The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1892-06-10
CHAPTER XII.


PhOCESS AND GAESOIlONs
Sec. 1. All actions, whether civil |
or criminal, brought for the pun
ishment of any violation of any or
dinance or to recover any fine, for
fixture, tax or penalty for any
breach Of any ordinance now or
hereafter in force in the town of
Eaton, shall be commenced before,
tried and determined by the police
magistrate. No warrants shall be
issued by such magistrate until
complaint underoath has been filed
charging a breach OF violation of an
ordinance, reciting the chapter and
section, together with q brief de
scription of the ofense, substan
TALLY as required in criminal COM
plants before justice of the peace.
The warrant in such cases shall
briefly describe the offense, shall
be returnable forthwith and shall
run in the name of the state of
Idaho, and it shall be directed by
the town marshal at the time
named in the summons or warrant;
whether the defendant appear or
not, upon proof of service the magis-
trate shall proceed 70 trial and on
conviction shall enter execution for
said fine and costs and he shall
issue writ of execution thereof.
Sec. 2. If any person arrested
under warrant as provided in the
preceding section of this ordinance
shall fail or refuse to pay the full
amount of his fines and costs, the
magistrate rendering the judgment
shall forthwith issue mitti
mus or commitment substantially
| in form as required by the law Of
the state, directing the town mar
shall to keep the defendant in close
confinement until the fine and
costs shall be paid Qr satisfied by
law. " -
Sec. 3. Every able-bodied male
person over the age of IL years who
shall be convicted as above pro-
vided and who has been committed
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 at 50 per day.
Sec. 4. When any fine for any
breach of any ordinance shall be
adiudged against any woman OF
person under II years of age, OF
one disabled for any cause from
performing labor and such person
has been confined not less thar
three days and the police magis
trate is satisfied that such person
, is unable to pay sdch fine anc
costs, he may, with the counsel o
, two members of the board of trus
tees of the town, discharge sucl
; person from imprisonment.
Sec. 5. Persons arrested for an,
violation of any town ordinance
! shall be accorded trial with al
= convenient dispatch. The tow
marshal may make an arrest with
out warrant, but after maxim
I such arrest he shall proceed as 500
as possible or as may be convenien
D to file a sworn complaint and pre-
f cure such warrant.
Z Sec. 6. If any person shall fore
bly, resist arrest by the town mai
shall when such officer is in tn
proper discharge of his duty, sue
person shall be deemed guilty of
;, misdemeanor and shall be fine
I therefor not less than IS nor MOI
: than 800.
Sec. Z. The fees of witnesses i
y attendance before the court of til
: police magistrate shall be 800 fC
y each day, or if not detained longe
> than two hours, so cents. III
= :. police magistrate shall be entitle
= to IS as compensation for his serv
. ces in trying any cause for the VIZ
- lation of an ordinance, to be take
in the costs. The town marsh
shall be entitled to 81 for the Sc
i vice of processes not hereinbefo
y provided for to be taxed in the cost
CHAPTER XIII.
lS See l. That the foregoing ordinances by
o. reetion and order of the board of trustees be "A
the same are hereby accepted. declared cons
Sc tuted and ordained to be the general ordinan'
~ of the town of Enton, and that they be knol
70 as the ordinances of the town of Eaton, and Il
a they shall take effect and be enforced from a
after the 18th day of June, 1S92 after publicati