Richmond Township (part 2 of 2)
Part 2 of 2 of the account of this township in History of Ray County, Mo., published 1881. 15,244 words, covering 6 settlements. Source changes inside the text are labelled at the exact paragraph where the next book begins.
Contents
20 sectionsThe section headings the book prints inside this chapter, on this part. Each one jumps to where it begins.
- An Ordinance In Relation To Merchants' Tax
- An Ordinance In Relation To Nuisances
- An Ordinance In Relation To Wards
- Railroad, Etc
- An Ordinance In Relation To Elections
- An Ordinance In Relation To Street Commissioner
- An Ordinance In Relation To Salaries
- Quiet
- Property
- Decency
- Court
- An Ordinance In Relation To Receipts And Expenditures
- An Ordinance In Relation To Licenses
- An Ordinance To Regulate The Letting Of Contracts
- City
- An Ordinance In Relation To The City Treasurer
- An Ordinance In Relation To City Recorder
- An Ordinance In Relation To Committees
- Ordinances Take Effect
- Of Richmond
Parts
2 pagesThe source prints this as one continuous account. It is split here so no single page grows too heavy to load; the text runs straight on across the parts and nothing is omitted.
- Part 1
- Part 2
The chapter
15,244 wordsReproduced complete and unedited from History of Ray County, Mo., published 1881. The text is machine-read from scans, so expect recognition errors: misspelled names, dropped words, and stray characters. Nothing has been corrected, because correcting a proper name invents one. The headings below are the books' own; source changes are labelled in place.
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 substance 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 ascertain all nuisances which may exist, and shall attend particularly to the cleanliness of the city. 3d, If a nuisance of any description whatever be found upon the lot, or ground, possession, or in the building of any person or persons, the city marshal shall give notice to the occupant, or owner of the premises, to cause such nuisances to be corrected or removed within the time specified in said notice, which shall not be more than twenty-four hours; and should such occupant or owner of the property fail or refuse to correct or remove such nuisance in the time prescribed, the city marshal shall have the same corrected or removed at the expense of the city. 4th, For every failure, refusal or neglect by any occupant or owner of any premises, to remedy or remove an}' nuisance existing thereon, when notified thereof as above directed, by the city marshal, such occupant or owner shall forfeit and pay to the city the sum of not less than one nor more than one hundred dollars, as well as all expenses incurred in removing such nuisance, to be recovered by said city as other fines, penalties or forfeitures. 5th, The city marshal shall at the end of each month render to the city council of said city an account of all expenses for cleaning the city, and all such expenditures as he may have made on behalf of said city. 6th, The city marshal shall patrol the city, and endeavor as far as in his power to prevent all violations of the ordinances of the city, or of the law of the land. He shall give information to the recorder of all vagrants and disorderly or suspicious persons, lurking about the city without any visible means of support. 7th, That for each failure or refusal to discharge the several duties enjoined upon him by the charter and ordinances, said marshal shall, upon conviction, forfeit and pay said city not less than one nor more than twenty dollars, to be used for and recovered as other forfeitures.
Sec. 4. It shall be the duty of the city marshal to collect and pay over all fines and forfeitures, jailor's fees adjudged to be paid by the recorder of the city of Richmond, immediately after the same shall be collected, to the city treasurer, and also to collect and pay said recorder, city attorney, witnesses and jurymen, their fees whenever called on after the same have been collected. Any failure to comply with this provision shall be, and the same is hereby declared to be a misdemeanor ; and for each offense he shall be fined not less than five nor more than one hundred dollars, to be recovered as other fines and forfeitures.
Sec. 5. The city marshal shall hereafter be subject to removal from office for incompetency or neglect of his official duty, by a majority vote of the city council of said city, and in case of such removal, the vacancy shall be filled as is now provided by the laws and ordinances of said city.
Sec 6. The salary of the city marshal shall be in addition to the commissions and costs now allowed him by the laws and ordinances of said city, four hundred dollars per annum, payable quarterly, in full payment for his services for himself and deputies.
Section 1. For the support of the city government, and improvement of the city, the city council shall have the power to levy and collect taxes not exceeding one-half of one per centum upon the assessed value of all property in the city, made taxable by law for state and county purposes, the amount to be determined by the city council in every instance.
Sec. 2. It shall be the duty of the city marshal, as an officio collector of the revenue, to collect all the taxes placed in his hands for collection, to collect all licenses from merchants, dramshop-keepers, and all other persons requiring a license, and to pay to the treasurer all money collected by him on the account of the city, on the first Wednesday in each month, taking duplicate receipts therefor, one of which shall be filed by the collector with the city recorder, the other to be retained by himself.
Sec. 3. If any person shall fail to pay any taxes levied upon his or her property, the city collector may enforce payment, and for that purpose such collector shall have power to seize and sell the goods and chattels of the person so failing to pay such tax in the manner that goods and chattels are, or may be seized and sold under execution issued on judgments at law, and no property shall be exempt from seizure or sale for taxes; provided, that no seizure or sale for taxes shall be made until the collector has demanded payment of them either by personal application to the party liable to pay the same, or by leaving a written notice at his place of abode with some member of his family over the age of fifteen years, nor for ten days after such demand; nor shall the collector receive a credit for delinquent taxes until he shall have made affidavit that he has been unable to find any personal property out of which to make the taxes in each case to returned delinquent; provided further, that whenever taxes shall be collected by seizure or sale of goods and chattels, the collector shall have power to levy and collect, additional to the tax and interest thereon, the necessary cost of the proceeding; and -provided further, that if any person charged with taxes is about to remove from the city without paying the same, the collector may seize and sell goods and personal property of such person without having made the ten days demand; and provided further, that if taxes are due by a non-resident, demand for taxes due by such may be made of the agent or attorney of such non-resident.
Sec. 4. On the first Wednesday of April in each year, if the collector shall be unable to collect any taxes specified on the tax book, having diligently endeavored and used all lawful means to collect the same, he shall make two lists thereof, one to be called the personal delinquent list, on which shall be stated the names of all persons owing taxes on personal property whose taxes cannot be collected, alphabetically arranged with the amount due from each; and the other to be called the land delinquent list, on which shall be stated the names of all persons owing taxes on lands and town lots, where taxes cannot be collected, with the full description of said lands and lots, and the amount of taxes due thereon set opposite each tract of land and town lot, which amount of delinquent taxes is to be placed to the credit of the collector.
