USA > Missouri > Ray County > History of Ray county, Mo. > Part 50
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SEC. 5. Whoever shall, within this city, keep or maintain, or be an inmate of, or in any way connected with, or in any way contribute to the support of any bawdy house, house of ill fame, or of assignation, or place for the practice of fornication, or shall knowingly own or be proprietor of any such house, or shall lease any house to any person which he may know will be used for any such purpose, or, after being warned of such improper use of any house leased by him, shall fail forthwith to dispose of such tenants, shall be deemed guilty of a misdemeanor.
SEC. 6. It shall be lawful for the city marshal, or any policeman of the city, upon information being given of the keeping of a bawdy house, house of ill fame, or of assignation, or for the practice of fornication, to enter such house and arrest, without warrant, any and all persons found therein, and commit them to the city prison (if bail is not given), and all persons so arrested shall be tried as parties are tried for violating other ordinances of the city.
SEC. 7. Such houses as are mentioned in sections six and seven of this ordinance, are hereby declared to be public nuisances, and the marshal or police of said city may remove and abate the same in a summary manner.
SEC. 8. Whenever, in a trial before the recorder of said city, for the violation of the provisions of this ordinance, it shall be material to prove the purpose for which any house in this city is, or may be used or kept, it shall be lawful for both the city and the accused to introduce evidence touching the general character or reputation of such house.
SEC. 9. All able-bodied persons who shall be found loitering or ram- bling about the city of Richmond, not. having wherewith to maintain themselves by some visible property, or who shall leave their wives and children without the means of sustenance, all idle and dissolute persons; all persons who shall go about begging in any part of said city, not hav- ing any regular or lawful business; all keepers and exhibitors of gaming devices, all gamblers and prostitutes, and persons who lead an idle, immoral, and profligate course of life, shall be deemed vagrants, and shall, upon conviction thereof, be fined in any amount not less than five dollars, nor more than ninety dollars, with costs, and shall be committed to labor for the use of the city, as other offenders who refuse to pay fines imposed upon them, until such fines and costs be paid.
SEC. 10. In all trials for violating any of the sections of this ordinance it shall be lawful for the city recorder to receive testimony touching the
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HISTORY OF RAY COUNTY.
general character and reputation of the accused, when offered by either the city or the prisoner.
SEC. 11. Every person found guilty of a misdemeanor, as defined by this ordinance, shall be fined (when not otherwise herein especially pro- vided for), in any amount not less than one dollar, nor more than ninety dollars for every such offense, with costs of suit.
SEC. 12. All ordinances, or parts of ordinances in conflict with the provisions of this ordinance, are hereby repealed.
SEC. 13. This ordinance to take effect from and after its publication. Approved December 21, 1874. JNO. T. QUIRK, Attest: A. J. RIFFE, Clerk.
Mayor.
AN ORDINANCE TO REGULATE PROCEEDINGS IN THE CITY RECORDER'S COURT.
Be it ordained by the City Council of the City of Richmond, as follows :
SECTION 1. The city recorder of said city shall have jurisdiction of all suits and proceedings for the violation or breach of any ordinance or law of said city.
SEC. 2. All proceedings for the recovery of any fine, penalty, or for- feiture, for the violation of any ordinance of said city, may, (when not otherwise provided), be instituted, by filing with said recorder a written or printed statement of the offenses charged, signed by the informer, or city attorney, and as nearly as practicable, may be in the following form, viz :
" A. B., to the city of Richmond, debtor, for the sum of .... dollars, for a violation of the ordinance of the city of Richmond, entitled (here insert title of ordinance), approved the .... day of .... , A. D. 18 .. "
Or this:
"The said . . on the .... day of , A. D. 18 .. , in the said city of Richmond, in the state of Missouri, did," &c., &c., (here insert charge).
Said form may be varied or changed, as the case may require; but no suit shall be dismissed, or judgment reversed for any informality in the statement filed in any suit, if such statement shall substantially set out the offense committed, and notify the defendant of the charge he is required to answer.
SEC. 3. Such statement may include one or more persons accused of the same offense, and may include several offenses of a like nature. Upon the filing of such statement, the recorder shall enter the title of the cause upon his docket, and issue a summons or warrant, as the case may require, to the city marshal.
