Bisbee daily review., 1902-02-14
ORDINANCE No. 6

| rlree puohcohon WI ~"' A~' ORDINANCE No.6 An ordinance prescr ribing the mode of collect ing and enforcing fines, penalties and fer | feitures for valuation of ordinances of ths
 Town of Bisbee. Cochise county, Territor!
 of Arizona:
 | Be 1t ordained by the Mayor and Common Council of the Town of Bisbee; | Section 1. All fines, penalties and forfeit ures which may accrue under any ordinance of the Town of Bisbee. may be recovered be- l fore any Justice of the Peace residing with in such town. and the same when collected shall be paid into the treasury of the towr as hereinafter provided. Such proceeding shall be commenced by complaint slgned and sworn to before sue h justice stating the clause of the ordinance under which such hne, pen- sity or forfeiture is claimed. whereupon e warrant shall be used issued by such Justice for the arrest of the offender. and trial there of shall be 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 [ he conviction of the offender the judge ment may require the party con- victed to pay the fine and be imprisoned or both as provided in the ordinance or clause of the ordinance violated or to pay the hne and stand committed to the jail of the county or calaboose of the town. until payment oi such hne, for period of time reekoned at the rate of one day for each dollar of such fine, or the offender may bs confined at hard labor on the streets or public works of the town for the period of such Imprisonment, or If fine be imposed and not paid. ,or period reckoned at the rate of one day for each dollar of such fine. Execution may be iseued against the body of the defendant or Q f3ne may be collected by execution against the estate of defendant. or 0 penalty ar ior- feiture may be enforced In the manner pre- scribed by the ordinance imposing the same.
 See 1t shall be the duty of the Town Marshal to sign and iwear to any complaint for the violation of any ordinance of the town, or any complaint for the recovery Of any Ane, penalty or forfeiture imposed by any ordinance of the town; to execute war rants that may be issued hereunder; to sub' poems witnesses and jurors for such trials and prosecutions, and to serve all process therein, both final and mesne in such Cases. to collect all fines hereunder and pay the came to the town treasurer; to keep account of all fines and mon ,ys collected by him, and make statement thereof monthly to the Common Council.
 Sec. 8. The complaints named in the fore going 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 ths town SO to do. before any Justice of the peace residing within said town.
 Sec. { For all suits 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 cases ot prosecutions for misdemean- ors prescribed by the lows oi the Territory oi Arizona, and in all cases such justice may deduct and retain his fees from any fine im- posed, and the remainder oi such tne 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 charged to the town texcept oosts of necessary publication in the event of enforcement of cautions against the estate of defendants, or the enforcement of penal ties and forfeiturss. as in section hereof provided.) Such justice shall present to the town clerk monthly an itemised 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- sher with an account of all fines received by him, verified as to Its correctness. By the word .fioe' above presbribed fs meant the ane prescribed by ordinance of the town. and the costs required by law or ordinance to be imposed In addition thereto.
 Sec. 5. When fine is imposed upon a de. fendant and costs in addition thereto. there shall he nciuded In such c,sts fees for ser vices of the marshal, reckoned at the rate provided by law for c, nstables In criminal cases, but the same shall not be retained by such marshaI, but shall be paid by him to the town treasurer. as part of the fne. as above provided.
 Sec.e. All complaints, suits and prosecu- tions for violation of any ordinance shall be in the name of the Town oe Bisbse" sa plaintiff.
 Sec !. All ordinances and parts of ordi' nances In coniict herewith are hereby TO. pealed,
 Sec. 6. This ordinance shall take effect from and after its passage by the Common Council and approved by the Mayor,
 Passed and adopted by the common csun- ell ,his 2sth day of January. 1902.
 l.. WALLACE, J-J. MrIRHEAL.
 Clerk. Mayor.