Sec. 5. The collector of the revenue shall, on or before the first day of May, annually, return to the county collector, a list of lands and lots on which the taxes or special assessments levied by the city, remain due and unpaid, as provided in sections 178, 179, 180, 181, 182, of the revenue law in the state of Missouri, of act approved March 30, 1872, and section 14 of the revenue law for the state of Missouri, of act approved April 28, 1877.
Sec. 6. The personal delinquent list allowed to the collector, shall be delivered back to the collector or his successor in office, who shall collect the same and account therefor as other moneys collected, the amount of which shall be charged against the city collector by the city recorder.
An Ordinance In Relation To Merchants' Tax
Section 1. It shall be the duty of all merchants dealing as such, to furnish the city assessor, on the first day of August in each year, a full and complete statement of goods, wares and merchandise then on hand and kept by them for sale.
Sec. 2. Upon all such goods, wares and merchandise, there shall be levied an ad valorem tax equal to the tax levied upon personal and real property.
An Ordinance In Relation To Nuisances
Section 1. No person shall throw into any highway, thoroughfare or other public place, within the city, any animal or vegetable substance whatsoever, likely to create a nuisance.
Sec. 2. The owner or possessor of any dumb animal, which may die within the city, shall, within twenty-four hours thereafter, cause the same to be removed beyond the limits of the city.
Sec. 3. The owner or occupant of any livery or other stable, within the city, shall keep his stable clean, and shall not permit more than two cart loads of manure to accumulate and remain in or near the same, at any time between the first day of May and the first day of November.
Sec. 5. Whoever shall violate any of the provisions of this ordinance shall be subject to a fine not less than one nor more than ninety dollars for each and every violation, and five dollars in addition for each and every day such violation shall be suffered or continued.
Section 1. That every hog pen, slaughter house, privy, mud hole, stable or other places in the limits of the said city of Richmond, in a stinking or unhealthful condition, or in a condition calculated to endanger the health, or interfere with the comfort of the citizens of said city, is hereby declared to be a public nuisance, and any owner or possessor thereof, or any person who shall be the cause of either of the aforesaid nuisances, shall forfeit and pay to the city of Richmond, a sum not less than one or more than ninety dollars, and also five dollars for each day such nuisance is allowed to remain after notice to the party causing or permitting the same, as hereinafter provided.
Sec. 2. All notices required to be given under this ordinance shall be given by the city marshal, and shall require the party violating the same to correct, remove, or abate all such nuisances in twenty-four hours.
Sec. 3. If any nuisance is not corrected, abated, or removed in twentyfour hours after such notice, the city marshal shall correct, remove, or abate the same at the cost of the city, and the persons creating or permitting such nuisance shall, in addition to other fines and forfeitures, forfeit and pay all costs incurred by the city, to be recovered bv the city as other fines and forfeitures.
Section. 1. When any building or property is declared a nuisance by the city council of the city of Richmond, and a notice of the fact thereof is given to the owner, occupant, or agent thereof, it shall be the duty of such owner, occupant, or agent to remove the same within five days from the time said notice is given.
Sec. 2. And if any owner, occupant, or agent of such property shall fail to comply with the provisions of the preceding section of this ordinance, it shall be the duty of the street commissioner to remove said property at the cost of such owner, occupant, or agent, and he shall make out and certify to the bills against said owners, occupants, or agents, chargeable with the costs of such work, and deliver the same to the city collector, and take his receipt therefor.
Sec. 3. And the city collector shall present said bills for payment to the persons charged, or their agent, within five days after receiving the same; and if the said bills be not paid within ten days after demand is made by the collector, as provided in the next preceding section, the collector shall deliver the same to the city attorney, who shall commence suit thereon before the city recorder, or other officer having jurisdiction. .
Section 1. Whenever the city council shall direct, by an order entered on the city journal, sidewalks to be made on any street in the city, it shall be the duty of the street commissioner to give notice to the owners and occupants of property fronting on such street, to set, curb, and pave such sidewalks, and it is hereby made the duty of such owners to construct such sidewalks and pavements at their own expense, within such time as may be directed by the city council.
Sec. 2. If any owner of such property fronting on any street where pavements or sidewalks are required to be made, fail to curb and pave the sidewalk, as directed by the street commissioner, and within the time prescribed by the city council, then it shall be the duty of the street commissioner to perform said work at the cost of said owner or owners, and in all cases where he has performed the work, he shall make out and certify to the bills against each person chargeable with the cost of said work, and deliver the same to the city collector, and take his receipt therefor, and the city collector shall present said bills for payment to the person or persons charged, or to their agent, within five days after receiving the same.
Sec. 3. If the said bills be not paid within ten days after demand is made by the collector, as provided in the next preceding section, the collector shall deliver the same to the city attorney, who shall commence suit thereon, before the city recorder, or other officer having jurisdiction.
Sec. 4. If any person obstruct any sidewalk, he shall be fined in a sum not less than one, nor more than five dollars, to be recovered as other fines are before the city recorder.
An Ordinance In Relation To Wards
Section 1. All that part of the city which lies east of the Knoxville street, and north of the street running east and west immediately north of the public square, shall be designated and known as ward No. 1.
Sec. 2. All that part of the city which lies north of the public^quare, and west of Knoxville street, and east of the street running north and south immediately west of the public square, shall be known and designated as ward No. 2.
Sec. 3. All that part of the city which lies north of Main street and west of the street running north and south immediately west of the court house, shall be known and designated as ward No. 3.
lie square to the college ground, thence west to Camden street, thence with said street south to the boundary line, shall be known and designated as ward No. 4.
Sec 5. All that part of said city which lies south of Main street and east of ward No. 4, and west of the second street, immediately east of the public square, running north and south, shall be known and designated as ward No. 5.
Sec. 6. All that portion of the city lying east of the second street east of the public square, known and designated as Shaw street, and extending upon the north to north Main street, and upon the east and south to the city limits, shall be known and designated as ward No. 6.
Section 1. Every person who shall offer for sale any live stock, produce, forage or other articles usually sold by weight, if required by purchaser, shall cause the same to be weighed on the city scales, or other standard scales, and if such person shall fail or refuse to have such articles so weighed, when required so to do, he shall upon conviction thereof, be adjudged guilty of a misdemeanor, and punished by a fine not exceeding five nor less than one dollar.
Sec 2. The lawful weights and measures in this city shall be the same as those prescribed by the general statutes of the state of Missouri. Approved August 21, 1867.
an ordinance in relation to the extinguishment of fires, and the prevention thereof, and in relation to chimneys, and the repairing of flues.
Section 1. No person owning or occupying any dwelling or business house within the limits of the city of Richmond, shall store or keep any combustible material in such house in such manner as likely to catch on fire.
