Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute | Chapter 47 Townships, Removal Of County Seats And Division Of Counties

USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 47 Townships, Removal of County Seats and Division of Counties

Each county commission may divide the county into convenient
townships, and as occasion may require erect new townships, subdivide
townships already established, organize better township lines, and may,
upon the petition in writing, of not less than twenty-five percent of the
legally qualified voters of each township affected, as such vote was cast
in the last preceding general election for the office receiving the
greatest number of votes in the township or townships affected,
consolidate two or more existing townships into one township, or
otherwise reduce the number of townships, or change the boundary lines
thereof, as may be deemed advisable. (RSMo 1939 § 13700)

Prior revisions: 1929 § 12041; 1919 § 13162; 1909 § 11650

CROSS REFERENCES: Township boundaries and new townships, how changed and
constituted, RSMo 65.530 Township organization, how adopted, RSMo 65.010
to 65.040

The commission shall, within thirty days after establishing any
township, transmit to the office of the secretary of state a description
of such township, containing the name and boundaries thereof, and shall
cause the clerk to enter such description of record. (RSMo 1939 § 13701)

Prior revisions: 1929 § 12042; 1919 § 13163; 1909 § 11651

Whenever one-fourth of the voters of any county shall petition
the county commission for a removal of the seat of justice of such county
to any other designated place, the commission shall make an order
directing that the question be submitted to the voters of the county at
the next municipal election. (RSMo 1939 § 13732, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 12073; 1919 § 9473; 1909 § 3694

If it shall appear by such election that two-thirds of the voters
of the county, voting on the question, are in favor of the removal of the
county seat of such county, then the county commission shall appoint five
county seat removal commissioners to select a site whereon to locate the
seat of justice. (RSMo 1939 § 13734, A.L. 1978 H.B. 971, A.L. 1986 H.B.
1554 Revision)

Prior revisions: 1929 § 12075; 1919 § 9475; 1909 § 3696

The county commission shall grant to each person so appointed a
certificate thereof, under the seal of the county commission, appoint a
time and place when and where the commissioners shall assemble, cause a
notice thereof to be served on each commissioner, and cause
advertisements to be put up by the sheriff in ten of the most public
places in the county, one month before such meeting, notifying the
inhabitants of the county of the time and purport of the meeting. (RSMo
1939 § 13735)

Prior revisions: 1929 § 12076; 1919 § 9476; 1909 § 3697

It shall be the duty of the commissioners to assemble
accordingly; and if a majority do not appear according to such notice,
those appearing shall publicly adjourn to some other day, and so on, as
often as may be necessary, until a majority shall assemble; but no such
adjournment shall be for a longer period than ten days at a time. (RSMo
1939 § 13736)

Prior revisions: 1929 § 12077; 1919 § 9477; 1909 § 3698

It shall be the duty of each commissioner, before entering upon
the duties herein assigned him, to take an oath that he will faithfully
perform the duties of commissioner, a certificate of which shall be
endorsed on the paper evidencing his appointment. (RSMo 1939 § 13737)

Prior revisions: 1929 § 12078; 1919 § 9478; 1909 § 3699

When the commissioners, or a majority of them, shall have been
duly qualified, they shall select the most suitable place in said county,
within one mile of the place designated in the petition, whereon to erect
the public buildings. (RSMo 1939 § 13738)

Prior revisions: 1929 § 12079; 1919 § 9479; 1909 § 3700

The commissioners, or a majority of them, may purchase not less
than fifty nor more than one hundred and sixty acres of land, and may
receive as a donation such parcels of land or town lots, including the
place selected as a seat of justice for said county, as they shall judge
most expedient. (RSMo 1939 § 13739)

Prior revisions: 1929 § 12080; 1919 § 9480; 1909 § 3701

If the commissioners shall, in any case, select a place already
laid out into town lots, they may accept a donation, in money or public
buildings, in lieu of land or town lots. (RSMo 1939 § 13744)