SEC. 4. The summons may be substantially in the following form, to-wit:
¡ "The state of Missouri, to the city marshal of the city ot Richmond, · greeting: You are hereby commanded to summons A. B., to appear before the undersigned, city recorder, of the city of Richmond, on the .... day of .... , A. D. 18 .. , at my office in said city, to answer the complaint of the city of Richmond, for the violation of an ordinance, entitled, (here insert title of ordinance), and have you then and there this writ. Given under my hand, this .... day of .... , A. D.18 ... (Signed) C .... D .... , city recorder."
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HISTORY OF RAY COUNTY.
Said summons shall be made returnable upon any day fixed by the recorder not more than thirty days from the time of issuing such sum- mons, and shall be served in the same manner as summonses of justices' courts, and served under the laws of the state of Missouri.
SEC. 5. In all prosecutions for any violation of any city ordinance or laws of said city, the first process shall be by summons, unless the com- plaint be verified by the oath or affirmation of some person, in which case a warrant shall be issued in the first place.
SEC. 6. Said warrant shall be, as near as may be, in the following form, viz .:
"The state of Missouri to the city marshal of the city of Richmond, greeting: These are to command you to arrest A. B., and bring him forthwith before the undersigned, city recorder of the city of Richmond, at my office in said city, to answer the complaint of the city of Richmond, for the violation of an ordinance, entitled, (here insert title of ordinance), and have you then and there this writ. Given under my hand, the ... day of .... , A. D. 18 ... C .... D .... , City Recorder."
Such warrant shall be served by taking the defendant into custody, and bringing him forthwith before the recorder, and unless admitted to bail, said defendant shall remain in the custody of the city marshal, until dis- charged by the due course of law.
SEC. 7. The city marshal shall endorse on the back of each summons and warrant how the same has been executed, and return the same to the recorder on the day mentioned therein for the return thereof.
SEC. 8. The city marshal may, without process, arrest all persons that may be found in said city in a state of intoxication; all suspicious and dis- orderly persons whom he knows to have been guilty of violating the ordi- nances of said city, and take them before the recorder for examination and trial, and such arrest may be made within or without the city. Should any person so arrested be so much intoxicated as to render his or her trial improper, or should the recorder not be found, or should it be in the night time and inconvenient to try the party in custody, or should the arrest be made on Sunday, the city marshal, in all such cases, shall confine such person or persons in the city calaboose or county jail, there to remain, until released by due course of law.
SEC. 9. Every person arrested and held in custody, shall be entitled to immediate trial, unless the trial be postponed for the causes enumerated in the preceding section, or good cause be shown for a continuance, or the trial be postponed from unavoidable circumstances.
SEC. 10. The recorder shall not issue a summons or warrant for a party who may be arrested by the city marshal or police of said city, without warrant, for violating any city ordinance, but the recorder shall enter upon his docket the fact of the arrest, and when and by whom made. The party so arrested may require the city attorney to file a statement as provided by ordinance, setting forth the nature of the offense with which the party in custody is charged, if such statement has not been filed, and for this purpose the recorder shall allow a reasonable length of time. It shall be the duty, however, of the city marshal and police to report forth- with to the city attorney all parties arrested, so that the cases may be pre- pared against them, if any there be.
SEC. 11. Any person in the custody of the city marshal for the viola-
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HISTORY OF RAY COUNTY.
tion of a city ordinance, may be admitted to bail by executing a bond to the city of Richmond, with one or more sureties, to be approved by the city marshal, in any amount to be fixed by the marshal, not less than fifty or more than ninety dollars, according to the offense charged, condi- tioned, that he will appear upon a day in the bond named, before the city recorder, and answer whatever charge may be made against him for which he has been arrested, and not depart the court without leave. All such bonds, after approved, shall be filed by the city marshal with the recorder before the trial of the party bailed.
SEC. 12. If the defendant shall fail to appear according to the condition of the bond, or appearing shall depart the court without leave, the recorder shall, thereupon, enter up judgment against the principal and securities in such bond for the penalty in the bond, and all costs, and shall issue execu- tion thereon as in other cases.
SEC. 13. The recorder shall enter in his docket a memorandum of every bond filed in his office under the preceding section, noting the sub- stance of each bond.