Sec 2. If any person so having any such combustible material, fail for five days to remove the same after ordered by the city council, the same shall be removed by the city marshal, at the expense of such person so owning or occupying such premises.
Sec 3. It shall be the duty of the city council to order the same to be removed upon the complaint of any one, when they believe it to be necessary.
Sec 4. All persons owning any dwelling house or business house within the limits of said city, the chimneys or stove flues of which need repairing, shall repair the same within five days after being ordered so to do by the city council.
Sec 5. The provisions of this ordinance shall not be so construed as to prevent any person from keeping any hay in their stables or barns within said city.
Railroad, Etc
Be it ordained by the City Council of the City of Richmond, as follows : Section 1. The right of way is hereby granted to the St. Louis and St. Joseph railroad company, southern division, along, across and over any of the streets, lanes, avenues or alleys of the city of Richmond, and any of the commons belonging to said city of Richmond, for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property.
Be it ordained by the City Council of the City of Richmond, as follows : Section 1. Any city officer may be removed from office for any misdemeanor, or failure to faithfully discharge the duties of his office, by a two thirds vote of the city council, at any regular, special or adjourned meeting.
Sec. 2. At least five days notice shall be given the party sought to be removed, and a copy of the charges and specifications furnished him before the day of trial.
Section 1. When necessary the mayor, with the advice and consent of the city council, may constitute and appoint a board of health, to consist of three persons.
Sec. 2. Said board shall exercise a general supervision over the health of the city, with the full power to use all proper and suitable means to prevent the introduction into the city, of any malignant or contagious diseases, or the spreading of the same, or to remove or otherwise dispose of any person attacked by any such disease, and to adopt in reference to such person, any regulations or measures deemed advisable.
Sec. 3. The board of health may employ servants, or assistants and establish temporary hospitals, and provide the necessary furniture, medicine, medical attendance and nurses therefor, whenever, in the opinion of said board the health of the city shall require it.
Sec. 4. It shall be the duty of every physician in the city to report to the board of health, or one of them, every case of small pox, or other contagious disease which shall come within his knowledge, within the city limits or its vicinity, within three hours after he shall have knowledge of the same, together with the name and residence of the person diseased.
others, after he or she has been exposed to the small pox, shall forfeit and pay to the city not less than five, nor more than one hundred dollars, or may be imprisoned not exceeding three months.
An Ordinance In Relation To Elections
Section 1. That the general election for all the city officers of the city of Richmond, shall be held on the first Tuesday after the first Monday in April, in each year.
Sec. 2. The clerk shall give ten days notice of such election by advertising in some newspaper published in the city, if there be one, otherwise by ten printed handbills, posted up in the city.
Sec. 3. The city recorder, at least five days before the election, shall make out and furnish the judges of election poll books, together with a copy of the appointment of such judges and clerks in writing.
Sec. 4. Judges and clerks of election shall take the same oaths, and be governed by the same laws, as far as applicable, as are prescribed by the statute laws of Missouri on the subject -of elections.
Sec. 5. Whenever a vacancy shall occur in the city council, by resignation or otherwise, it shall be the duty of the mayor, by proclamation, to order an election to be held to fill the same; ten days notice, fixing the time and place of holding such an election, shall be given by the mavor, and such election shall be held, in all respects, as other city elections are.
Sec. 6. Whenever any vacancy shall occur in the office of city marshal or city recorder, by resignation or otherwise, it shall be the duty of the mayor, with the approval of the city council, to fill said vacancy by the appointment of a city marshal or recorder for the residue of the term until the next general election of city officers.
Sec. 7. No officer of the city, nor any candidate for any city office, shall be appointed to serve as a judge or clerk of any city election.
Sec. 8. The judges and clerks of election shall each receive two dollars and fifty cents per day for each day they may act as such, and no person shall act at the same time as both judge and clerk of election.
Sec. 9. Such election shall be conducted in the same manner in all respects as provided by the statutes of the state of Missouri, in regard to general elections, when not inconsistent with the provisions of this ordinance.
An Ordinance In Relation To Street Commissioner
Section 1. It shall be the duty of the mayor, with the advice and consent of the city council, at the first session of the city council after his election, to appoint a street commissioner, who shall hold his office until his successor is duly appointed and qualified.
Sec. 2. It shall be the duty of the street commissioner to superintend all the work upon the streets, lanes and alleys within the city, that shall be ordered to be done, and shall report, from time to time, to the city council, such improvement and repairs on the same as he may deem needful.
Sec. 3. That the street commissioner for the city of Richmond, aforesaid, shall report to the city council at each and every regular meeting thereof, the property purchased and the amount and character of the work done, for the city of Richmond, not previously in like manner reported, and shall in a written statement duly sworn to by the said street commissioner, make a full exhibit of the property so purchased, and the amount paid or agreed to be paid for each separate purchase, the name of each person performing labor, the number of days employed, and amount paid per day.
An Ordinance In Relation To Salaries
Be it ordained by the City Council of the City of Richmond, as follows : Section 1. The several officers herein named shall receive the following compensation for their services: city recorder, $150; city attorney, $50; city treasurer, $50; city assessor* $50: street commissioner, $2 per day while employed; mayor, $3 for attending each meeting of the city council; councilmen, $2 each for each meeting; collector, 6 per centum upon all taxes collected by him, and 3 per centum upon all licenses; the city weigher 10 cents for each draught.
Section 1. Any person who shall ride or drive any animal or beast of burden in any highway, street, thoroughfare or other public place in said city, faster than a moderate gate, or at a rate exceeding five miles per hour, shall be deemed guilty of a misdemeanor.
Sec. 2. Any person in said city, who shall ride or drive any animal or beast of burden, or any vehicle, so as to come in collision with, or strike any other thing or person, shall be deemed guilty of a misdemeanor.
Sec. 3. Any person in said city, who shall leave any beast of burden or animal standing in any public place, without being fastened or guarded, so as to prevent such animal from running away, or shall leave in said city any beast of burden or animal standing hitched out over night without shelter, shall be deemed guilty of a misdemeanor.
Sec 4. In all cases of persons driving vehicles meeting each other in any street, alley, or thoroughfare in said city, each person so meeting, shall turn off and go to the right side, so as to enable vehicles to pass each other with system, and without danger; any person violating this section, shall be deemed guilty of a misdemeanor.
Sec. 5. Any person who shall, in this city, lead, ride, drive or place any horse, beast of burden or vehicle, on any paved or plank side-walk, or foot-walk, otherwise than in going into, or out of premises, owned or occupied by him, or his employers, shall be deemed guilty of a misdemeanor.