Prior revisions: 1929 § 12085; 1919 § 9485; 1909 § 3706

The vendor or donor shall execute and deliver to the
commissioners a good and sufficient deed or deeds conveying to the county
the land or lands so sold or given, in fee simple, without reservation or
condition, and shall also deliver an abstract of the title papers, deeds,
conveyances and assurances, by or through which the title thereto is
derived. (RSMo 1939 § 13740)

Prior revisions: 1929 § 12081; 1919 § 9481; 1909 § 3702

The commissioners shall make report of their proceedings,
accompanied by the deed, abstract and evidence of title to said land, to
the circuit court, at the next term thereof; if the judge approve the
same, he shall certify the decision of the court therein to the county
commission; and if said court shall believe that the commissioners have
selected the most suitable place for the erection of the public
buildings, then the place so selected shall be the permanent seat of
justice of the county, and the title to the land conveyed for that
purpose shall be vested in the county. (RSMo 1939 § 13741)

Prior revisions: 1929 § 12082; 1919 § 9482; 1909 § 3703

If the land or any part thereof was purchased, the county
commission shall make an order that the consideration money be paid out
of the first proceeds of the sale of the lots to be laid out on such
lands, and the clerk shall grant to the vendor a certificate accordingly.
(RSMo 1939 § 13742)

Prior revisions: 1929 § 12083; 1919 § 9483; 1909 § 3704

If the title to such lands be not approved by the circuit court,
the deed shall be of no effect, and shall be returned, together with the
title papers, to the donor or vendor, and the commissioners shall proceed
to make some other selection within the designated limits, proceeding in
all things as herein provided, except that no notice shall be required of
their meeting for that purpose. (RSMo 1939 § 13743)

Prior revisions: 1929 § 12084; 1919 § 9484; 1909 § 3705

If any of the commissioners die, resign, refuse or neglect to
act, the county commission may appoint others in their stead, who shall
take the same oath, possess the same powers and perform the like duties
as if originally appointed. (RSMo 1939 § 13745)

Prior revisions: 1929 § 12086; 1919 § 9486; 1909 § 3707

Each commissioner shall be entitled to receive three dollars for
each day he shall be employed in discharging any of the duties enjoined
by this chapter. (RSMo 1939 § 13746)

Prior revisions: 1929 § 12087; 1919 § 9487; 1909 § 3708

Whenever any seat of justice shall be removed, the county
commission shall appoint a commissioner thereof, who, before entering
upon the duties of his office, shall take an oath that he will faithfully
demean himself in the office of commissioner, and render a true and just
account of his proceedings, according to law, and he shall enter into
bond to the state of Missouri, for the use of such county, in such sum
and with such sureties as such tribunal shall approve, conditioned that
he will faithfully demean himself in office, account for and pay over and
deliver all moneys, bonds, notes, security or property that may come to
his hands, possession or power, in virtue of his office, and will perform
all the duties which may be enjoined on him by law as such commissioner.
(RSMo 1939 §§ 13679, 13747, A. 1949 H.B. 2005)

Prior revisions: 1929 § 12020, 12088; 1919 §§ 9422, 9488; 1909 §§ 3639,
3709

Such bond shall be deposited with the clerk of the county
commission of such county, and shall be by him recorded; and such record,
or a copy thereof, certified under the seal of such tribunal, shall be
evidence in any court of this state, with the same effect as the
original. (RSMo 1939 § 13680)

Prior revisions: 1929 § 12021; 1919 § 9423; 1909 § 3640

If no town shall have been laid off at the place selected as the
permanent county seat, the county commission shall order the same, or so
much thereof as it shall deem expedient, to be laid off; or if such
tribunal shall deem it expedient to lay off additional lots where a town
shall have previously been laid off, it may order the same to be done,
and in either case the commissioner of such county seat shall proceed to
lay off such land, or so much thereof as such county commission shall
direct, into lots, squares, avenues, streets, lanes and alleys, in such
manner and under such regulations as such county commission shall
prescribe, and make report thereof to such county commission, with a plat
of the town, or part of a town, so laid off, which, if approved by such
county commission, shall be deposited in the office of the recorder of
the county, and by him carefully preserved and recorded. (RSMo 1939 §
13681)

