Bisbee daily review., 1902-02-13
Council this 26th day of January, 1902 Approved, J. J. MuIRHEAD,
 Mayor. Attest, 1. W. WALLACE,
 Clerk. First publication February Il, 1902.
ORDINANCE No. 6

OkDlNANCC NOD
 An ordinance prescribing the mode of feollect.
 ing and enforcing fines, penalties and fer feitures for violation of ordinances of the
 Town of Bisbee. Cochise county, Territory
 of Arisona:
 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- 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 signed and sworn to before such justice stating the clause of the ordinance under which such fine. pen- | alty or forfeiture is claimed. whereupon a warrant shall be used issued by such justice for the arrest of the offender. and trial there of shall be hvd 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 the conviction of the offender. the judge ment may require the party con- victed to pay the fine and he imprisoned or both e 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 Of such fine, for a period of time reckoned 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 e fine be imposed and not paid, Tor ! period reckoned at the rate or one day TOT each dollar of such fine. Execution may be issued against the body of the defendant, or ] fine may be collected by execution against the estate of defendant, or penslty or for feiture may be enforced in the manner pre- scribed by the ordinance imposing the same.
 Sec. g. It shall be the duty of the Town Marshal to sign and swear 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 poens witnesses and jurors for such trials aud prosecutions, and to serve all process therein both final and mesne in such cases. to collect all fines hereunder and pay the same to the town treasurer; to keep account of all fines and mon eys collected by him, and make e statement thereof monthly to the Common Council.
 Secs The complaints named in the fore going section may also be signed and sworn to by any person, and 1t 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.
 Sect For all suits and prosecutions for any violation of any ordinance. before any justice residin 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 of the Territory of Arizona and in all eases su-h justice may ded uct 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 lees shai' in any event be charged to the town except posts 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 provided.) 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- ther with an account of all fines received by him, verified as to its correctness. By the word f1oe' above presbribed is meant the ne 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- fe ndant and costs in addition thereto, there shall be included in such costs fees for ser vices of the marshal. reckoned at the rate provided by law for ct nstables in criminal cases, 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- nanoes In conf1ct herewith are hereby re- pealed,
 Sec. 8. 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 eOun- ell .his 2sth day of January. lsO2.
 l, W. WALLACE. J. J. MuIRHEAL,
 Clerk Mayor.