Sec. 6. Any person who shall in this city, hitch or fasten any animal to any pump, fence, ornamental or shade tree, lamp post, sign or awning post, not belonging to him, or his employers, shall be deemed guilty of a misdemeanor.
Sec. 7. Any person who shall, in any public thoroughfare or street in said city, throw, shoot, or hurl any rock, stone, ball, shot, snow-ball or any other thing or missile, from the hand, or by means of any other instrument or device, shall be deemed guilty of a misdemeanor.
Sec. 8. Whoever, in said city, owning or possessing property having a cellar opening on any sidewalk, shall fail to provide a door or shutter for such cellar, or who shall have such cellar door or shutter open when not passing into or out of such cellar, or who shall not keep such cellar door or shutter in good repair, shall be deemed guilty of a misdemeanor.
Sec. 9. Any person who shall within the limits of this city, fire, shoot off or discharge any cannon, musket, rifle, gun, pistol or any other kind of fire arms, except in case of necessity, or in the performance of public or lawful act of duty, except upon Christmas day and fourth of July, shall be deemed guilty of a misdemeanor.
Sec. 10. Every person who shall be found guilty of a misdemeanor, as designated in this ordinance, or who shall in any way violate any of the provisions of this ordinance, shall be fined in any sum not less than one dollar, nor more than ninety dollars and costs for every such offense.
Section 1. That hereafter no stallion, stud, jack or bull shall be shown or exhibited within the limits of the city of Richmond, unless the same be done in an inclosed private lot or pasture. And that any person or persons violating the provisions of this ordinance, 'or permitting the same to be done by any one having his or their stock in charge, shall be adjudged guilty of a misdemeanor, and fined in a sum not less than twenty dollars, to be recovered as other fines and forfeitures; and that the same be recoverable whether the owner have knowledge of such exhibition by the keeper or person in charge of such stock or not. Approved August 21st, 1867.
Section 1. Whoever shall in this city falsely represent himself to be an officer or policeman, of this city in any manner, or shall, without being authorized by the city, exercise or attempt to exercise any of the duties, functions or powers of a city officer or policeman shall be guilty of a misdemeanor.
Sec. 2. Whosoever shall, in this city, hinder, obstruct, resist, or in any wise interfere with any city officer, in the discharge of his official duties, or attempt to prevent any such officer from arresting any person, or attempt tc rescue from any officer any person in his custody, or aid or advise any person in custody of any officer to break guard, escape or attempt to escape, shall be deemed guilty of a misdemeanor.
Sec. 3. Whoever shall persist or continue in doing any act, or thing affecting the streets, public property, health or morals of said city, forbidden by the charter or laws and ordinances of said city, which it is the duty of the mayor or city marshal to enforce after such person shall have been notified or warned to desist from such unlawful act, shall be deemed guilty of a misdemeanor.
Sec. 4. Whoever shall be found guilty of a misdemeanor as provided herein, shall be punished by a fine not less than one dollar, nor more than ninety dollars, and costs of suit for every such offense.
Quiet
Section 1. That any three or more persons who shall in this city, assemble together with an intent, or being assembled, shall mutually agree to do an unlawful act, with force or violence against the property of the city, or the person or property of another, or against the peace, or to the terror of others, and shall make any movement or preparation therefor, and every person present at said meeting or assembly, who shall not endeavor to prevent the commission or perpetration of said unlawful act, every person so offending, shall be deemed guilty of a misdemeanor and on conviction, shall be fined in any sum not exceeding ninety dollars, nor less than one dollar for each and every such offense with costs.
Sec. 2. Every person who shall wilfully disturb the peace and quiet of any street, alley, public or private place, market, church or other buildings, public or private, or any neighborhood, private family or person, within the city or Richmond, by any loud and unusual noise, by any means, instrument or device, by hallooing, bellowing, blowing, howling, swearing, or by using profane, indecent or offensive language, or by tumultuous, boisterous threatening or offensive language, or actions, or by any other means or device whatsoever, shall be deemed guilty of a misde-
Sec 3. Any person in said city, who shall suffer or permit in any house, or upon any premises, owned, occupied or possessed by such person, or over which such person has control, as agent or otherwise, any act or acts the doing of which is declared a misdemeanor by the preceding section, whereby any neighborhood, family or person is disturbed, interrupted or annoyed, shall be deemed guilty of a misdemeanor, and shall be punishable as provided in said preceding section.
Sec 4. Any person who shall, in the the city of Richmond, challenge, threaten, curse, abuse, assault, strike, beat, fight or wound in any manner, any other person or persons, or who shall use profane, obscene, offensive, abusive, indecent, violent, threatening or insulting language towards any other person or persons, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any amount not less than one, nor more than ninety dollars and costs.
Sec 5. No person shall wear or carry about his or her person, any pistol, dirk, bowie knife, revolver, slingshot, brass, lead or iron knuckles, or any other deadly weapon except in such a manner that such weapon can plainly and distinctly be seen by any person ; any violation of the provisions of this section, shall be punished by a fine of not less than ten dollars nor more than ninety dollars for every such offense, with costs.
Sec 6. Every person in said city, who shall wilfully give or make a false alarm of fire shall be punished by a fine not less than twenty-five dollars, nor more than ninety dollars, for every such offense.
Sec 7. Any person who shall, in this city, disquiet, disturb, or annoy any congregation or assembly of people, met for religious worship, by making a noise, or hy rude or indecent behavior, or by profane or offensive language, within such place of worship, or so near the same as to disturb the order or solemnity of such meeting, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding ninety dollars, for every such offense, with costs.
Sec. 8. Any person in this city, who shall disturb, disquiet, or annoy any lawful assembly of people, by boisterous, rude, annoying or turbulent language, actions or behavior, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exeeding ninety dollars, and costs, for every such offense, and it shall be lawful for any person to forcibly eject from any building, or place any person or persons violating this or the preceding Section.
Property
awning, lamp, lamp-post, sign, door, window-sash, window-glass, or any other kind of property not his own, or shall wilfully cut, hack, injure, bark or girdle any tree, shrub or vine, in any public or private ground or place in said city, or shall wilfully injure any public cistern or property of any fire company in said city, shall be deemed guilty of a misdemeanor.
Sec. 2. Whosoever, in said city, shall throw or place upon the house, ground, lot or premises of another (without authority so to do), any wood, stone, dirt, trash, slop offal, rubbish, or any other impediment or obstruction, shall be deemed guilty of a misdemeanor.
