The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-07-04
Ordinance No. 4.

AN ORDINANCE TO ESTABLISH
ABODE OF PROCEDURE FOR
THE POLICE COURT AND IT'S
OFFICERS.
Be it ordained by the Council
of the T01O7a Of Shelton.
SECTION !. The officers of the Police court of
this town shall be the Police Justice, attorney
and marshall.
SEC. 2 The Police court shall be in session
for the trial OF OffenSeS against the Ordinances
of the town, at all times, Sundays and legal
holidays excepted, whenever business may re-
quire.
Sec. 3. The marshal, by himself or deputy,
shall attend all sessions OF the court.
SEC. i. The attorney shall attend all sessions
of the court, shall enter all charges for viola
tion of the ordinances, and shall prosecute all
such cases.
SEC. 5. The town marshal and deputies shall
arrest without process, any and every person
found committing any violation of any of the
laws and ordinances of the town in the pres
ence OF such officers.
SEC. 6. Whenever any person shall be ARES
ted by the marshal or his deputies without pro-
cess as provided in section 5; the officer making
the arrest, If it be in the day time, shall forth
Except as otherwise expressly prOvided), and
shall Immediately notify the town attorney
thereof II such arrest be made in the night
time the person arrested shall be confined in the
town Jail until the morning session of the
court next to hold thereafter. PROVIDED,
however, that the officer making the arrest
may take good and sufficient security for the
appearance of such persons at the Opaning of
Police court.
SEC. 7. When any person shall have been
brought before the police justice, as provided in
the last section, the town attorney shall draw
complaint, in writing, against such person. and
after being sworn to by the officer making the
arrest, file the same in the police court, which
complaint shall state distinctly the offense OIL
OtfeuSpS with which Suph stands
charged, and the complaint shall be distinctly
read 10 such person upon his arraignment be-
lore the court, and such person shall be re,
and If such person refuse to plead, or stands
mute, the court shall enter the plea of mo
guilty" and If the plea OF not guilty be ell
tered the trial shall proceed Immediately, unless
for good cause shown an adjournment be gran
ted; and If such person when arraigned shall
plead guilty" or if found guilty upon trial,
the court shall immediately pass sentence upon
such person.
SEC. g. Several persons Jointly charged with
the same Otense may be tried together, or sep
arately, and any person Orpersons may be tried
for several distinct otlenses, distinctly set forth
in the same complaint.
SEC. 9. complaint may be amended in mat
ter of substance or form at any time before the
defendant pleads, without leave. The com.
plant may be amended on the trial as to all
matters of form at the discretion OF the police
justice, when the same can be done without
prejudice to the substantial rights of the de-
tendant. No amendment shall work any delay
of the trial, unless for good cause shown by
affidavit.
SEC. 10. In any case when an officer making
an arrest shall take security for the appearance OF
the person arrested before the court, the Secur-
ity taken shall be a bond with surety for One
hundred dollars, or the officer may take the de-
livery of money OrperSOnal property in a suffic-
lent amount to insure the attendance before the
court. for which the officer shall give receipt.
and shall report his proceedings to the court at
the opening session next thereafter.
chol1 hovya
been convicted, before the police court for the
violation of any OF the town ordinances the
court shall Immediately assess such fine and
punishment for the OtfenSe, as shall be provided
by ordinance, and shall render judgment for the
same, that such person shall stand committed,
until the Judgment OF the court shall have been
complied with, and the court shall issue eXecu-
ton to the town marshal, commanding him to
collect the amount of the fine and the costs as
Sessed against such person out of the goods and
chattclS OF such person, and also commanding
the marshal to commit and safely keep such per-
son until the fine and costs are paid and the
Judgment of the court complied with. PRO
NlDED. however, that no execution shall issue
upon judgment for a fine and costs only, If the
defendant pay to the police justice the amount
OF fine and costs Immediately after the rendi-
ton OF Judgment.
SEC. L. Upon receiving any execution, the
marshal shall Immediately proceed to collect
the fines and costs assessed, from the goods and
chattelS OF the person against whom said exc
cutlon was issued, and may sell any property
MS provided for constable sales, and for want of
goods and chattes whereOn to levy said execu-
ton, the marshal shall require such person, if
an able bodied male to perform not less than
eight nor more than ten hours manual labor
each day. according to the season, on the streets
ana other public works in the town, for the
dement, OF the town, and such person shall be
continued at hard labor until the fine and costs
are PAID, allowing three dollars per day, exclus-
lNeOi board; and III case of neglect or refusal
10 perform such labor snch person shall be plac-
a Tod an hrao nd
until willing to work as required.
SEC IL. All applications to commence prose
cutlon In the public court shall be made to the
town attorney who shall prepare the affidavit
OF the person desiring to make complaint, if i'll
his judgment there is any just cause of com
paint, ana when such complaint shall be filed
warrant for the offender as provided by law,
SEC a. When the filing of any complaint
Tor the violation of any town ordinance the DO
nee Justice may, upon motion of the town at
torhey or upon his own motion, require the per-
son making such complaint to give good and
sufhclent security Tor costs, in the event the
prosecution should fail, which security shall be
given to the police justice before the warrant
snail lssueDr any further proceedings in the
case be had.
SEC. Is. The marshal shall pay over to the
ponce Justice all moneys collected by him for
1orfeltures, fines and costs and on executions.
SEC. 10. The police justice shall keep a record
OF al the eases brought before him, and of the
proceedings had therein, and of the final dis
position made thereof; and upon the first
Monday OF each month shall make to the town
council full and complete report of the pro-
ceedlngs before him for the preceding month,
Whlch report shall state the names of all par.
ties prosecuted before him, the nature of the
charge, the amount of fine and costs assessed,
the amount paid in and collected, and the final
OF the case; and he shall transmit
without such report all forfeited recognizances
IN ms possession, which report shall be submit
Tea 10 and be approved by the town attorney
DEC. IL, This ordinance shall toEa
be Ill force from and after its publication i'm the
MASON COUNTY JOURNAL
Approved June 1890 w. CLARK
Ateest WILL u. BALDWIN Clerk. Mayor protein