Prior revisions: 1929 § 12022; 1919 § 9424; 1909 § 3641

The county commission shall reserve from sale lots and squares of
ground, wherever it may be necessary to erect county buildings, and
shall, from time to time, order the sale of the residue, prescribing the
terms of such sale, and the commissioner shall make such sales
accordingly; and when the purchase money shall be paid in full, the
commissioner shall execute a deed to the purchaser, as commissioner, for
and on behalf of the county, conveying to the purchaser all the right,
title and interest of the county to the premises so conveyed, and such
deed shall be acknowledged and recorded as other deeds. (RSMo 1939 §
13682)

Prior revisions: 1929 § 12023; 1919 § 9425; 1909 § 3642

When any credit shall be given upon the sale of any lot for any
part of the purchase money, the purchaser shall give his note or bond
with sufficient sureties to the commissioner, for the use of the county,
to secure the payment of each installment; and the commissioner shall
deliver to the purchaser a certificate describing the lots sold, the
price, the amount paid, if any, the balance to be paid, when due and how
secured. (RSMo 1939 § 13683)

Prior revisions: 1929 § 12024; 1919 § 9426; 1909 § 3643

When any payment shall be made, the commissioner shall endorse
the receipt on such certificate, if required, and give credit for such
amount on the bond or note, and when full payment shall be made of the
purchase money, the purchaser shall deliver up the certificate of
purchase, and the commissioner shall make to him a deed in the manner
prescribed in section 47.200. (RSMo 1939 § 13684)

Prior revisions: 1929 § 12025; 1919 § 9427; 1909 § 3644

If default be made in the payment of the purchase money of any
lot, or any part thereof, according to the terms of sale, or the tenor
and effect of any bond or note given to secure the same, such lot shall
be forfeited to the use of the county, and the commissioner shall resell
the same, for ready money, at public auction, to the highest bidder, at
the place of holding courts for such county for the time being, on some
day during the sitting of the county commission, giving ten days'
previous notice of the time and place of sale, and the property to be
sold, by advertisements put up at four of the most public places in the
county; and on receiving the purchase money, the commissioner shall make
a deed to the purchaser, in the manner and with like effect as in cases
of other sales under this chapter, and the purchase money shall be
accounted for as other moneys received by the commissioner, and the
amount thereof, after paying the expenses of the sale, shall be credited
upon the bonds or notes of such delinquent purchaser; and if it be
sufficient to pay the whole, such bonds or notes shall be canceled but no
part shall be paid to such purchaser, although there may be more than
sufficient to pay the debt due by him; and if the proceeds of such sale
shall not be sufficient to satisfy the whole of the debt due by such
purchaser, the commissioner shall proceed to enforce the payment of the
residue by suit. (RSMo 1939 § 13685)

Prior revisions: 1929 § 12026; 1919 § 9428; 1909 § 3645

The prosecuting attorneys, respectively, shall commence and
prosecute all such actions within their respective counties. (RSMo 1939 §
13686)

Prior revisions: 1929 § 12027; 1919 § 9429; 1909 § 3646

The holder of any certificate of sale of any such forfeited lot
may redeem the lot at any time before the sale by paying the commissioner
the whole amount then due, with interest, together with the expense of
advertising, and compensation of the commissioner, as herein provided; in
which case such lot shall not be sold, but the proceedings shall be in
all things as if no such delinquency had occurred. (RSMo 1939 § 13687)

Prior revisions: 1929 § 12028; 1919 § 9430; 1909 § 3647

The commissioner of any county seat shall keep regular and
systematic accounts of all sales by him made, showing the lots sold, the
names of purchasers, the amount paid, the balance to be paid, at what
time and how secured, and the expenses by him incurred. He shall make
settlement with the county commission at each regular term thereof, and
pay the balance that may be found against him into the county treasury;
and when all the sales ordered by such county commission shall be
completed, and payments made, and deeds executed for all the lots sold,
or in case of the resignation or removal from office of such
commissioner, he, or in case of the death of such commissioner, his
executors or administrators, shall, at the first term after such sales
shall be completed and payments made, or after such resignation, removal
or death, settle with such county commission, and pay or deliver over,
according to its order, all moneys, books, papers, notes, bonds or other
securities belonging to such county. (RSMo 1939 § 13688)

