The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1871-09-15
ORDINANCE NO. Q.
RULES OF PROCEDURE FOR RECOVERY
FINES AND PESALTIs,

ORDINANCE NOE.
RULES OF PROCEDURE FOR RECOVERY OF
FINES AND PESALTIs.
Be it ordained by the City Council of the
city of Cairo.
SECTION l. Whenever any fine, forfeit |
ture, or penalty shall have been incurred |
for the breach of any of the ordinances of |
this city, the same shall be sued for before |
one of the police magistrates elected in |
and for the city or before any.court having |
jurisdiction Thereof, in the form Of AN ac-
tion Of debt, in the corporate name Of the
city.
SEC. g The first proceeding in any such
action shall be the filing with the police
magistrate or other court, by the city at
torney, or person prosecuting in his stead,
of a statement in writing as near as may
be in the following form, which shall be
the foundation of all subsequent proceed
ings in the action, to-wit:
"a. b., to The City of Cairo, Dr..
"To-dolars for violation of section No,--oi
Ordinance No. of the city of Cairo.
G. D.. City Attorney.
SEC. 3. No action shall be dismissed for
any defect of form In said statement, if the
ofeEse be substantially set forth SO as to
give the defendant notice Of the
charge which he is required to
answer; and such statement may
include several persons charged
with tho same offense; and upon such
statement being filed, the police magistrate
shall docket the cause in his docket, in the
usual manner required by law, and may is
sde a warrant or summons, as the case may
require.
SEC. 4. A summons SO issued shall be
made returnable in five days, and shall be
| OIL ,.l -, 4, l.g
rs such writs are made returnable by the
laws of this state; and the trial shall be
had thereon the same day Of the return of
the said writ unless good and sufficient
cause be shown for 1.-The contin-
uance of the cause, which may be deter
mined by the police magistrate in his dis
c-etion.
SEC. 3. Upon an affidavit made before
the police magistrate that any person has
been guilty Of II breach of any ordinance,
specifying the same, the police magistrate
may issue warrant for the apprehension
Of the party accused which warrant sha ]
refer to the affidavit, and the name Ct
the individual making the same,
upon which said warrant is issued, and
shall be otherwise in the form heretofore
used in such proceedings.
SEC. 6. Such warrant shall be served by
arresting the body of the defendant, and
taking him forthwith before one of the po-
lice magistrates, If during business hours
, and every person SO arrested shall be en-
Q titled to trial within twenty-four hours
from the time of his arrest, Except when
Sunday shall intervene,) unless good cause
for continuance be shown, or the trial il
G postponed from unavoidable circumstances
: and the officer making the arrest may keep
IS the defendant in custody by committing
= him TO the city Jail until the trial.
@ SEC. 7. No summons or warrant shall
c issue againt n person who may have been
# arrested and brought before police mag
d istrate without warrant, in any cas-,
d where such arrest is authorized bu
/ the police magistrate or other cour
v shall enter upon his docket tn,
II fact and cause of his arrest, and by whom
d made; and the officer making the ares
II written statement of the cause, time, an,
"a place Of arrest
A. SEC. 8. Any person in the custody of tn,
10 city officers, for violation Of any ordi
ST nance, may be admitted to bail by execut
or ing bond to the city, with sufficient Sc
curity, TO be approved by the police mag
" istrate, in double the amount of the penal
o. ty for the oflense charged, conditioned tina
Ill he will appear upon day therein named
IS, before the police magistrate, and answe
m, the accusation for which he has been al
r. rested, and not depart the court withou
20; leave, which bond shall be attested by tn
er police magistrate, and note thereof shal
81 be entered upon his docket.
I'm SEC Q. If the defendant fail to appea
IL according to the condition of the bond, O
rs. appearing shall depart the court witho,
to leave, the police magistrate shall enter u
to judgment against him and his securiti,
ell for the penalty Of said bond and all cost
rst SEC 10. party in custody who cannt
he be tried because of the absence Of witness,
ers or other cause, and who cannot give ba
,us for his appearance, may be confined in Il
lis city Jail not exceeding three days, and i
such case the police magistrate shall d
Tor liver to the officer making the arrest
on commitment, stating tho cause Of the
he tention.
APP SEC. II. Applications for continuanc