§ 12-22. Issuance of execution and commitment for nonpayment of fine.  


Latest version.
  • (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 COSTS

    Execution 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.