SEC. 14. All parties in custody, either upon warrant or otherwise, who cannot give satisfactory bail for their appearance, may be kept in the city calaboose or county jail until they can be tried, and all parties brought up for trial, where cause may be postponed or continued for any reason, who cannot give satisfactory bail, shall be remanded to jail until trial, and the recorder shall enter such order upon his docket, and give the city mar- shal a copy of said order, which shall be sufficient authority for the deten- tion of such person.
SEC. 15. The recorder shall issue subpoenas for all witnesses desired by either party, which shall bear date on the day they are issued and shall be returnable on the day therein mentioned. Subpoenas shall be served by the city marshal, by reading the same to the person or persons therein named, and the marshal shall endorse thereon the manner of executing such sub- poenas.
SEC. 16. If any witness subpoenaed shall fail to appear as commanded in such subpoena, the recorder may compel the attendance of such wit- ness by attachment, and may fine any such witness for contempt of court, in any sum not exceeding ten dollars and the costs of attachment.
SEC. 17. Any witness who shall refuse to be sworn, or who shall refuse to answer any question deemed proper by the court, and all persons who shall conduct themselves in a disorderly or contemptuous manner, in or toward the court, may be fined in any sum not exceeding ninety dol- lars, or be imprisoned for a term not exceeding ten days, or may be pun- ished by both such fine and imprisonment.
SEC. 18. The recorder, upon the application of either party, and it appearing to the satisfaction of the court, that the party so applying can- not go safely to trial because of the absence of a material witness, or of evidence material to the issue (when the party has used due diligence to procure the same and failed), and that the same may be obtained in a rea- sonable time, may grant a continuance, provided, that such continuance, when asked by the city, shall not be longer than three days, when the defendant is under arrest, and in all other cases not longer than twenty days.
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HISTORY OF RAY COUNTY.
SEC. 19. All applications for a continuance shall be made out, and if required by the court or opposite party, shall be made in writing.
SEC. 20. The deposition of a witness, when attendance cannot be pro- cured because ot bodily infirmity, absence beyond the jurisdiction of the court, or other sufficient cause, may be taken and read in evidence in any trial, if such witness is otherwise competent; such depositions to be taken in conformity to the laws of the state of Missouri, in similar cases for jus- tices' courts.
SEC. 21. In all cases before the recorder, in which the city of Rich- mond is interested, all process and notices which it may be necessary for the party opposed to the city to serve, shall be served on the city attorney.
SEC. 22. In any case in which the city of Richmond is plaintiff, if any defendant shall have been duly summoned, and shall fail to appear, as required by such summons, the recorder shall proceed to hear the testi- mony as to the nature of the offense, and shall render judgment by default against such defendant, for the amount of the fine, forfeiture or pen- alty he may impose in any case, together with the costs of the suit.
SEC. 23. A judgment by default may be set aside for good cause shown, upon the application of the defendant against whom such judg- ment is rendered, within ten days after the rendition of such judgment by the defendant paying all costs up to that time.
SEC. 24. Whenever a judgment by default has been set aside, if exe- cution has been issued, it shall be recalled, and the recorder may fix a time to try the case anew, of which new trial the defendant shall give the plaintiff reasonable notice.
SEC. 25. On the day set for the trial of any cause, if the defendant appears by himself, or by attorney, and no jury be demanded, the recorder shall proceed to hear the proof and give judgment according to the law and testimony, and shall (except as hereinafter provided), adjudge the party against whom judgment is given, to pay the costs.
SEC. 26. Either party may demand a jury, in which case the recorder shall issue a venire to the city marshal, commanding him to summon six good and lawful men to serve as jurors. All such jurors shall possess the same qualifications as are required by the laws of the state of Mis- souri for jurors in courts of record.
SEC. 27. The recorder may attach and punish for contempt, as in cases of witnesses, any person who shall have been summoned as a juror, and who shall fail or refuse to obey such summons.
SEC. 28. Upon the return of the venire, if a sufficient number of jurors do not appear, or appear and are challenged or excused from serving, the marshal shall immediately summon other persons under the same venire until the panel of jurors is complete.
