Bisbee daily review., 1902-02-16
ORDINANCE No. 6

Ekk0e Ra9AA<os4S>@ 0>& ~>-- y >-S
 ORDINANCE No. 6
 An ordinance prescribing the mode ofcollect-
 ing and enforcing fines, penalties and fer
 feitures for violation of ordinances of the
 Town of Bisbee. Cochise county, Territory
 of Arisona:
 Bs 1t ordained by the Mayor and Common
 Council of the Town of Bisbee;
 Section l. All Anes, pen alties and forfeit. ures which may accrue under any ordinance of the Town of Bisbee. may be recovered be- fore any Justice of the Peace residing with In such town. and the same when collected shall be paid into the treasury of the town as hereinafter provided. Such proceedings shall be commenced by complaint sisned and sworn to before such justice stating the clause of the ordinance under which such fine, pen- alty or forfeiture 10 claimed, whereupon e warrant shall be used issued by such justice for the arrest of the offender. and trial there of shali bs hsd before such justice in like manner as in the case of misdemeanors un- der the laws nf the Territory of Arizona. In the event of tue conviction of the offender. the judgement may require the party con. victsd to pay the fine and be imprisoned or both e provided in the ordinance or clause of tne ordinance violated oFto pay the fine and stand committed to the jail of the county or calahoose of the town. until payment of ouch fine. for . period of time reckoned at the rate of one day for each dollar of such fine, or the offender may be confined at hard labor on the streets or rublic works of the town for the period of such Imprisonment. or if fine be imposed and not paid, ior Q period reckoned at the rate of one day for each dollar of such fine. Execution may be issusd against the body of the defendant, or . fine may be collected by execution against the estate of defendant. or a penslty or for feiture may be enforced in the manner pre- scribed by the ordinance imposing the same.
 Sec. 2. 1t shall be the duty of the Town Marshal to sign and ,wear to any complaint for the violation of any ordinance of the town, or any complaint for the recovery Of any fine, penalty or forfeiture imposed by any ordinance of the town; to execute war rants that may be issued hereunder; to sub- posna witnesses and jurors for such trials and prosecutions. and to serve all process therein. both final and meme in such Cases. to collect all flnes hereunder and pay the same to the town treasurer; to keep account of all Anes and mon ,ys collected by him, and make statement thereof monthly to the Common Council.
 Sec. .. The complaints named in the fore goins section may also be signed and sworn to by any person, and it shall be the duty of any person becoming aware of the violation of any ordinance of the town SO to do, before any justice of the peace residing within said town.
 Feet For all sufts and prosecutions for any violation of any ordinance. before any justice residing within the town, such jus tice shall be entitled to receive the same fees as are now or may hereafter be provided by law In c.ses ot prosecutions for misdemean- ors prescribed by the lows of the Territory of Arisona. and in ell cases su-h justice may deduct and retain his fees from any fine im- posed, and the remainder of such fine paid by him to the town marshall, to be by him paid to the town treasurer, provided, that in the event no fine or costs be collected from the defendant such justice shall be entitled to no costs or fees. and no costs or fees shall in any event be oh arged to the town texcept coats of necessary publication in the event of enforcement of cautions against the estate of defendants. or the enforcement of penal ties and forfeitures, as in section hereof providsd.) Such justice shall present to the town clerk monthly an ite mized account of all fees received by him from fines collected with each case or proceedings and the date thereof, verified as to its correctness. toge. thsr with an account of all fines received by him, verified as to its correctness. By the word 'floe' above presbribed is meant the Aus prescribed by ordinance of the town. and the costs required by law or ordinance to be Imposed in addition thereto
 See 6. When fine is imposed upon de- fendant aad costa In addition thereto. there shall be included In such c,sts fees for ser viees of the marshal, reckoned at tho rate provided by law for 0. nstables in criminal eases. but the same shall not be retained by such marshal. but shall be paid by him to the town treasurer, as part of the fine, as above provided.
 Sec. 6. All complaints. suits and prosecu- tions for violation of any ordinance shall be in the name of the Town os Bisbee" as plaintiff.
 sec !. All ordinances and parts of ordi- nancss In coni3ct herewith are hereby re. psalsd.
 Sec. g. Ths ordinance shall take effect from and after its passage by the Common Council and approved by the Mayor.
 Passed and adopted by the common coun- ell shis 18th day of January. 1904.
 I, W. WALLACE. J.J. MrIRHEAL,
 Clerk Mayor.