Section: 057.0080 Vacancy in office, how filled--private person may execute process, when. RSMO 57.080


Published: 2015

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Missouri Revised Statutes













Chapter 57

Sheriffs

←57.070

Section 57.080.1

57.090→

August 28, 2015

Vacancy in office, how filled--private person may execute process, when.

57.080. 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





2005

1996



2005



57.080. 1. 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.



*2. Notwithstanding the provisions of this section to the contrary,

if a vacancy occurs in the office of the sheriff in any county of the first

classification with more than seventy-one thousand three hundred but fewer

than seventy-one thousand four hundred inhabitants, the election to fill

such vacancy shall be held on the general municipal election day as

provided for in section 115.121, RSMo. The provisions of this subsection

shall expire on June 1, 2005.



1996



57.080. 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.



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