Prior revisions: 1929 § 12029; 1919 § 9431; 1909 § 3648

The money arising from the sales of lots, after paying all the
expenses accruing in the selection of the county seat, in laying out the
town and selling lots, shall be applied, first, to paying for the land
purchased, if any, and the residue shall be set apart as a specific fund
for the purpose of erecting county buildings, and shall be applied to no
other purpose, until all the county buildings required by law to be
erected, shall be fully completed and paid for. (RSMo 1939 § 13689)

Prior revisions: 1929 § 12030; 1919 § 9432; 1909 § 3649

The county commission of each county in which a commissioner of
county seat shall be appointed shall have a superintending control over
such commissioner, and may make such orders, from time to time, in
relation to the duties of his office, as to it shall seem expedient, and
may enforce obedience thereto by attachment; and in case of any willful
disobedience of such order or other willful neglect or misconduct of such
commissioner, may remove him from office; and in case of the death,
resignation or removal from office of any such commissioner, such county
commission shall supply such vacancy by appointing another, who shall
take the like oath, give like bond, perform the like duties and be
subject to the like proceedings against him as his predecessor; and such
county commission may compel the commissioner so resigning or removed, or
in case of his death, his executor or administrator, to make settlement
of his accounts, and pay and deliver over to such successor, or county
treasurer, as the case may require, all moneys, books, papers, notes,
bonds and other securities received by such commissioner, by virtue of
his office. (RSMo 1939 § 13690)

Prior revisions: 1929 § 12031; 1919 § 9433; 1909 § 3650

The commissioner of the county seat shall receive for his
services such compensation for laying out lots as such county commission
shall deem just and reasonable, and a commission of four percent upon all
moneys accruing from the sale of lots, and by him paid into the county
treasury, to be paid out of the county treasury. (RSMo 1939 § 13691, A.
1949 H.B. 2005)

Prior revisions: 1929 § 12032; 1919 § 9434; 1909 § 365l

As soon as convenient buildings for the holding of courts,
together with a good and sufficient jail, can be had at such new seat of
justice, the county commission shall notify the judges of the several
courts holden in the county, at the next term thereof, who shall cause
the sheriff to make proclamation at the courthouse door, in term time,
that such court will thereafter be held at the place so selected. (RSMo
1939 § 13748)

Prior revisions: 1929 § 12089; 1919 § 9489; 1909 § 3710

1. The question of dividing any county or of striking from any
county any portion thereof, whether for the purpose of forming a new
county or of adding to any other county, or of adding thereto any portion
of any other county, may, by the order of the county commission of any
county to be affected, made on the petition therefor of not less than one
hundred voters of such county, duly entered of record, and setting out
fully the proposed change, the reason and object thereof, and the
boundaries of such county if the change were made, be submitted to a vote
of the people of the county, being the voters thereof, at the next
general election after the making of such order.

2. The question shall be submitted in substantially the following form:

Shall the proposed change in the ...... county boundary be made?

3. If the result shows a majority of the voters of the county voting on
the question to have voted for the proposed change, the county clerk
shall, at the time of certifying such returns to the secretary of state,
also certify to that officer two copies of said order of the county
commission, and of said publication, and of the affidavit of the
publisher, one copy to be retained on file in said secretary's office,
and one copy, with a certified statement of the vote on such question, to
be by him transmitted to the senate or house of representatives during
the first ten days of the first session of the general assembly after the
receipt thereof, and thereupon the general assembly may take such action
in the premises, subject to the provisions of the constitution, as may
seem best. No submission of the question authorized under the provisions
of this section shall be held upon substantially the same question more
often than once in five years. (RSMo 1939 § 13699, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 12040; 1919 § 9442; 1909 § 3663