Sec. 3. Any person in said city who shall paste, post, tack,, glue, or fasten in any manner any notice, hand-bill, advertisement, or placard, or shall print, paint or mark any advertisement upon any building, wall, fence, gate, door, or other improvement, without having first obtained permission of the owner of such property so to do, shall be deemed guilty of a misdemeanor, and the person or persons at whose instance such notices or bills are posted or published may be dealt with the same as the person or persons actually engaged in the matter, this ordinance being intended to include either or all parties, at the option of the complainant; -provided, no person or persons shall be prosecuted under this section, except upon the complaint of the owner or person having control over such property.
Sec. 4. Whosoever shall break into or open any public cistern in said city, or draw any water therefrom, except upon proper authority, or in case of fire, shall be deemed guilty of a misdemeanor.
Sec. 5. Any prisoner while in the custody of the marshal or confined in the city prison, who shall wilfully deface, injure or destroy any portion of the city prison, shall be deemed guilty of a misdemeanor.
Sec. 6. Every person found guilty of a misdemeanor under the provisions of this ordinance shall be fined in any amount not less than one nor more than ninety dollars, with costs of suit for every such offense.
Decency
Section 1. Whoever, in this city, shall be found in a state of intoxication in any highway, thoroughfare or other public place, shall be deemed guilty of a misdemeanor.
Sec. 2. Whosoever, in this city, shall appear in a public place in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any indecent or lewd act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture, image or other thing, or shall exhibit or perform any indecent, immoral or lewd play or other representation ; or shall permit a stud horse or jack to try or serve a mare in said city, shall be guilty of a misdemeanor.
Sec. 4. Whoever shall, in this city, set up or keep any kind of a gaming device, or thing at which any game or device shall be played for money or property, or anything representing money or property, or shall at any such device or game of chance, bet, win or lose any money or property, or anything representing money or property, or shall suffer or permit any such device at which any such game of chance is played, to be set up or used in any tenement which he owns or has under his control, shall be deemed guilty of a misdemeanor, and it shall be lawful for the city recorder, on receiving satisfactory information of any such device or thing being so set up or used, to issue his warrant to the city marshal, commanding him to destroy the said gaming implements or devices.
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 rambling 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 having 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
Sec. 11. Every person found guilty of a misdemeanor, as defined by this ordinance, shall be fined (when not otherwise herein especially provided for), in any amount not less than one dollar, nor more than ninety dollars for every such offense, with costs of suit.
Court
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 forfeiture, 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), appYoved the day of .... , A. D. 18. ."
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.
I "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
Said summons shall be made returnable upon any day fixed by the recorder not more than thirty days from the time of issuing such summons, 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 complaint be verified by the oath or affirmation of some person, in which case a warrant shall be issued in the first place .
"The state of Missouri ;o 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 discharged 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 disorderly persons whom he knows to have been guilty of violating the ordinances 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 citv 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 forthwith to the city attorney all parties arrested, so that the cases may be prepared against them, if any there be.
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, conditioned, 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 execution 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 substance 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 marshal a copy of said order, which shall be sufficient authority for the detention 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 subpoenas.
Sec 16. If any witness subpoenaed shall fail to appear as commanded in such subpoena, the recorder may compel the attendance of such witness 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 dollars, or be imprisoned for a term not exceeding ten days, or may be punished 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 cannot 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 reasonable 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.
Sec. 20. The deposition of a witness, when attendance cannot be procured because ot bodily infirmity, absence beyond the jurisdiction of the court, or other sufficient cause, ma}' 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 justices' courts.
Sec. 21. In all cases before the recorder, in which the city of Richmond 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 testimony as "to the nature of the offense, and shall render judgment by default against such defendant, for the amount of the fine, forfeiture or penalty 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 judgment 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 execution 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 Missouri 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 peremptorily, 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 person 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 marshal is of kin to the prosecutor, or is so prejudiced against the defendant, 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 compensation in that case as the marshal receives for like services.
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 according 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 empanneled and sworn.
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, penalt}-, 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 forfeiture prescribed in the ordinance for the violation of which the defendant 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 evidence, 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 without 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.
obtained a judgment before the undersigned recorder of the city of Richmond, against . . . . , for a misdemeanor, in the sum of .... dollars, together with costs in this behalf; twese are to command you that you are to take the body of the said .... into custodv, and him safelv 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 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.
Sec. 40. The recorder shall enter upon his docket in addition to the judgment in each case, an additional order for the imprisonment and sentence 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 public 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 sentenced 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 aforesaid.
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 faca is shall be returned unsatisfied in whole or in part, however, the recorder shall forthwith issue the execution first hereinabove 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 scire 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
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 endorsement 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 comitatus within the city of Richmond to aid him in arresting any one violating the provisions of the charter or ordinances of said city, or any one opposing or irppeding 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.
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 ascertain all nuisances which may exist, and shall attend particularly to the cleanliness of the city. 3d, If a nuisance of anv description whatever be found upon the lot, or ground, possession, or in the building of any person or persons, the city marshal shall give notice to the occupant, or owner of the premises, to cause such nuisance to be corrected or removed within the time specified in said notice, which shall not be more than twenty-four hours; and should such occupant or owner of the property fail or refuse to correct or remove such nuisance in the time prescribed, the city marshal shall have the same corrected or removed at the expense of the city. 4th, For every failure, refusal or neglect by any occupant or owner of any premises, to remedy or remove any nuisance existing thereon, when notified thereof, as above directed, by the city marshal, such occupant or owner shall forfeit and pay to the city the sum of not less than one, nor more than one hundred dollars, as well as all expenses incurred in removing such nuisance; to be recovered by the city as other fines, penalties, or forfeitures. 5th, The city marshal shall at the end of each month render to the city council of said city an account of all expenses for cleaning the city, and all such expenditures as he may have made on behalf of said city. 6th, The city marshal shall patrol the city, and endeavor, as far as in his power to prevent all violations of the ordinances of the city, or the laws of the land. He shall give information to the recorder of all vagrant, disorderly, or suspicious persons, lurking about the cit}- without any visible means of support. 7th, That for each failure or refusal to discharge the several duties enjoined upon him by the charter and ordinances, said marshal shall, upon conviction, forfeit and pay said city not less than one, nor more than twenty dollars, to be sued for and recovered as other forfeitures.
Sec. 4. It shall be the duty of the city marshal to collect and pay over all fines and forfeitures, jailor's fees adjudged to be paid by the recorder of the city of Richmond, immediately after the same shall be collected, to the city treasurer, and also to collect and pay said recorder, city attorney, witnesses and jurymen, their fees whenever called on after the same has been collected. Any failure to comply with this provision shall be, and the same is hereby declared to be a misdemeanor, and for each offense he shall be fined not less than five dollars nor more than one hundred dollars, to be recovered as other fines and forfeitures.
