The Benton weekly record. [volume] (Benton, Mont.) 1880-1885, 1883-05-12

over the age of twelve years, who ha
been convicted as above provided and beer
committed tc custody iii default OF pay
ment of fine and costs adjudged agains
him, may be required by the Police Mag
istrate before whom the trial was had, tt
paw the full amount of such fine and cost;
by labor on the streets or public works o.
the city, under the charge Of some deslg
mated officer of the city, at the same rate
allowed for confinement alone. In case
such order be made it shall be endorsed
upon the mittimus and it shall be the duty
Of the officer receiving such commitment
so endorsed to execute the same according
to the tenor and purpose thereof, and every
such person who shall refuse to work as re-
quired or do the same inefficiently, care.
lessly or grudgingly, shall be returned tc
iail and be placed in solitary confinement
on diet of bread and water, and so kept
| till the term of his commitment expires OF
| he is willing to work and conduct himself
properly. Any person, duly convicted
fined and ordered to work out the same as
above provided, if he shall work dill
gently, and will give security to the APP
proval of the Police Magistrate, for his ap-
pearance each morning during the term O.
his commitment, need not be confined TO
the city Jail at night during such time.
The officer or person having charge of any
convict working out fine may impose any
reasonable restraints upon the person re-
quired to labor, to prevent any violence or
attempt to escape.
Sec. 4. In any suit prosecuted under
the ordinances of said city, either party
demanding a trial by jury, shall before a
venire is issued advance the fees of the
jury, and the magistrate trying the action
shall enter Judgment according to the ver-
diet of such jury.
Sec. 5. Where any fine for breach OF
any ordinance shall be adjudged against
any woman or any person under twelve
wears of age or one disabled by any cause
from performing labor on the streets OF
said city, and such person has been COM
mitted to prison in default Of paying fine
and costs, and such person has been con-
fined not less than ten days, if the Police
Magistrate is satisfied that such person is
unable to pay such fine and costs or any
part thereof, it shall be his duty with the
advice and consent of the Mayor of said
city to discharge such person from further
imprisonment, but such discharge shall
not operate as satisfaction Of the iudg-
ment against such person only pro tanto.
Sec. 6. Persons arrested for violation of
city ordinances shall be accorded trial
with all possible dispatch. If any officer
makes an arrest without warrant, he
shall proceed as soon As may be convent
entlyto file a sworn complaint and procure
such warrant.
Sec.7. Whenever it shall appear in the
case Of any person brought to trial before
the Police Magistrate for the violation of
any city ordinance, that in addition to the
said offense such person has been guilty of
greater or different offense against the
laws Of the Territory, it shall be the duty
of said magistrate, in addition to the pen
atty imposed by city ordinance, to require
such person to enter into recognizance to
the Territory for such other or greater Of
tense, to appear and answer therefor at
the next term Of the District Court, and in
default thereof may commit such person to
custody Of the Sheriff of Choteau county.
Sec. s. Where any person has been ar
rested and brought to trial for an alleged
violation of any city ordinance, and ifis
shall appear that the prosecutor or com
planning witness has acted maliciously and
without probable cause, judgment shall be
rendered against such prosecutor or COM
planning witness for costs, and the court
may issue execution to recover the same as
on Judgments for debt. And whenever
The Police Magistrate shall have reason to
believe that any complaint is actuated by
malice in making complaint, said magis-
trate, before issuing process, may require
SoiApiaiAdHl ~ NEpCSlt suLltltflt Suiil W
cover probable costs.
Secs. If any person shall forcibly re-
sist arrest or attempt to escape from the
Marshal or any policeman when in proper
discharge of his duty, and after being in
formed Of the legal authority and position
of such officer, such person shall be
deemed guilty of a misdemeanor, and fined
therefor not less than one hundred dollars.
See. 10. All actions to recover any fines,
forfeitures or penalties, for the violation of
any ordinance of this city, shall be com-
menced within two years after the right OF
action accrued.
Passed and approved May 5th, 1889.
WILLIAM G. CONRAD, Mayor.
Attest; HORACE r. Buck. City Clerk.
Man of 62 Accused of RigamY.