Effective - 28 Aug 2010, 2 histories
57.080. Vacancy in office, how filled — private person may execute process, when. — Whenever from any cause the office of sheriff becomes vacant, the same shall be filled by the county commission; if such vacancy happens more than nine months prior to the time of holding a general election, such county commission shall immediately order a special election to fill the same, and the person by it appointed shall hold said office until the person chosen at such election shall be duly qualified; otherwise the person appointed by such county commission shall hold office until the person chosen at such general election shall be duly qualified; but while such vacancy continues, any writ or process directed to the said sheriff and in such sheriff's hands at the time such vacancy occurs, remaining unexecuted, and any writ or process issued after such vacancy, may be served by any person selected by the plaintiff, the plaintiff's agent or attorney, at the risk of such plaintiff; and the clerk of any court out of which such writ or process shall issue shall endorse on such writ or process the authority to such person to execute and return the same, and shall state on such endorsement that the authority thus given is "at the request and risk of the plaintiff", and the person so named in said writ or process may proceed to execute and return said process, as sheriffs are by the law required to do. Such election shall be held on or before the tenth Tuesday after the vacancy occurs. Upon the occurrence of such vacancy, it shall be the duty of the presiding commissioner of the county commission, if such commission be not then in session, to call a special term thereof, and cause said election to be held.
--------
(RSMo 1939 § 13143, A.L. 1978 H.B. 971, A.L. 1979 S.B. 275, A.L. 1996 H.B. 1557 & 1489, A.L. 2005 S.B. 176, A.L. 2010 H.B. 1516 Revision merged with H.B. 1965)
Prior revisions: 1929 § 11523; 1919 § 11647; 1909 § 11217
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Section 57.030 - Reelected, new bond.
Section 57.040 - Failure to give bond, effect.
Section 57.050 - Approval of bond.
Section 57.060 - Bond valid until disapproved.
Section 57.070 - Certificate, bond and oath to be recorded.
Section 57.080 - Vacancy in office, how filled — private person may execute process, when.
Section 57.090 - To attend courts — when.
Section 57.100 - Duties generally — concealed carry permits, duties.
Section 57.101 - Ordinances, city, town and villages, enforcement, requirements.
Section 57.102 - To report on jail and prisoners (second class counties).
Section 57.104 - Sheriff, all noncharter counties, employment of attorney.
Section 57.109 - May contract for services on federal water resources lands, limitation.
Section 57.110 - Duties as conservators of the peace — return of recognizance.
Section 57.113 - Duty to patrol certain highways (certain first and certain second class counties).
Section 57.115 - Sheriff may patrol roads and highways (third and fourth class counties).
Section 57.119 - Deputy sheriffs, temporary appointment.
Section 57.140 - Moneys collected on executions, to whom paid.
Section 57.150 - At expiration of term, to turn over funds to successor.
Section 57.160 - Failure to turn over — guilty of misdemeanor and subject to civil action on bond.
Section 57.170 - Summary proceedings against sureties.
Section 57.180 - Settlements of courts with sheriffs and marshals.
Section 57.190 - Penalty if sheriff or marshal fails to settle.
Section 57.220 - Appointment of deputies, provisions of law to apply (second class counties).
Section 57.230 - Salaries of deputies from county treasury.
Section 57.240 - Employment of other persons.
Section 57.260 - Duties — penalty for neglect (Marion County).
Section 57.270 - Powers of deputies.
Section 57.275 - Dismissal of deputies, procedure.
Section 57.278 - Deputy sheriff salary supplementation fund created, use of moneys.
Section 57.280 - Sheriff to receive charge, civil cases — service of process, fee.
Section 57.290 - Charges in criminal cases.
Section 57.295 - Uniform allowance, county may pay.
Section 57.320 - County may supply automobiles to sheriff and deputies (first class counties).
Section 57.349 - Sheriffs' motor vehicles, county commission to provide (second class counties).
Section 57.350 - Mileage expenses allowed (second class counties).
Section 57.355 - Additional duty, investigation of jurors (second class counties).
Section 57.360 - Additional travel expense (second class counties).
Section 57.403 - Compensation for reporting to highway patrol (third and fourth class counties).
Section 57.410 - Sheriff to collect fees for county (third and fourth class counties).
Section 57.440 - Travel expense to be paid monthly.
Section 57.445 - Living quarters (second, third and fourth class counties).
Section 57.450 - Laws applicable — enforcement of general criminal laws, when.
Section 57.452 - St. Louis City, sheriffs exempt from certification requirements.
Section 57.460 - Bond, by whom approved.
Section 57.475 - To investigate certain deputies for circuit court.
Section 57.490 - To make itemized statement of fees.
Section 57.500 - Bondsmen liable, when.
Section 57.510 - Office and supplies furnished.
Section 57.520 - Expense paid out of city treasury.
Section 57.530 - May appoint deputies and fix compensation, limits.
Section 57.540 - Attorney — compensation.
Section 57.550 - Salary for sheriff and deputies.
Section 57.570 - Highway patrol authorized — rules.
Section 57.580 - Patrol to police highways and protect county employees.
Section 57.600 - Salaries and expenses paid from county aid road fund.
Section 57.955 - Sources of fund — remittances — disbursements.
Section 57.961 - Membership in system — certain cities and counties may join, how.
Section 57.964 - Retirement with normal annuity.
Section 57.968 - Annual increase in benefits — how calculated.
Section 57.970 - Years of service, calculation.
Section 57.973 - Credit for prior service.
Section 57.976 - Retirement, procedure — annuity begins, when.
Section 57.980 - Death benefits.
Section 57.991 - Effect of benefits on eligibility for benefits in other systems.
Section 57.994 - First payment of benefits under system available, when — vesting of rights.
Section 57.997 - Former sheriff may be employed as special advisor and purchase annuity.