SEC. 29. The defendant shall be entitled to challenge six jurors per- emptorily, and the plaintiff three, and either party may challenge any number of jurors for the disqualifications enumerated in the laws of the state of Missouri, concerning the qualifications of jurors, provided no per- son shall be incompetent as a juror in any action or proceeding in which the city of Richmond is a party in interest, by reason of his being an inhabitant or freeholder in said city.
SEC. 30. Whenever the defendant shall file an affidavit that the mar- shal is of kin to the prosecutor, or is so prejudiced against the defendant,.
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HISTORY OF RAY COUNTY.
that justice may not be done in the selection of the jury, the recorder shall issue the venire to some disinterested person, who shall take an oath faithfully and impartially to discharge the duty. The person so appointed shall perform the same duties and receive the same compensa- tion in that case as the marshal receives for like services.
SEC. 31. Persons summoned to serve on a jury may be examined under oath, touching their competency to serve.
SEC. 32. Every juror shall be sworn or affirmed well and truly to try the matter in issue between the parties, and a true verdict render accord- ing to law and evidence. No exceptions shall be taken or allowed to the summoning of a jury or to any juryman after the jury is empan- neled and sworn.
SEC. 33. Parties jointly accused shall have the right to be tried sep- arately.
SEC. 34. The verdict of the jury may be in the following form :- " We, the jury, find the defendant guilty (or 'not guilty,' as the case may be), of the offenses charged;" and when no specific sum as a fine, pen- alty, or forfeiture is fixed by the ordinance, the jury shall, also, in their verdict, assess the amount of money to be paid by the defendant, not exceeding the maximum nor less than the minimum fine, penalty, or for- feiture prescribed in the ordinance for the violation of which the defend- ant is charged. Some member of such jury shall sign such verdict as foreman.
SEC. 35. Upon the rendition of the verdict the recorder shall enter the same upon his docket, and shall render and enter upon his docket judgment in accordance with such verdict.
SEC. 36. The recorder shall be controlled in the admission of evi- dence, the examination of witnesses, the competency of witnesses, and in all questions relating to evidence, by the laws of the state of Missouri in relation thereto.
SEC. 37. The informant in any case may be adjudged to pay the cost of prosecution, when the defendant is acquitted, if it shall appear to the court that the prosecution was instituted vexatiously, maliciously or with- out probable cause.
SEC. 38. Upon the rendition of a judgment against the defendant, the the recorder shall issue an execution therefor including the costs, and when the informant is adjudged to pay the costs, execution therefor shall issue against such informant.
SEC. 39. The form of the execution shall be as follows to-wit:
The State of Missouri to the City Marshal of the City of Richmond, Greeting:
WHEREAS, The city of Richmond, on the .... day of .... , 18 .. , obtained a judgment before the undersigned recorder of the city of Rich- mond, against .. for a misdemeanor, in the sum of .... dollars, together with costs in this behalf; these are to command you that you are to take the body of the said .... into custody, and him safely keep in the jail of the city of Richmond, until the amount of said judgment and all costs be paid by the said .... , or until he is otherwise discharged by due course of law, and you are further commanded that during the period of the imprisonment of said .... , that you require him, the said .. , to labor on the streets or public works of the city of Richmond, as
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HISTORY OF RAY COUNTY.
prescribed by ordinance, and make return of this execution within sixty day from the date thereof, and that you certify how you executed the same.
Given under my hand this .... day of .. A. D.,18 .. City Recorder.
[Signed.]
SEC. 40. The recorder shall enter upon his docket in addition to the judgment in each case, an additional order for the imprisonment and sen- tence to labor of the defendant, as specified in the foregoing execution.
SEC. 41. Every person committed to jail or custody, in default of the payment of any fine, penalty or forfeiture for violating any ordinance in the city of Richmond, shall be required to work during his or her time of remaining in custody, upon the streets or public works of said city, under the supervision of the city marshal, or police of said city, at such place as the city marshal shall designate, and shall be allowed a credit upon the execution against him or her of one dollar and fifty cents per day for each day's work, when they work on the streets or public works of said city; and when there is no work to be done on the streets or pub- lic works of said city, they shall be required to beat rock upon the streets at such place as the city marshal shall designate, and shall receive as compensation therefor the sum of one dollar per cubic yard for each cubic yard broken, and said amount shall be credited upon the execution against them. Such persons shall be worked a sufficient length of time to pay said fine and costs, and for all other expenses, for board or otherwise incurred in his or her case; and in any case, any person so fined and sen- tenced shall become refractory and refuse to work, in that event, such person may be further punished by having a ball and chain placed upon his or her leg, and shall be required to work upon the streets as afore- said.
