§78-7  Certain public officers prohibitedfrom receiving certain masterships and master's fees; forfeiture.  Noperson holding any salaried office or employment in the executive or judicialbranches of the government of the State or any county thereof, or holding anyexecutive or judicial office or employment any part of the compensation forwhich is paid by the State or any county, shall be appointed to serve as masterto examine, pass, or report upon any account filed in any court of the State byany guardian, trustee, or personal representative except where the estateconcerned is insolvent or there are insufficient funds therein to pay areasonable master's fee.  In that event, the master shall not receive, directlyor indirectly, any fee or other remuneration for services rendered as master toexamine, pass, or report upon any account filed in any court of the State byany guardian, trustee, or personal representative.  The person receiving oraccepting the fee or remuneration shall by virtue of the acceptance be deemedto have released and forfeited all claim and right thereafter to anycompensation payable by the State or county by virtue of the office oremployment, and in addition, if the person is holding an office or employment,subject to the power of the legislature of the State to provide for forfeiturethereof as herein provided, shall be deemed to have forfeited and been ipsofacto discharged from the person's office or employment.  In any event, uponacceptance of the fee or remuneration, the comptroller of the State or directorof finance of any county is prohibited from issuing any warrant to the personexcept for services rendered prior to the forfeiture.  This section shall notapply to officers whose only compensation from the government is paid pursuantto any state statute upon a per diem basis or upon a fee basis, or to officersor employees appointed or employed by contract to render a temporaryprofessional service.  Traveling or other expenses paid or payable by the Stateor any county to any officer or employee shall not be deemed to becompensation. [L 1939, c 13, §1; am L 1941, c 23, §1; RL 1945, §457; am L 1945,c 95, §1; RL 1955, §5-13; am L 1957, c 152, §1 and c 180, §1; HRS §78-7; am L1976, c 200, pt of §1; gen ch 1985]

 

Revision Note

 

  "Director of finance" substituted for"auditor" to conform to terminology of county charters.