§ 12-22. Issuance of execution and commitment for nonpayment of fine.
(a)
Upon the rendition of any judgment in the municipal court imposing a fine or penalty, if the defendant does not immediately pay the same, an execution and commitment shall be issued against the defendant for the amount of such fine or penalty and costs, the form of which shall be substantially as follows:
EXECUTION AND WARRANT OF COMMITMENT
FOR FINE, SENTENCE AND COSTSExecution and Warrant of Commitment for Fine, Sentence, and costs
No._______
_______ 19_______
CITY OF BLACK JACK, Plaintiff
vs.
_______, Defendant
_______
CHARGE:
_______
Fine $_______
Sentence _______
Total $_______
Paid on Account $_______
Committed On _______
Penal Record
CR. By Labor _______
CR. By Parole _______
CR. By Cash $_______
REMARKS: _______
Time of Release: _______ day of _______, 19_______ Brought before me for release:
This _______ day of _______ 19_______
_______
CLERK
Age_______ Height_______ Ft._______ In._______
Married_______ Single_______ Widowed_______
Occupation _______
Residence _______
State of Missouri
City of Black Jack
SS.
Execution and warrant of-commitment for fine, sentence, and costs
To the City of Black Jack, Missouri, or any duly authorized peace officer of the State of Missouri.
WHEREAS, By the Judgement and sentence of Municipal Court, City of Black Jack, on the _______ Day of _______, 19_______ WITHIN _______ Named Defendant was fined $_______ and sentenced to serve _______ imprisonment and assessed $_______ costs for violation of Ordinance of said City. It is thereupon adjudged by said court that said City have and recover from said defendant said fine of $_______ and costs of $_______. And that defendant be imprisoned in the _______ of the City of Black Jack, or in the jail of the County of St. Louis, until said sentence is served and said fine and costs are paid, and you are therefore commanded to take the body of said defendant and forthwith commit same to the custody of jailer of the City of Black Jack, or the County of St. Louis, Missouri, who is hereby required to keep the body of said defendant, as required by law, for _______, and one day for each $_______ of said fine and costs, assessed as aforesaid, or until said defendant be otherwise discharged by due course of law.
GIVEN UNDER MY HAND THIS _______ DAY OF _______ 19_______
_______
(Appropriate Officer) of the _______ Court of the City of Black Jack, Missouri.
Form "A"
(b)
In the event a fine is assessed and it appears to the judge that the defendant does not have at that time the present means to pay the fine, the judge shall order a stay of execution on the payment of the fine and shall follow the procedures provided in the Missouri Revised Statutes and the Missouri Supreme Court Rules, including, but not limited to, Rule 37.65, regarding the collection of such fine.
(Ord. No. 163, Art. 1, § 16, 2-1-77; Ord. No. 1102 , § 1, 2-21-17)
State law reference
Installment payment of fines, RSMo. § 479.240.