The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1889-02-16
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costs. or any part thereof, it shall be his duty
with the advice and consent of the mayor of this
city, to discharge such person from further i'm
prlsonment, but such discharge shall not operate
| as satisfaction of the judgment against such
person.
SEc.7. Persons arrested for violation of city
ordinances shall be accorded trial with all con-
Venlent dispatch. If any officer makes an arrest
without warrant he shall proceed as soon as
| may be convenient to file sworn complaint and
| procure such warrant.
| SEC. 8. When it shall appear in the case of
person brought to trial before the police magis
trate Tor violation of any city ordinance that in
ADDITION TO the said OffenSe such person has been
guilty of greater different offense against the
laws OF the territory, it shall be the duty of said
magistrate. in addition to the penalty imposed by
city ordinance, to require such person to enter
into recognizance to the territory for such other
or greater ofense, to appear and answer therefor
at the next term of the district court, and in de-
| fault thereof nav commit such person to Gus
tOdy.
SEC; 9. When any person has been arrested and
brought to trial for an alleged violation of any
city ordinance, and if it shall appear that the
prosecutor or complaining witness hae acted ma
liciously and without probable cause, judgment
shalI be rendered against such prosecutor or COM
plalnlng witness for costs and the court may issue
execution to recover the same on judgments
Tor debt. And whenever the police magistrate
shall have reason to believe that any complainant
Is actudted by malice in making complaint, said
magistrate, before issuing process, may require
the complainant to deposit sufficient sum to
cover probable costs.
rest or attempt to escape from the city marshal
or any policeman when in the proper discharge of
his duty, and after being informed of the legal
authority and position Of sucl. officer, or shall
cape or attempt to escape from the place where
he is assgded to work, by proper order and au-
thorlty, in discharge of his fine and costs, such
person shall be deemed guilty of misdemeanor,
and on conviction thereof shall be fined not less
than s. nor more than 500.
SEC. II. All actions to recover any fines for
FIXTURES penalties for the violation Of any ordi-
cpI
year after the right of action accrues And In all
cases wherein judgment is entered against any
person Tor fine and costs the same shall stand
good against such person until paid by work on
the streets or other public works of the city, at
the rate of two dollars per day in cash, and ex-
ecUtion may issue thereon at anv time within one
year from the rendition of such Judgment, against
any property belongin to such judgment debtor.
SEC Il The manner and forms for proceed
OF Montana territory shall govern the forms and
rules OF practice in the court of the police magis
trate in both criminal and civil cases respect
lively unless otherwise provided by ordinance.
SEC. l3. Officers, jurors and witnesses i'll the
police lnagistrates court shall be entitled to the
same 1ees as are prescribed by the statutes OF
Montana territory for like services in the justices
courts, and where the costs in any case shall be
taxed against this city, the police magistrate shall
certify to the city clerk the name and amount
due any juror or witness, aud such juror wit
ness shall file with the city clerk his account
against the city for said services duly verified by
afdavlt for allowance by the city council. Nothing
herein shall be so construed to authorize the
payment by this city of any such fees to any city
officers.
SEC. II. If vacancy occurs in the office Of
police magistrate, or if the police magistrate is
temporarily absent from this city or from any
cause is incapacitated from dischargng the duties
OF his office, the mayor may appoint, by and with
the consent Of the city council, a justice Of the
peace residing in this city, who shall perform the
duties of police magistrate while such vacancy or
lncapacty continues and who shall be entitled to
charge and receive the same fees are allowed
the police magistrate
Adopted and approved Feb. II, 1889.
A.W. MILES, Mayor.
Attest j. d. WHELPLEY. City Clerk