Sec. 5. The city marshal shall hereafter be subject to removal from office for incompetency or neglect of his official duty, by a two-thirds' vote of the city council of said city, and in case of such removal, the vacancy shall be filled as is now provided by the laws and ordinances of said city.
Sec. 6. The salary of the city marshal shall be, in addition to the commissions and costs now allowed him by the laws and ordinances of said city, four hundred dollars per annum, payable quarterlv, in full payment for his services, for himself and deputies.
Sec. 7. That said city marshal shall make a settlement with the city council at each and every regulary meeting thereof, and with the city treasurer on the first secular day of each and every month, and that upon said settlement with the city treasurer, he shall pay into the city treasury all moneys then in his hands belonging to the city, and take triplicate receipts therefor, one to be filed with the city recorder, one with his settlement with the city council, to be received as a voucher on said settlement, one to be retained by the marshal.
from any person or persons, firm, company or corporation whatever, any warrant or warrants for a greater amount than the indebtedness of the city to the party or parties offering said warrants, and shall upon each and every settlement with the city council exhibit in a written statement, duly sworn to by said city marshal, a full list of all warrants received as aforesaid, and not previously in like manner herein reported, the names of parties from whom received, and the amounts received from each party.
Section 1. That all business houses within the city of Richmond shall be closed by the owners, proprietors, or tenants thereof, or the agents of such owners, proprietors, or tenants having such business houses under their charge, between the hours of 10 o'clock p. m. and 4 o'clock a. m., from the first day of April to the first day of October of each year; and between the hours of 11 o'clock p. m. and 6 o'clock a. m., from the first day of October to the first day of April of each year.
Sec 3. Any owner, proprietor, or tenant of any business house in said city, or agent of such owner, proprietor, or tenant, having control of such business house, who shall fail or neglect, or refuse to comply with the requirements of the first section of this ordinance, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not exceeding ninety dollars, nor less than one dollar and costs.
An Ordinance In Relation To Receipts And Expenditures
Section 1. That it shall be the duty of the city council of the city of Richmond, on or before the third Monday in April of each year, to cause to be published in some newspaper published in said city, a full, complete and detailed statement of all moneys received and expended by the said city during the fiscal year next preceding such publication, and on what account received and expended, classifying each receipt and expenditure under its appropriate head.
An Ordinance In Relation To Licenses
Section 1. No person or company of persons shall exercise the business, trade or vocation of an auctioneer, peddler, broker, or pawn-broker; or shall any person or company of persons open or offer for exhibition, any show or amusement of any kind, or keep for public use any ten pin, or ball alley, nor offer lor sale any chance or ticket in any gift enterprise, nor sell or give away any intoxicating or malt liquors, within the city of Richmond, without first having obtained a license, and paid the tax in the manner herein prescribed.
Sec. 2. All licenses shall be granted for the term of six months, (except gift enterprises, shows, amusements, auctioneers and peddlers, which shall be licensed as hereinafter provided,) and no longer, commencing with the first day of January in each year, and subject to renewal every six months thereafter, except upon the first application of any person or company of persons for a license required, such licenses shall be granted from the time of application to the first day of January or July, next succeeding, as the case may be, and the tax thereon shall be in proportion to the tax for six months. Applications shall be made by each person or company of persons wishing to exercise the business or vocation for which a license is required, to the city recorder, who shall prepare the same, and deliver them to the city collector, who shall receive and collect the same.
Sec. 3. The following shall be the rate of license tax: Upon every keeper of a ten pin or ball alley, the sum of forty dollars for every six months; upon shows and amusements as follows: circuses or menageries, for each dav exhibition, fifty dollars, and upon every side show traveling with the same, five dollars; negro minstrel exhibitions, concerts, sleight of hand performances, puppet shows, rope dancing and all other kinds of amusements, the sum of five dollars for each exhibition; theatres or theatrical performance, five dollars for each performance or exhibition, or fifty dollars per month; gift enterprises or any like business in which prizes or gifts are distributed by chance, shall each pay the sum of fifty dollars per month; every pawn broker shall pay fifty dollars for every six months; every auctioneer shall pay one dollar and fifty cents per day, or ten dollars for every six months, and when any person shall keep a regular auction room, the license shall be twenty-five dollars for every period of six months; every peddler or person selling or offering to sell goods or merchandise, of any description, in said city, without having a fixed and permanent location therein, shall pay a license tax of two dollars and fifty cents per day, or twenty-five dollars for every six months, if his business be conducted on foot, and five dollars per day or fifty dollars for every six months, if he uses a wagon or any vehicle to convey such goods around; each broker or company of brokers, including produce and merchandise brokers, and bill brokers, shall pay a license tax of twenty-five dollars for every six months; every person who shall keep a dram shop or tippling house, or who keeps for sale, or suffers to be drank upon his premises, intoxicating or malt liquors in quantities less than one gallon, shall pay a license tax of fifty dollars for every period of six months: Provided, however, that nothing contained in this ordinance shall be construed so as to require druggists and apothecaries to take out a license to sell intox- icating or malt liquors in quantities less than one gallon, for selling liquors to fill prescriptions for the sick, made by any regular practicing physician.
Sec. 4. No license issued under the provisions of this ordinance, shall be construed so as to authorize any person or persons to sell or give away any intoxicating or malt liquors to any minor or habitual drunkard, and any person or persons convicted of any such act, shall in addition to the penalty otherwise provided by law, forfeit his or their license, which may be so declared in the court where such conviction is had, and all licenses are granted with this expressed provision.
Sec. 5. Application for license to keep a dram shop should be made to the city council, by petition, and shall state where the dram shop shall be kept.
Sec. 6. Every applicant for such license shall, at the time of his application to the city council, deliver a statement in writing, verified by affidavit, of the amount of liquors received at his stand within six months next preceding the date of such statement; on which amount there shall be levied and collected an ad valorem tax for city purposes, of the same amount as paid by merchants on merchandise.
Sec. 7. Before such license shall be granted, the council shall require the person applving therefor to give bond, with sufficient security, to be approved by the city council, in the sum of one thousand dollars, conditioned that the person obtaining such license shall keep at all times an orderly house, and that he will not sell, give away, or otherwise dispose of, or suffer the same to be done about his premises, any intoxicating liquors, in any quantity, to any minor, without the consent of the parent,, guardian, or master of such minor.
Sec. 8. In no case shall the license be delivered to any dram-shop keeper, until he shall produce the receipt of the collector showing that the tax has been paid.
