The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1889-02-16
ORDINANCE NO. =,

ORDINANCE NO.
Prescribing the manner of hearing in the court
Of the police magistrate.
Be it ordained by the City Council of Livingston
City:
SEC I. That all actions, whether in form civil
Ur criminal. brought to punish any violation or
to recover any fine, forfeiture penalty for a
breach or violation of a ordinance now or
hereafter to be in force in This city, shall be com
menced before the police magistrate OF this city
SEC. 2 That in all actions for the violation of
any ordinance the first process shall be sum
mons, provided however, that u warrant for the
arrest of any person charged with violating any
ordinance shall be issued by the police magls-
trate upon the filing of sworn complaint or atii-
davt by any person, setting forth that the person
making said complaint affidavit has reasonable
grounds to believe and does believe that the per-
charged is guilty of violating the ordinance,
giving the title of the same and of the otfense
mentioned in the complaint or affidavit, which
shall contain brief description of the nature of
the offense, substantially required of criminal
complaints under the statutes of Montana terri
tory
SEC. 3. The warrant in such cases shall briefly
describe the offense, shall be returnable forth
with and shall run in tie name of "the territory
of Montana and be directed to the sheriff. con-
stable, marshal or any policeman Of the city OF
Livingston. At the option of any officer com
mencing the same suit may be commenced by
summons for the recovery of the fine prescribed
by ordinance for any violation of the same, in
which case no sworn complaint Or affidavit may
he required. All actions, whether in their nature
civil criminal, shall be in the name of the
"Clty of Livingston" At the time named in the
summons, which must not be less than four days
nor more than ten days before the trial, whether
the defendant appear or not, upon proof of serv-
ice the magistrate shall proceed to trial and on
conviction shall enter judgment for fine and costs
and issue execution therefor.
SEC. 4. If any person arrested under warrant,
as provided in the preceding section, shall on
trial be convicted and shall not Immediately pay
the full amount of his her fine and costs, the
magistrate rendering judgment shall forthwith
issue mittimus or commitment substantially in
form as under the statutes OF Montana territory,
directing the officer making the arrest to deliver
the defendant to the custody of the person having
charge of the city jail and requiring such officer to
keep such defendant in close confinement until
such fine and costs shall be paid or satisfied by
law; provided, that if any person convicted can
pay part and not all of such fine and costs, the
magistrate shall endorse the same on the order of
commitment and allowance OF the same shall be
made in the time of confinement: and provided
further that the police magistrate, in case of any
person being convicted and unable to pay fine and
costs, may take good and sufficient security for
the payment of the same within time not more
| than thirty days, and the party becoming security
shall sign agreement to that effect to be en-
tered ON the docket. If payment is not then made
within the time specified, a commitment shall is
sue against the original defendant, and an action
for debt shall he instituted against the security.
Sec. j. Every able-bodied male person over
the age of twelve years who has been convicted a.
above provided, and been committed to custody
in default of payment of fine and costs adjudged
again st him, may be required by the police magis
| trate before whom the trial was had to pay the
full amount of such fine and costs by labor the
streets or public works of the city, under the
charge of some designated officer of this city, at
| the same rate allowed for confinement alone, In
such order be made it shall be endorsed upon
the mlttimus, and it shall be the duty of the Off
| Ger receiving such commitment SO endorsed to
execute the same according to the tenor and pur-
pose thereof, and every such person who shall
refuse to work as required, or do the same inef
| fciently carelessly, shall be returned 10 Jail
and be placed in solitary confinemnt on uiet OF
| bread and water and SO kept till the term Of his
| commitment expires Or he is willing to work and
conduct himself properly Any person duly con-
vIcted, fined and ordered to work out the same
as above provided, if he shall work diligently and
will give security to the approval of the police
magistrate for his appearance each morning dur
| ing the term of his commitment, need not be con
| fined to the city Jail at night daring such time.
| The officer person having charge of any con
| vic, working out fine may impose any reason
| able restl aint upon the person required to labor
| to prevent any Violence or attempt to escape.
| Sec E. When any fine for breach of amy ordi
nance shall be adiudged against any woman o.
any person under the age of twelve years, or on'
disabled by any cause from performing labor OF
the streets of said city. and snch person has beeI
committed to prison in default of paving fine an,
costs, and such person has been confined not les
than ten days, if the police magistrate is satisfied
! that such person Is unable to pay such fine an