Democratic banner., 1847-08-30
Town Ordinance.
mo, 45.
AN ORDINANCE REGULATING JUDI
CIAL PROCEEDINGS.
mo. All

ance, shall be sued for before the Town lie
corder, or in case Of his inability to act,
before any justice Of the peace of the town
ship, in the form of an action of debt.
Sec. I'd. The first proceeding i'll any
such action, shall be the filing with the Re-
corder, Tor any justice, in case of inability
of that officer to act, by the Town Con-
stable, or other person prosecuting in his
stead, a statement in writing, substantially
setting forth the nature ofthe offence, so that
the defendant have due notice of the charge
he is required to answer.
Sec. Sd. Such statement may include
several persons charged with the same Of
fence.
Sec. 4th. Upon such statement being
filed, the Recorder Tor justice, as the case
may BEL shall docket the cause in the same
manner in which justices of the peace in
this State are required by law, to docket
cases instituted before them, and shall is
sue a summons or. warrant as the case may
require.
Sec. 9th. A summons so issued shall be
dated on the day it is issued, shall be di-
rected to the town constable or other per-
son legally deputised to act in his stead,
and made returnable on such day as shall
be stated in the summons or warrant as the
case may be, and may be in the following
form
The State of Missouri to the Constable of
the tswR OF Louisiana-greeting:
You are hereby commanded to Sum-
mems A B to be and appear before the un-
dersigned Recorder Cor Justice,) on the
day of -, a. D. -, at t. Of
said day, to answer the complaint of the
inhabitonts of the town of Louisiana, for
the violation of an ordinance entitled There
insert the title of the ordinance, and have
you then and this writ, with a true record
of your doings hereon.
Given under my hand at the town OF
Louisiana, this - day o. ID.
[Signed] E. F. Recorder Tor ]. P.) of
Louisiana.
Sec. 9th. Every summons shall be SER
we'd at least six days before the day of ap-
pearance therein named, and shall be exc
cuted, either LIST. by reading the same to
the defendant, or 3D., by delivering a copy
thereof to the defendant, or 3d., by leaving
a copy Of such summons dt the usual place
of abode with some white person of the
family, above the age of fifteen years, but
in all cases a refusal on the part of the de-
PENDANT to hear such writ read, or to re-
ceive a cpy thereof, the mere offer on the
part of the officer to read the same in his
presence, or to deliver a copy thereof, shall
be a sufficient service of such writ.
Sec. Z. In all cases endangering the
life, health or property Of any person, OF
whenever the Recorder or other officer
shall have reason to believe that the party
accused of the violation of any ordinance
may escape from the jurisdiction of the
court, he may issue a warrant for the ap-
Prehension of the party so violating or &C
cused.
Sec. 8. Such warrant shall be dated the
day it is issued and made returnible forth
with, and may be in the following form:
The State of Missouri to the Constable
of the town of notwithstanding:
These are to command you, forthwith,
to apprehend A B and bring him, without
delay, before the undersigned Recorder (or
Justice acting for the town of Louisiana,
at my Office in the said town, to answer the
complaint of the inhabitants of said town,
for the violation of an ordinance entitled
There insert the title of the ordinance and
have you then and there this writ with your
doings thereon.
TSigned1 A. N. Recorder.
Sec. 9. Such warrant shall be served
by arresting the body of the defendant and
taking him forthwith before the Recorder
or other officer acting for the town. The
Recorders court shall at all times (except
Sundays be opened to hear, try and deter
mine cases in which the defendant may
have been arrested by virtue of a warrant
issued by the Recorder or Justice.
Sec. 10th. In case of any ordinance be-
ing violated in the presence of the town
Constable, the nature of which violation
requiring immediate action, it shall not be
necessary to procure a warrant in order tc
apprehend such offender, but the Officer
shall take him forthwith before the Record
er, and in such cases no warrant shall be
issued, but the Recorder shall enter upon
his docket the facts of the arrest, and BY
whom made; and the officer making the ar
rest, shall return to the Recorder or Other
officer, as the case may be, a written state.
ment of the cause, time and place of ar.
rest