White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1870-09-29
City Ordinances.
New Series.
Ordinance No. 8.
MAYORS COURT.

Ordinance No. 8.
MAYORS COURT.
r. IL s,daised By the MlSor aad Coaneil,nea OF
lie Cify Of While Ciond:
Aecr1os J.. All flies and penalties for vio-
,ation of any Ordinance Of the City Of White
fyIoud. which by Ordinance Is made q risde-
meanor, shall be prosecuted before the Mayor;
and no pro.eention shall be conmenced ursier
such ordinance, until ar afiavit shall be { led
With the Mayor, charging the violation of same
oue Of the Ordinances aforesaid. which aida
Wit shal be in form substantially as follows:
Before the Mayor Of the City of White Cloud.
The City Of White Cloud, Pi'f,
John Smith Defendant.
The State Of Kansas. Doniphan County: %.
Before me, A. B Mayor Of the City of White
Cloud. in said Doniphsn County, personally
came c. D Who upon his oath says. that on
or about the - day Of -, A d. 1877,
there describe the offense committed. in the
ords of The Ordinance defining the otfense J
and this depouent says that one E. F. is guilty
of the fact charged. as he verify believes.
s.sra sS,sseu &c and subscribed before me. at the
City Of White Cloud. this - day Of -,
A. d. ls7-. A. b., Mayor.
SEC 9. All City officers may arrest any
person violating any Ordinance. the .iolator
Of which is made a misdemeanor; such Officer
shall Immediately take such offender before
the MAYOR OF the City. and make & affidavi
required in section one of this chapter.
SEC. g. All fnes and penalties for violation
of any Ordinance Of the City of White Cloud
excep. those named in section one Of thi,
chapter, shall be recoverable by suit, in the
nature of an action Of debt. before the Mayor
and no suit shall be commenced or judgmen
rendered, in any case. until q statement shal
be 6!ed with the Mavor. signed by the Cit.
Attorney or the person nc ing in his stead
which statement shall be in form substan tall,
as follows:
Before the Mayor of the City Of White Cloud
The City Of White Cloud. Pl'f,
| against \ Complaint
John Smith. Defendant.
Plaintiff complains Of Defendant, Johl
Smith. and for cause Of complaint. alleges tha
said Defendant, on the - day Of -, A
d. l61-, did violate an Ordinance of sal,
City. by there insert the particularly, to tb
damage Of the Plaintiff Of -- dollars.
A. B.. City Attorney.
Such statement may be founded either upo
the personal knowledge Of the City Attorney
the official report. made to him in writing. o
some officer or policeman of the CITY. the aft
davit of some qualified person, charging ano
ther with violation of some Ordinance, o
the voluntary appearance Of person guilty o
such violation.
SEC 4. II shall be the DUTY Of each an
every officer of the City Of White Cloud {
inform the City Attorney. ~ soon as practices
BILE, Of all violations If the Ordinances of sai
City. whenever any such violation shall com
to his knowledge; such information shall be j
writing, signed by th.. officer making the SAINT
and slal! have endorsed thereon the names G
the witnesses to such violation. Thereupo
it shall be the duty OF the City Attorne,
Whenever. in His opinion, an action can b
maintained against the person o. persons G
complained Of, {" institute proceedings befor
the Mayor, by filing statement, as provide
for in section three of this Ordinance.
j SEC 5. Such statement may include seve
al persons charged with the same violation
but persons jointly accused shall have a sep,
rate trial, if they demand it before the trial
begun.
i. s C UpoR the statement beinc fici, th
Mayor shall issue summons, returnable forii
with. unless he has good reason to believe tha
the defendant is non resident of the City
|
} said City. or unless the violation charged b
such as would, in the absence Of any CITY o
dinancc. be punishable BY the general laws
the State, as a crime or nis!cmeanar; and !
this case, the affidavit of the Informant, or q
official report If some officer of the City. sh,.
accompany such statement, and thereupon TIL
Mayor shall issue a warrant for the appr, hen
sion Of the .fI"bder.
SEc Z. Such summons shall be served b,
reading the same to the defendant therein
med, (or in case Of his refusal TO hear suci
summons read. By offering to read the same t,
him. or by leaving a copy thereof az the Us ua
place of abode of said defendant.
SEC 8. No summons or warrant shall b,
issued against a person Who shall have beer
lawfully arrested and brought be fore the Nav
or without a warrant, hut in every such case {
fiial shall be haa upon the statements c ntain
ed in the affidavit, il the arrested party be
charged with a misdemca;oI; in other cases
trial shall be had upon the statement of The
City Attorney, based upon the written repor
TO he made Pursuant to the provisions of Iii.
ordInsnce, and the Mavor shall allow a rea
sonable time Tor the filing Of such statement
Src. y. 10 all trials for violation of Ord
| nancrs Of the City, the cause shall be heard
and determined il a summary man er. unless
Tor good csu=e shosn, the Mayor shall post
pune the same.
SEc 10. A person arrested for q violation
! Of Ordinance. may be h I'D to bail by executins
bond to the City. with sufficient security. "a
be approved by the Mayer, in double the
amount Of the hishes: p..zaIty provided by Or
dinance for the violation alleged. conditioned
that he will appear upon a day named therein
be fore the Mayor, 10 answer for the violation
OF which he is accused, and there to await hi,
trial Of the charge pending or TO be prefered
| against him.
SIC. H. Such bond, when approved, shall
be filed in the Office of the Mayor, and II ths
principal therein shall fail to appear accordipe
to the conditions Of his said bond, or having
| appeared. shalt depart the Court without leave
the Mayor shall, on motion Of the City Attor.
ney, declare and sdjudge such bond TO be for.
feited, and render judgment against the prin
cipal aud sureties therein for the amount oI
the penalty in said bond mentioned, together
With costs, and hail issue execution the reior
SIC. l2. lfthe principal in any bond which
shall have been forfeited, and judgment rem
dered thereon. as provided in the preceding
lection. shalI personally appear before the
Mayor within i've days after the rendition of
such Judgment and make his application, sup
ported BY affidavit, showing good cause there
Tor, the Mayor nay, on pay ayment Of all accrued
costs. set such judgment aside
SIC. H. Persons In custody, who cannot he
tried because Of the absence Of witnesses or
other cause. shall. in default of bail for ap-
pearance, be committed to the City prison an-
ill rriai be had. In such cases, the Mayor
shall deliver to the Marshal = commitment.
stating therein the cause Of detention.
SIC "a. When defendant. duly summon
ed, fails tn appear at the time the suit is called
for TRIAL, the Mayor shall hear and examine
the testimony offered on the part Of the CITY,
and shall render judgmt ut by default Tor suca
a,nourt, under the Ordinance, as be may deem
Just to require