The weekly chronicle. (Bozeman, Mont.) 1883-1883, 1883-05-09

directing the officer making the arrest to de-
liver the defendant to the custody OF the per-
son having charge Of the city Jail, and requir-
ing such officer to keep the defendant in close
confinement until such fine and costs shall be
paid, or satisfied by law. Provided, that II
any person so convicted can pay part, and not
all of said fine and costs, the magistrate shall
endorse the same on the order of commitment
and allowance of the same shall be made in
the term of confinement; and provided fur
Their that the Police Magistrate in case Of any
person being convicted and unable to pay fine
and costs, may take good and sufficient secli-
rity for the payment of the same within q
time not more than thirty days, and the party
becoming security shall sign an agreement to
that effect to be entered on the docket. If
payment is not made within the time speci-
fed a commitment shall be made against the
defendant and an action Of debt shall be in
stituted against the security.
SEC. 3. Every able-bodied male person over
the age of twelve years, who has been colil-
mitted to custody in default Of payment of
fine and costs adjudged against him, may be
required by the Police Magistrate to pay the
full amount Of such fine and costs by labor on
the streets or public works Of the city, under
VI
the same rate as for confinement alone. Such
order shall be endorsed upon the order Of
commitment, and it shall be the duty OF the
officer receiving such commitment to execute
the same according to the tenor and purpose
thereof; and every such person who shall re-
fuse to work as required, or do the same in
efficiently or carelessly, shall be returned to
Jail and be placed in solitary confinement or
on a diet Of bread and water, and so kept until
the term of his commitment expires, or he
become willing to work and conduct himself
properly. Any person ordered to work out a
fine and costs as above provided, if he shall
work diligently, and will give security to the
approval Of the Police Magistrate, for his ap-
pearance each morning during the term OF his
commitment, need not be confined in the city
jail at night. The officer or person having
charge of any person working out fine, may
impose any reasonable restraint upon him
to prevent any viOlance or attempt to escape.
SEC. 4. In any suit prosecuted under the
ordinances of the city, commenced by sum-
mons, any defendant demanding trial by
Jury. shall before a venire is issued, advance
the fees Of the jury, and the Police Magistrate
shall enter Judgment according to the verdict
of such jury.
SEC. s. When any fine shall be adjudged
against any woman, or any person under
twelve years of age, or one disabled by any
cause from performing any labor on the streets
of the city, and said person has been commit
ted to prison in default Of paying fine and
costs, and said person has been confined not
less than ten days, If the Police Magistrate Is
satisfied that such person Is unable 10 pay
such fine and costs or any part thereof, II shall
be his duty with the advice and consent OF
the Mayor to discharge such person from
further Imprisonment. But such discharge
shall not operate as a satisfaction Of the 1udg-
ment against such person.
SEC, 6, Persons arrested for violations OF
city ordinances, shall be accorded trial with
all convenient dispatch. If any officer makes
an arrest without warrant, he shall proceed
as soon as practicable to file a sworn conf
plant and procure such warrant.
SEC. 7. Whenever it shall appear that any
person brought to trial for the violation Oh
any city ordinance, that in addition to the
said offence, such person has been guilty Of o
greater or different offense against the laws
of the Territory, it shall be the duty OF the 70
lice Magistrate, in addition to the penalty
imposed by ordinance, to require such person
to enter into recognizance to the Territory for
such other or greater Ofiense to appear ana
answer therefor at the next term OF the DIS
trict Court, and in default thereof shall COM
nit such person to custody.
SEC. 8. Where any person has been arrested
and brought to trial for any alleged violation
of any ordinance, and it shall appear that the
prosecutor or complaining witness has made
md xlyifh
cause, Judgment shall be rendered against
such prosecutor or complaining witness Tor
costs, and the court may issue execution to
recover the same, as on judgment for DEBT;
and whenever the Police Magistrate shall
have reason to believe that any complaint Is
actuated by malice in making complaint,
said magistrate before issuing process may re-
auire the complainant to deposit a sum SUI
ficient to secure the probable costs.
SEC. 8. Ifany person shall resist arrest or
attempt to escape from the marshal or police
man, when in the proper discharge OF his
duty, and after being informed Of the legal
authority and official character of said officer
or being imprisoned and confined for breach
of any ordinance, or held for trial for any
such breach, shall break jail and escape from
such imprisonment or detention, he shall be
fined in any sum not less than five dollars
nor more than one hundred dollars.
SEC. TO- All actions to recover any fines,
forfeitures or penalties for the violation OF any
ordinance, shall be commenced within two
years after the right Of action accrued.
Adopted and approved May Sd, 1888.
Nv. BOGERT, Mayor.
ArrEsT:-J. ]. DAVIS, City Clerk.
A true copy, ]. J. DAVIS, City Clerk.