Sec. 9. Any person convicted of a violation of any of the provisions of this ordinance, shall be fined in a sum not less than twenty, nor more than ninety dollars, before the city recorder, who shall have jurisdiction of every such violation.
Sec. 10. The license shall be signed by the clerk, for which he shall receive a fee of fifty cents; and in no case shall such license be transferred or assigned.
Sec. 11. Licenses granted under the provision of this ordinance shall be as near as practicable in the form following, viz: "I, , recorder of the city of Richmond, Missouri, to all who shall
Know ye, that whereas, . . . . , of said city, on the .... day of . . . . , A. D. 18.., paid to the city collector, the sum of .... dollars, being the license tax for the business hereinafter mentioned, therefore the said . . . . , is hereby authorized to .... for the period of .... from the .... day of . . . ., A. D. 18. ., subject to the ordinances and laws of the city of Richmond, Missouri.
Sec. 12. Every person and company of persons -who exercise or attempt to carry on any business, trade, or auction for which a license is required by the provisions of this ordinance, open or offer for exhibition any show, or amusement of any kind, or keep for public use any ten pin or ball alley, or offer for sale any ticket or chance in any gift enterprise, or keep any tippling-house or dram-shop, or sell or give away any intoxicating or malt liquors in quantities less than one gallon, within the city of Richmond, without having first paid and obtained a license therefor, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not less than five, nor more than ninety dollars, with costs of suit for every such offense.
Sec 13. The fee for issuing each license shall be fifty cents, which shall be paid the recorder by the party applying for the same, on his application for license, and the recorder shall not prepare any license until said fee be paid.
An Ordinance To Regulate The Letting Of Contracts
Section 1. All permanent improvements, of whatever character, which may be contracted by the city of Richmond, shall be let out to the lowest responsible bidder, before any such work shall be authorized or commenced, provided, however, that nothing herein contained shall be construed so as to prevent the repair of streets, avenues, alleys, culverts, buildings, or other city property, so far as may be necessary for their preservation when such repairs shall have been ordered to be made by the city council.
Sec 2. Whenever the city council may contemplate any improvement or work, as provided in the preceding section, and shall order that proposals to do the required work be advertised for, it shall be the duty of the city recorder to advertise for at least twenty days, in some newspaper printed in the city, that sealed proposals will be received in his office, during that space of time, for doing the work in contemplation, giving a genearal description of the work, and giving notice that full plans and specifications shall have been furnished by the city attorney, at or prior to the the time of ordering such advertisement for proposals. Such notice shall also contain the statement of the fact that the city reserves the right to reject any or all proposals.
Sec 3. Proposals to do public work, shall contain full and explicit statements of prices of each and every part of work to be done, with description of quality, quantity and price of all material to be used, price of labor, and number of laborers employed, and the time in which the work will be completed, and terms of payment, so that the city council can easily determine the cost of the work contemplated, and the time required for its completion.
of receiving the same, and shall file the same in his office for reference. No proposal shall be filed by him unless it is securely sealed, and all such proposals shall have an endorsement on the back, " Proposals for public work," and directed to the city council. No proposals shall be withdrawn from the recorder, or the seal broken by any one, until the meeting of the city council to examine the same.
Sec. 5. After the time shall have expired for receiving proposals, the city council shall convene and examine all proposals made, and shall award the contract to the lowest bidder, provided, if all such proposals are deemed too high, the city council may reject all.
Sec. 6. The city council shall require any person or persons whose bid may be successful, to give bond with good security, to be approved by said council, conditioned for the faithful performance of such work and contract, and in default of providing such bond within some time specified by them, such bid or bids shall be rejected.
Sec. 7. Whenever any contract shall be awarded and bond filed, as herein provided, the city attorney shall draw up the terms of each contract in duplicate, which said contract shall embody all the particulars specified in the proposals, and shall further bind the contractor to perform the work in a good and workmanlike manner. Such contracts shall be signed in duplicate by the mayor, under the seal of the city, and the contractor, under their hands and seals. One copy of such contracts shall be delivered to the contractor, and the other held in the office of the city recorder.
Sec. 8. No such work shall be received or paid for until it shall have been examined by the committee of improvements of the city council, and shall have been approved by them as constructed according to contract, and these conditions shall be embraced in every contract entered into.
City
Section 1. Whenever the city of Richmond, shall become liable to any person, in any sum of money, the payment of which is not otherwise provided for, the claimant shall make out a detailed account thereof and shall then present the same to the city council, who shall carefully examine the same, and if in their opinion the account is correct and should be paid by law, they should allow the same, and the city recorder shall endorse on such accounts the allowance thereof, and a warrant shall be issued by the mayor, countersigned by the city recorder, in favor of such claimant, payable out of the city treasury.
Sec. 2. The city council may refer any claim so presented to them for payment to the committee of claims for examination and adjustment, but all such claims shall be reported back to the city council for approval and final action.
correct record and list of all warrants, presented to him for payment, noting the number of the warrant, time of presentation, amount for which drawn, and in favor of whom payable, and shall pay such warrants in the order they are thus presented and registered for payment, such payment to be made out of the general fund of the city.
Sec. 4. Whenever there shall be any money in the city treasury, and warrants registered for payment, it shall be the duty of the city treasurer to tack up in some conspicuous place in the office of the city council a list of such warrants next to be paid, and for which he has money in the treasury, giving the name of the person to whom payable, number and amount of warrant, and notifying the holder thereof to present such warrant or warrants for payment, and any warrant which shall not be presented for payment within twenty days from the time the same shall be posted, shall be stricken from its place in the registry, and the money appropriated to the payment of the next warrant or warrants in the order in which they occur on the registry; provided, that all warrants that may thus lose their order of payment, shall be re-registered for payment at anytime as if they were new warrants, but the city shall not be held liable for any interest or damages on such warrants from and after its being posted for payment.
Sec. 5. Such public list of warrants to be paid shall be renewed from time to time as there may be money on hand for the payment of any warrant or warrants, so as to keep the warrant holders accurately notified of the time of payment of their warrants.
Sec. 6. Any city treasurer who shall pay any warrant, out of the order of its payment, as shown by the register of warrants, and as herein provided for, or who shall fail to keep a record of warrants as herein set forth, or who shall fail to post any warrants for payment, as and when the same shall be entitled to payment, as provided for in the sections next preceding, or who shall violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not less than five dollars, and not more than ninety dollars, and costs for every such offense.
