence to establish demand. —
The assignee shall require such evidence, and no other, of the justice of such demands, as is required to establish demands of a similar character in the circuit court in suits between the original parties to the contract.
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(RSMo 1939 § 5758)
Prior revisions: 1929 § 5648; 1919 § 644; 1909 § 917
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.210 - Decisions of assignee final, unless appeal asked for — appeal to circuit court.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
• Effective - 28 Aug 1939
426.210. Decisions of assignee final, unless appeal asked for — appeal to circuit court. —
The decision of the assignee in relation to all claims presented to him for allowance shall be final, unless a creditor or some other person interested shall, after a decision is made on any such claim, ask an appeal therefrom; and all appeals so asked shall be allowed by such assignee to the circuit court having jurisdiction of the matter of the assignment, and all appeals heretofore taken shall be transferred to and perfected in such circuit court.
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(RSMo 1939 § 5759)
Prior revisions: 1929 § 5649; 1919 § 645; 1909 § 918
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.220 - Appeals, how taken — affidavit and bond for.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
• Effective - 02 Jan 1979, see footnote
426.220. Appeals, how taken — affidavit and bond for. —
All appeals allowed by virtue of section 426.210 shall be taken and made by the appellant, or someone for him, making and filing an affidavit that the appeal is not taken for vexation or delay, but because affiant believes that appellant is prejudiced by the decision appealed from, and by giving bond to the state of Missouri in such sum as the assignee may require, and with such sureties as he may approve, conditioned that appellant will prosecute his appeal with due diligence, and pay all cost thereon awarded against appellant. If judgment for costs be rendered against appellant, it shall be against him and his sureties on the bond. In all other respects appeals shall be taken, certified and proceeded with in the same manner as applications for a trial de novo from judgments of associate circuit judges.
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(RSMo 1939 § 5760, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5650; 1919 § 646; 1909 § 919
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.230 - Proceedings in circuit court upon appeal.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 02 Jan 1979, see footnote
426.230. Proceedings in circuit court upon appeal. —
Upon such appeal being allowed and certified, as in section 426.220 is required, the court shall become possessed of the case, and shall proceed to hear and determine the same, in the same manner as if such case was pending before a circuit judge on an application for trial de novo from the judgment of an associate circuit judge; and appeals may be taken from the judgment of the court, in the same manner as appeals are now allowed by law from judgments of circuit judges in this state.
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(RSMo 1939 § 5761, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5651; 1919 § 647; 1909 § 920
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.240 - Judgment certified to assignee and claim allowed, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
Effective - 28 Aug 1939
426.240. Judgment certified to assignee and claim allowed, when. —
All judgments rendered in favor of any claimant in the circuit court by virtue of the provisions of this chapter, shall be certified by the clerk thereof to the assignee, who shall allow the same, and class it as if such judgment had been rendered by him on the original hearing thereof.
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(RSMo 1939 § 5762)
Prior revisions: 1929 § 5652; 1919 § 648; 1909 § 921
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.250 - Demand of assignee against assignor, how allowed.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
• Effective - 02 Jan 1979, see footnote
426.250. Demand of assignee against assignor, how allowed. —
If the assignee shall have a demand against the assignor, which he desires to have allowed, he may present a petition to the circuit court stating the particulars of his demand and the amount thereof, verified by affidavit, and thereupon such court shall appoint some suitable person to act temporarily as assignee of such estate, for the purpose of hearing and passing upon such demand. The assignee so appointed shall take an oath that he will faithfully discharge the trust confided to him, and shall proceed to examine the claim, and if the same shall be found to be correct, in whole or in part, he shall allow the amount found to be due, and report his action in premises to the proper court, at a date to be fixed by the judge; and the court shall make an order directing the sum allowed to be paid to the claimant as other allowances are paid, and appeals shall be allowed from the decision of such temporary assignee as in other cases provided for in this chapter.
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(RSMo 1939 § 5763; A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5653; 1919 § 649; 1909 § 922
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.260 - Assignee failing to file true inventory and give bond, court to issue citation.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
• Effective - 28 Aug 1939
426.260. Assignee failing to file true inventory and give bond, court to issue citation. —
Whenever it shall be made to appear to the court having jurisdiction that any assignee has neglected or refused, when required by law, to file a full and true inventory, or to give bond, as required by this chapter, the court shall issue a citation to such assignee to appear in court at the time therein specified, to show cause why he should not be dismissed from his trust.
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(RSMo 1939 § 5764)
Prior revisions: 1929 § 5654; 1919 § 650; 1909 § 923
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 426 - Assignment for Benefit of Creditors › Section 426.270 - On return of citation, court may order inventory and bond filed or dismiss assignee.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 426
• Effective - 28 Aug 1939
426.270. On return of citation, court may order inventory and bond filed or dismiss assignee. —
On the return of the citation, the court may require the assignee to file an inventory and to give bond, with good and sufficient security, in such time as it may deem reasonable, or may proceed at once to dismiss such assignee from his trust.
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(RSMo 1939 § 5765)
Prior revisions: 1929 § 5655; 1919 § 651; 1909 § 924