81.030. Census, how taken--false return, misdemeanor (fourth class cities, special charter cities and towns).
Census, how taken--false return, misdemeanor (fourth class cities,special charter cities and towns).
81.030. 1. Any such city may at any time, by ordinance andat the expense of the city, cause an enumeration of itsinhabitants to be made, and its population ascertained, and suchcensus, when so taken, shall have like force and effect as astate or national census to authorize such city to proceed insecuring such other incorporation as its population may entitleit to under the laws and constitution of this state, and for anyother purpose that the laws may require, or have any other act orthing to be done making the population a basis thereof; andshould the board of aldermen, councilmen or trustees fail orrefuse to pass an ordinance for the taking of the census, whenrequested in writing to do so, then a petition may be presentedto the board of aldermen, councilmen or trustees, signed by notless than twenty-five resident citizens of such city or town,asking the board to pass an ordinance providing for the taking ofthe census of such city, and the board shall then pass anordinance providing for the taking of the census; and should theboard of aldermen, councilmen or trustees fail or refuse to passan ordinance providing for the taking of the census within thirtydays from the date of filing said petition with the city clerk,then the mayor shall, by proclamation, order the city marshal totake the census of such city, and when taken by the city marshal,under the proclamation of the mayor, it shall have the same forceand effect in law as if taken under an ordinance passed by theboard of aldermen, city council or board of trustees.
2. Any person taking such census shall make return thereof,under oath, and file the same with the city clerk, and after saidcensus is returned in either of the above modes, all courts ofthis state shall take judicial notice of the population of suchcity or town; provided, however, that the census shall not betaken in any city or town oftener than once every two years,unless the board of aldermen, councilmen or board of trusteesshall be of the opinion that the public good demands and requiresa new census, when they may provide for it.
3. Any person failing or refusing to comply with thissection, or any person who shall make a false return, shall bedeemed guilty of a misdemeanor, and shall be punished by fine notless than ten dollars or more than one hundred dollars, and maybe ousted from office.
4. This section shall apply to cities of the fourth class,and towns and villages, and cities and towns under specialcharters.
(RSMo 1939 § 7522)Prior revisions: 1929 § 7369; 1919 § 8783; 1909 § 9639