Sec. 7. All ordinances and parts of ordinances in conflict with this are hereby repealed; Provided, however, that all warrants now registered for payment with the city treasurer, shall be paid in the order in which they now are registered, the same as if originally registered under this ordinance, and shall in all respects be so treated, and such warrants as may hereafter be recognized, shall be registered in order, commencing next after the last warrant heretofore registered for payment.
An Ordinance In Relation To The City Treasurer
Section 1. On Tuesday after the first Monday in April of each year there shall be elected a city treasurer, who shall hold his office for one year, and until his successor is duly elected and qualified.
Sec. 2. He shall give bond in such sum as the city council may require with approved security, conditioned for the faithful performance of his official duties.
Sec. 3. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the mayor, or other officers authorized by ordinance to draw them, in the manner and form prescribed by ordinance.
Sec 4. In case of death, resignation or removal from office of the city treasurer, the mayor, with the approval of the council, shall have power to appoint a city treasurer for the residue of the term, until the next general election of city officers.
An Ordinance In Relation To City Recorder
Section 1. ' On Tuesday after the first Monday in April of each year, there shall be elected a city recorder, who shall hold his office for one year, and, until his successor is duly qualified.
Sec 2. He shall be ex-officio clerk of the city council. He shall keep a journal of the proceedings of the council, record in a separate book all ordinances and resolutions appropriating money, keep a record of all official acts of the mayor, and when necessary attend them ; he shall keep and preserve in his office the common seal of the city, and all records, public papers and documents not properly belonging to any other office, and perform such other duties as the council may direct.
Sec 3. As recorder he shall preside in the city court, and have the same jurisdiction as a justice of the peace, within and for the limits of the city. He shall have exclusive jurisdiction over all cases arising under any ordinances of the city, subject, however, in all cases to an appeal to the circuit court of Ray county, and every such appeal shall be granted as provided by the charter and ordinances of this city.
An Ordinance In Relation To Committees
Be it ordained by the City Council of the City of Richmond, as follows : Section 1. The mayor shall, at the first regular meeting of the city
Ordinances Take Effect
Section 1. That all the foregoing ordinances of the city of Richmond are hereby approved and shall take effect and be in force from and after January 1, A. D. 1879.
Of Richmond
Rule I. Regular meetings of the council shall be held on the first Wednesday of each month. Notices of special meetings shall be served by the marshal on each councilman, and the marshal shall have charge of the council rooms and give his attendance on the meetings of the council.
Rule II. At the hour appointed for the meeting, the recorder, or some one appointed to supply his absence, shall proceed to call the roll of members, and announce whether a quorum be present. Upon the appearance of a quorum, the council shall be called to order, the mayor taking the chair, if present. The council shall appoint a temporary chairman in the absence of the mayor. The council shall then proceed to do business in the order following:
1. The reading of the minutes of' the proceedings of the last preceding meeting or meetings, which, if approved by the council, shall be signed by the mayor, and then attested by the recorder.
Rule V. Every member, previous to his speaking, shall rise from his seat and address himself to the mayor, and say, " Mr. President," but shall not proceed until recognized and named by the chair.
Rule IX. A member called to order shall immediately take his seat, unless permitted to explain. The decision of the chair on points of order shall be conclusive, unless there be an appeal to the council, in which case, the council shall decide the point of order without debate.
Rule XI. No motion shall be stated by the chair unless it be seconded. When a motion is seconded, it shall be stated by the mayor before debate; and shall be reduced to writing, if required by a member.
Rule XIII. When a motion is under debate, no motion shall be received unless for the " previous question, " to postpone indefinitely, to adjourn to a certain day, to lie on the table, to amend, or to adjourn the council.
Rule XIV. A motion for the "previous question, " to lie on the table, or to commit it until decided, shall preclude all amendment and debate; and so also, a motion to postpone indefinitely, or to adjourn it to a certain day, shall, until decided, preclude all amendment to the main question.
Rule XVI. A motion to adjourn shall always be in order, except when a member is speaking, or a vote is being taken, or when a motion to adjourn was the last preceding motion.
Rule XX. These rules may be temporarily suspended by a vote of two-thirds of the council present; and be repealed, altered or amended, by the concurrence of two-thirds of all the councilmen elected.
Rule XXI. The standing committees shall consist of three members each, and shall be appointed by the mayor, annually: and the first person named on the committee shall be the chairman thereof. The standing committees shall be:
Rule XXIII. All questions of order not herein otherwise provided for, shall be decided upon the principle laid down in Jefferson's Manual, so far as the same may be applicable.
The population of Richmond, per tenth United States census, is 1,424; but as this only includes those living within the corporate limits, which are quite narrow, it is much less than the population of the town proper - which is certainly not less than twenty-five hundred. Its population in 1870 was 1,218.
In 1833, a settlement was made where Taitsville now stands. In that year Alfred Williams built the first house erected in what afterward became the corporate limits of Taitsville. His house stood a short distance southwest of lot No. 1, and was burned the year after it was built. Williams died in 1868.
About the same time that Alfred Williams settled at Taitsville, his brother, Thomas Williams, also settled there and built a house on the southeast part of the area now forming the limits of the town.
In 1858, one J. P. Morrison built a small steam mill in Taitsville. The mill was provided without one run of burrs, and the flour was bolted by hand. The engine first used is still in use. After several changes in ownership the mill became, and is now, the property of John Tait, who has repaired and improved it very much. The mill was burned down in 1875, but was immediately re-built. It now has two run of burrs.
In the spring of 1869, McGlothlin & Bailes built on lot number one, the first store house in Taitsville. They occupied the building as a store house, but it is now occupied by W. G. Tait & Bro. In 1873, T. B. Hatfield & Brother established the second store in Taitsville.
Taitsville is situated in the south part of section seventeen, township fifty-four, range twenty-seven, on the west side of the west fork of Crooked river. It is not on any railroad, but is pleasantly situated in a very good farming country. Timber of superior quality and in considerable variety abounds in the neighborhood. The town was made a post office May 24, 1872, and J. H. Hatfield was appointed postmaster. It has mail to and from Richmond, sixteen miles distant, two times per week.
Taitsville was incorporated November 16, 1878, with James Tait, John Tait, William C. Syler, T. B. Hatfield and G. W. Cones, as trustees, appointed by the county court. Tha same persons were elected members of the town board, the first Tuesday in April, 1880. The population of Taitsville, per census of 1880, is one hundred and eight.
Provenance
Text from History of Ray County, Mo., published 1881, in the public domain in the United States and digitised by the Internet Archive. The settlements listed against this township are matched by point-in-polygon test of each Geographic Names Information System coordinate against the Census Bureau's county subdivision boundary, not by name.