Effective – 02 Jan 1979 542.010. Magistrate defined. — The term “magistrate”, as used in this chapter, shall mean those officers authorized by section 542.020, to issue process to preserve the peace, unless from the context of the law it appears that the term refers to magistrates created by Section 18 of Article V of […]
Effective – 02 Jan 1979 542.020. Certain officers to preserve peace, issue process. — The following officers shall have power and jurisdiction to cause to be kept all laws made for the preservation of the public peace, to issue process for the apprehension of persons charged with criminal offenses, and hold them to bail; require […]
Effective – 28 Aug 1939 542.030. Warrant may issue, when. — Whenever complaint shall be made in writing, and upon oath, to any such associate circuit judge, that any person has threatened or is about to commit any offense against the person or property of another, specifying the offense and person complained against, it shall […]
Effective – 28 Aug 1949 542.040. Proceedings before associate circuit judge — jury — verdict — recognizance — costs. — Upon such person being brought before such associate circuit judge, the associate circuit judge shall summon all witnesses which either party may require, and cause the matters charged in the complaint to be inquired into […]
Effective – 28 Aug 1939 542.050. Recognizance — penalty for failure to give. — If such recognizance be given, the party complained of shall be discharged; but if he fail or refuse to find surety it shall be the duty of the associate circuit judge to commit him to prison until he find the same, […]
Effective – 28 Aug 1939 542.060. Parties committed, how discharged. — Any person committed for not finding surety of the peace, as above provided, may be discharged by any associate circuit judge authorized to bind to the peace, within the county, upon giving such security as was originally required of such person; provided, that after […]
Effective – 28 Aug 1939 542.070. Recognizance, where deposited. — Every recognizance to keep the peace, taken by any associate circuit judge pursuant to the foregoing provisions, or pursuant to any other statute, shall be transmitted by such associate circuit judge to the clerk of the proper court of the county, on or before the […]
Effective – 28 Aug 1939 542.080. Recognizance, when broken. — No recognizance to keep the peace shall be deemed to be broken unless the principal in such recognizance be convicted of some offense amounting, in judgment of law, to a breach of such recognizance. ——– (RSMo 1939 § 3798) Prior revisions: 1929 § 3408; 1919 […]
Effective – 28 Aug 1939 542.090. Recognizance to be prosecuted, when. — Whenever evidence of such conviction shall be produced to the court in which the recognizance is filed or taken, it shall be the duty of the court to order such recognizance to be prosecuted, and the prosecuting attorney shall proceed thereon accordingly. ——– […]
Effective – 28 Aug 1939 542.100. Offense stated in record is evidence of breach. — In the action on such recognizance the offense stated in the record of conviction may be assigned as a breach, and such record shall be conclusive evidence of the matters therein stated. ——– (RSMo 1939 § 3800) Prior revisions: 1929 […]
Effective – 28 Aug 1939 542.110. Appeal granted, when. — Any person convicted under the provisions of sections 542.020 to 542.140 may take an appeal from the judgment of the associate circuit judge to the court having jurisdiction of the appeal, if he shall, on the day of the rendition of the verdict, file an […]
Effective – 28 Aug 1939 542.120. Recognizance forfeited on failure to prosecute appeal. — When any person shall have taken an appeal, under the provisions of sections 542.020 to 542.140, and fails to appear, the court shall forfeit his recognizance, and order it to be prosecuted, unless reasonable excuse for the default be shown. ——– […]
Effective – 28 Aug 1939 542.130. Proceedings on appeal. — If the judgment of the associate circuit judge shall be affirmed, or if, upon a trial in the court to which the appeal is taken, the defendant shall be convicted, the court shall require a new recognizance in a sum not exceeding one thousand dollars, […]
Effective – 28 Aug 1939 542.140. Affray in presence of associate circuit judge. — Every person who, in the presence of any associate circuit judge above specified, or of any court of record, shall make an affray, or threaten to kill or beat another, or to commit any offense against his person or property, and […]
Effective – 02 Jan 1979, 2 histories 542.170. What officers may require aid of persons to disperse rioters. — If the persons assembled, as indicated herein, shall fail to disperse without unnecessary delay, the following associate circuit judges shall each, in the order in which they are herein named, have power and authority to require […]
Effective – 28 Aug 1955 542.190. Special deputies and policemen to be residents of state. — No sheriff of a county, mayor of a city or other private person authorized by law to appoint special deputies, marshals or policemen in this state to preserve the public peace and quell public disturbances shall appoint as special […]
