Arizona citizen., 1873-03-08
NEW REFRESHMENTS
ORDINANCE No. 10.
T IS ORDAINED BY THE MAYOT

lllage of tucson, over tWenty-One anu under fifty years of age, shall be required to perform, either in person or by substi- tute, one days labor on the public streets of the said Village of Tucson, which labor shall be performed at any time during the year when required by :he Marshal tr, in default of performing labor, shall pay to the Marshal the sum of two dollars When ever the labor required by this secti"n has been peri, rmed by any person, or, instead thereof, money paid, the Marshal shall deliver to the person entitled thereto a proper receipt signed by the Mayor and Recorder of the Village of Tucson, and' countersigned by himself, specifying in said receipt whether received in money or laoor and no receipt shall be given for labor per formed upon the streets unless one full days work has been performed to the satisfaction of the Marshal.
 Sec. 2. The Marshal shall give at least three days notice, in writing, to each per son subject to tax to appear on a certain day and hour named, and at a certain place, to do and perform the labor required of him by section one of this ordinance; and any person thus notified, who shall fail to appear, either in person or by substitute, at the day, hour and place designated in said
 
 perform the labor required of him, shall be considered as delinquent and shall be proceeded against as such. and the Marshal shall proceed to collect of him in money the sun of two dollars in manner and form as hereinafter provided; provided, that nothing herein contained shall be so con- strued as to prevent the M rshal from &C., cepting labor at any time from the delin- L .l II Any person who shall have been prevented by sickness from appearing pursuant to mo- tice, and who shall present to the Recorder a certificate from any physician, or three respectable citizens of the village, certify ing to his disability to perform the req uired labor, shall not be liable as a delinquent under the provisions of this ordinance.
 Sec. 3. Whenever any person shall be declared a delinquent, as provided in sec- ton two of this ordinance, it shal, be the duty of the Marshal to levy upon any prop erty of said delinquents which may be found, and to sell the same at auction, to the high est bidder for cash, or so much thereof as may be necessary to pay the amount of his delinquency, and the cost of levy and sale provided, no sale shall be valid unless due notice thereof has been posted in three of the most public places in the village, of the time and place of such sale, together with description of property to be sold, at least five days previous thereto. The Marshal shall be entitled to charge three dollars for his services in levying upon and advertising property, and for selling the same, and the same shall not, in any manner, become village charge
 Sec. 4. Moneys, credits and effects of the delinquent may be attached in the hands of third parties by the Marshal, by delivering to the party having such credits, moneys or effects of the delinquent, written order of garnishment, requiring said party to pay him the sum of money due by delinquent, and if the person thus served with notice shall pay the amount demanded, the Mar shal shall deliver to hiln receipt therefor, including the cost and charges allowed to the Marshal, viz: three dollars; and the receipt thus delivered shall be legal offset to any claims existing against he party girni, heed in favor of the delinquent. If the person on whom the garnishment is served should neglect or refuse to pay to the Marshal the sum demanded of him, within five days after receiving said notice, the Marshal shall apply to the Recorder for an order requiring said person SO served as aforesaid, to be and appe IT before him forth with, or OF certain day named in said Oruer, to answer, under oath, concerning any moneys, credits effects in his hands belonging to the delinquent; and if it shall appear by the answer of the party, to the satisfaction of the Recorder, that he has moneys, effects or credits in his hands be- longing to the delinquent, the Recorder shall enter in his docket judgment against the party thus examined for the sum of five dollars and costs-twO dollars of which shall be paid to the Village Treasurer, and three dollars to the Village Marshal for his serv- ices. Upon receiving the said sum of five dollars, the M arshal shalt execute a receipt for the sum of two dollars, signed by the Mayor and Recorder, and cOuntersigned by himself, anu a receipt for the remainder signed by himself. The judgment rendered against the person served with garnishment shall be collected in the same manner as other judgments in justices courts, and shall be legal offset against the delinquent in favor of the judgment debtor.
 Sec. 5. The Marshal shall keep a cor rect account of all moneys collected by him for street purposes, together with the names of persons who pay in cash, the amount paid by each, the name of those who per form labor, the number of days work per- Iinouents. He shall be allowed for each day actually and necessarily employed in carrying into effect the provisions of this ordinance the sum of three dollars per day and the additional sum of twenty five cents on each tax collected in cash; provided that the time occupied in collec ing said