, 1862-05-17

AN ORDINANCE defining the duties of the City Re
corder, and regulating practice before him.
The people of the city OF Walla Walla9o ordain as
SEC l. The Recorder CT CT ,e CITY shall be eonser
vator ofthe Peae %thn the limits of the city, and
shall nv exclusive jurisdiction OF complaints Tor the
violation of any city ordinance and suits on bail bonds
in favor of the CITY, and he shall have such other urs
diction as may be conferred by law ordinance Ihat
the CITY Recorder before entering upon the discharge
of the duties of his office, shall give bond to the peo
Me Of the CITY of Walla Wala, in the penal sum Of
s5OO with at least two sureties, conditioned Tor the
faithful performance Of his duties according to law
said bond to be approved by the Board OF Common
Council.
SEC. 3. Upon complaint made on oath before him.
charging any person with violation OF any city ord
nance punishable by fine or Imprisonment, he shall Is
sue his warrant for the arrest Of such person directed
to the City Marshal or either of his deputies, and
cause the person charged with the ottense to be
brought forthwith before him for trial.
SEC 3. When a violation OF an ordinance relating TO
the Dubc peace of the city takes place. IN view OF the
Recorder he may by verbal order to the Marshal or
either of his deputies the person guilty OF such
violation to be brough before him and retained III GUS
tody not exceeding two hours, but such person shall
not be put upon his trial or held in custody exceeding
two hours unless a complaint on oath shall be made
against him.
Recorder he shall enter the cause in his docket, and
if the defendent be arrested he SHALL unless contlnu
ance be granted, proceed Immediately 10 the traI o
said cause. A continuance OF cOullHudlCeS may De
granted for period not exceeding thirty days III all,
but in Ill cases the Recorder shall be satisfied from
the showing Of the party OF the circumstances o the
case within the knowledge of the Recorder that good
cause exists and that justice requires continuance to
be granted and IN case continuance for more than
three days shall be asked the party asking the same
shall set forth in affidavit the grounds upon which
the application is based. Every defendant, on giving
bail for his appearance, shall be entitled to continue
his cause for wenty-four hours without showing any
cause.
shall if the defendant offers the same, take bail for
the appearance of the defendant Said bail shall be
taken py bond in favor Of the city with one or more
sufficient suretes residing in the city, and shall be in
amount not less than fifty nor more than one hundred
jllars.
SEC g. No defendant shall be tried while in a state
of ntoxication but if he shall appear or be brought
before the Recorder in such state he may, unless up
on BAIL be committed to Jail until he becomes SOBER
not exceeding the period Of twentyfour hours
SEC Z. The city may appear by the City Attorney
or such counsel as the City Council or Mayor may Sc
lect and employ for that purpose And the defendant
NAV appear by himself counsel, but the city shall
in no case be made liable for the fees OF defendants
counsel.
lation of city ordinance, unless the defendant shall
plead guilty the Recorder shall swear the witnesses,
and without the Intervention Of jury proceed to hear
and determine the in the manner as nearly as
NAV be in which criminal complaints are heard and
conducted before justice Of the peace In case OF
plea of guilty witness shall be necessary, but either
party may introduce witnesses in aggrayation or mit
cation of the otense.
SEC g. When a person shall be convicted upon trial
or upon a plea Of guilty, the Recorder shall atx the
penalty within the limits prescribed III the ordinance
establishing the otfense and in all cases where the
penalty prescribed in the ordinance is fine or impris
onment the Recorder may both fine and imprison, or
imprison without fning, or fine without lmprsonng,
within the limits pres 3ribed, he may deem the Of
Tense demands and in all cases Of conviction the de-
fendant shall be adiudged to pay the costs in addition
e. any other penalty which may be inflicted.
SEC 10. Upon the rendition of Judgment for fine
the Recorder SHALL unless the be paid forthwith
issue his warrant directed to the Marshal either Of
his deputies commanding him to levy said fine and
costs of the gOod1 chattels and personal property of
the defendant and for want Of goods, chattels and
personal property sufficient to satisfy the amount due
upon said warrant to take the body Of the said defend
ant and commit him to the jail of the city, until such
fine and costs be paid or until he be duly discharged
according to law and in case imprisonment be the
punishment, or portion Of the punishment inflicted
the warrant shall farther command the said Marshal
or either of his deputies to conne the defendant in the
iail or house of correction Of the city for the period
adudged against him, which period shall be specified
In the warrant.
SEc.Il Whenever a defendant on bail shall fail to
as bv the terms of his bond he is required to do
t6e Recorder shall enter such failure to appear upon
the bond which shall be conclusive evidence of the
forfeiture thereof and SHALL under the direction Of the
Attorney of the city, summons to issue against
the principal and sureties upon said bonds requiring
day shall be not less than three than ten days
from the date of said summons and show cause why
Judgment shall not be rendered against them and
hearing if no good and sufficient shall be shown
he shall render judgment against all the parties liable
upon said bond who may be served with process for
the amount of the penalty OF said bond and COSTS and
shall forthwith issue an execution upon said Judgment