33.180. In certain cases of contest, salary to be retained by state until rights determined.
In certain cases of contest, salary to be retained by state untilrights determined.
33.180. 1. If any office, elective or appointive, theemoluments of which are required to be paid out of the statetreasury, is contested or disputed by two or more personsclaiming the right thereto in any legal proceeding, then no claimshall be certified, nor any warrant drawn by the commissioner ofadministration nor paid by the treasurer, for the salary by lawattached to the office until the right to the office is legallydetermined between the persons claiming the right.
2. If the person to whom the commission for the office hasbeen issued delivers to the party contesting his right to theoffice a good and sufficient bond in double the amount of theannual salary of the office, conditioned that if, upon finaldetermination of the rights of the contestants, it is decidedthat the obligor is not, and the obligee therein is, entitled tothe office in controversy, he shall pay over to the obligee theamount of salary therefor drawn by him as the officer, togetherwith ten percent interest thereon from the date of the receipt ofeach installment received by him, then, notwithstanding theprovisions of this law, a claim may be certified and a warrantdrawn by the commissioner of administration and paid by thetreasurer, to the person holding the commission for the amount ofhis salary as it becomes due.
3. Any person contesting the election of any officer shallgive notice of the contest to the commissioner of administrationand no contest shall be heard or determined until he satisfiesthe tribunal trying the contest that the notice has been given.
(RSMo 1939 § 13045, A.L. 1945 p. 1428 § 45, A.L. 1945 p. 1977 § 12, A. 1949 S.B. 1015, A.L. 1959 S.B. 5)Prior revisions: 1929 § 11423; 1919 § 13329; 1909 § 11830