Whenever any new county is formed from territory taken from one
or more older counties, or whenever any territory is taken from one
county and attached to another, the new county so formed, or the
territory so stricken off, shall be liable for its part of all the
indebtedness or liabilities of the older county from which the same was
detached, unless where, by contract between such new and old county, it
is otherwise provided, and shall cause the same to be levied and
collected as other taxes, and paid into the county treasury; and the
county clerk of such county shall draw his warrant on the treasurer of
his own county in favor of the treasurer of the old county from which the
territory was taken for the amount so collected and paid in; and if any
such detached territory shall fail to make provisions for paying the
same, the county commission of the old county from which the same was
taken shall cause the same to be levied and collected from the territory
detached, in the same manner and to the same extent as if said detached
territory had remained a part of the original county. In all cases where
it is desired to strike territory from one county and attach the same to
another, the county to which any such territory is to be attached may
assume the payment of that portion of the indebtedness due to the older
county, and which would otherwise have to be paid by the territory
detached; but such fact shall be specified in the petition to the county
commission and published in the notice of the election for the proposed
change, and if not so stated in the notice, said county shall not be
deemed to have assumed the payment of such liabilities, but the same
shall be paid by the territory so detached as herein specified. (RSMo
1939 § 13698)

Prior revisions: 1929 § 12039; 1919 § 9441; 1909 § 3662

When a new county shall be established, or any county line
altered, all suits, actions, process, prosecutions and proceedings, civil
and criminal, commenced before any court before the time of separation or
alteration, shall be proceeded to final judgment and execution; and all
writs and process before that time issued out of any court shall be
executed and returned in all respects as if such division, separation or
alteration had not taken place; and all judgments then rendered or which
may be rendered, in any proceedings, civil or criminal, then commenced,
all fees, fines, penalties and forfeitures which have been accrued or
become due or which accrued in pursuance of any suit, process or
proceeding then commenced, all taxes then due or assessed, and all
balances and arrearages shall be collected, and the collection thereof be
enforced, in the same manner as if such new county had not been
established, or such alteration had not been made; and the sheriffs,
coroners, constables and collectors, respectively, shall have full power
and authority to execute all writs and process, original and judicial,
and to collect all moneys, fines, penalties and forfeitures, fees, taxes,
balances and arrearages which may be due or become due, and to enforce
the payment thereof from any person within their county, as it stood
before such division or alteration, in the same manner that they might
have done respectively, if such new county had not been established, or
such alteration had not been made. (RSMo 1939 § 13693, A. 1949 H.B. 2005)

Prior revisions: 1929 § 12034; 1919 § 9436; 1909 § 3653

All personal representatives and conservators, who by the
establishment of a new county, or the alteration of county lines, shall
cease to be inhabitants of the county in which they were appointed or
received their letters, shall nevertheless continue to render their
accounts and make settlements, and in all things proceed in the courts by
which they were appointed, or their accounts remain to be settled, in all
respects, and be subject to the like proceedings therein, as if such new
county had not been established, or such alteration had not been made.
(RSMo 1939 § 13694, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 12035; 1919 § 9437; 1909 § 3654

The courts in which the accounts of any such personal
representative or conservator remain to be settled, upon good cause
shown, may transfer such accounts to the proper court of the county in
which such personal representative or conservator resides; in which case
the clerk of such court shall make out a transcript of the records and
copies of accounts and papers touching such administration or
conservatorship, and cause the same to be transmitted by some safe
conveyance to the clerk of the court to which the accounts are to be
transferred; and the clerk receiving such papers shall file the same in
his office, and proceedings shall be had thereon in all things in the
court to which the accounts are transferred, as if they had originated in
such court; and the party applying for such removal shall pay all costs
for making out such transcript and copies and transmitting the same,
before the same shall be delivered to be transmitted. (RSMo 1939 § 13695,
A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 12036; 1919 § 9438; 1909 § 3655

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