SEC. 42. The recorder may, in his discretion, issue a simple fieri facias against the defendant in any case, instead of the execution herein before recited, which said fieri facias and the proceedings thereon, including levy and sale, shall be governed by the laws of the state of Missouri regulating executions from justices' courts. In every instance where such fieri facais shall be returned unsatisfied in whole or in part, however, the recorder shall forthwith issue the execution first herein- above provided for.
SEC. 43. The recorder shall endorse on every execution issued by him the amount of the judgment and all costs which may have accrued, and the marshal shall add thereto all costs accruing subsequently in such suit, and upon the return of an execution the recorder shall enter upon his docket the return of the marshal, and the amount of costs that have accrued in executing the writ.
SEC. 44. Executions shall be made returnable in sixty days from the date thereof. If the marshal fail to make return thereof in said time, or shall make a false return, he and his securities shall be liable for the amount of such execution and costs. In such cases the recorder may issue a scirc facias against the marshal and his securities, and if, upon the hearing thereof, the marshal has been delinquent as aforesaid, the recorder shall enter up judgment against such marshal and his securities, in such sum as the execution may have been issued for, upon which said marshal was delinquent. In all such cases the recorder shall have power to
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HISTORY OF RAY COUNTY.
depute some competent person to execute all processes that may be necessary.
SEC. 45. If any execution be not satisfied, it may, at the request of the plaintiff, be renewed from time to time by the recorder issuing the same, or the recorder to whom his docket is transferred by an endorse- ment thereon to that effect, signed and dated when the same shall be made. If any part of an execution has been satisfied, the endorsement of renewal shall express the sum due on the execution. Every such endorsement shall renew the execution in full force in all respects for the same space of time between its date and first return, and no longer, and an entry of such renewal shall be made on the docket of the recorder.
SEC. 46. The city marshal shall have power to summon the posse com- itatus within the city of Richmond to aid him in arresting any one vio- lating the provisions of the charter or ordinances of said city, or any one opposing or impeding him in the performance of his duty enjoined on him by charter or ordinances. Any person, so summoned, who shall fail or refuse to attend and aid the city marshal as aforesaid, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than five dollars, nor more than fifty dollars, with costs.
SEC. 47. The recorder and marshal, in all matters pertaining to their respective offices, concerning which there is no specific provisions made by ordinance, shall be governed by the laws of the state of Missouri regulating proceedings in justices' courts.
SEC. 48. All ordinances and parts of ordinances in conflict with this ordinance, are hereby repealed.
SEC. 49. This ordinance shall take effect and be in force from and after its publication.
Approved, December 21, 1878. Attest: W. C. PATTON, Clerk.
GEO. I. WASSON, Mayor.
AN ORDINANCE IN RELATION TO THE CITY MARSHAL-HIS DUTIES AND HIS SALARIES.
Be it ordained by the City Council of the City of Richmond, as follows :
SECTION 1. On Tuesday after the first Monday in April in each year there shall be elected a city constable, who shall hold his office for one year, and until his successor is duly elected and qualified, the style of whose office shall be city marshal.
SEC. 2. He shall give bond in such sum as the city council may require, with good security, conditioned for the faithful performance of his official duties, and shall execute all process to him directed, and perform such other duties as may be required of him by council.
SEC. 3. That in addition to the duties of the city marshal prescribed in the city charter, the following duties are also imposed: It shall be the duty of the city marshal to cause to be removed from the streets, alleys, avenues, market place and public square of the city, and from any other part of the city, all offensive substances and nuisances which in his opinion may have a tendency to endanger the health of the inhabitants of said city. 2d, The city marshal shall take all necessary measures to ascer- tain all nuisances which may exist, and shall attend particularly to the cleanliness of the city. 3d, If a nuisance of any description whatever
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