The Palatka news and advertiser. [volume] (Palatka, Fla.) 1902-1905, 1902-02-27
An Ordinance
ESTABLISHING A MUNICIPAL COURT IN THE
OITY OF PALATKA, AND PROVIDING
THEREFOR

ESTABLISHING A MUNICIPAL COURT IN THE
OITY OF PALATKA, AND PROVIDING
THEREFOR.
Be IL ordained by the Mayor and citv councII
of the city of Palatka:
SECTION THAT municipal court be and is
hereby established in and for the said city Of
, Palatka, Florida, for the trial OF all offenses
against the municipal ordinances of said city
The Judge of said court shall be elected by the
city council of said city each year as soon after
any general election of said city as practicable,
whose term of office shall be one year and until
his successor shall have been elected and DUAL
, itied. ANY qualified electOr Of said city, tWen-
tyone years Of age, who has good moral
character and is competent to discharge such
duties shall be eligible to election TO said Office
The judge of said court shall receive a salary
of two hundred dollars per year as his compen-
satiOn, which shall be paid by said city by
monthly payments. Said judge may convene
or open said municipal court at nine o'clock a.
m. Of each day Sunday excepted at the city
Lcouncl chambers of said city, or at such place
as may be designated by said city council, for
the purpose of hearing all complaints against
any person or persons for the violation OF any
ordinance or ordinances Of said city, and all
such cases shall be tried by said Judge, or per-
son acting in his place, in a summary manner
In case of sickness, absence or other disability
TO act or the municipal Judge, the mayor OF said
city shall appoint a competent person to act as
| such judge, and the mayor shall have power TO
appoint such competent person to act In place
| of said judge and the person so appointed shall
have power and authority to hold such court
and shall be vested with like powers of said
municipal Judge.
SEC. 2-All persons tried in said court who
shall be acquitted of the offenses charged
against them shall at once be discharged. All
persons convicted by said court shall forthwith
| pay all fines and costs assessed against them,
| in default whereof they may be committed.
| Provided: That If such person shall appeal
within three days from the judgment of the
court, they shall be released upon entering into
bond, with good and sufficient surety, in double
the amount of fne and costs assessed against
them, conditioned TO appear before the court to
which the case is appealed, and to abide by and
to perform the judgement thereof.
SEC. 3-The clerk OF the city council shall be
the clerk Of the city court, and shall keep q
docket upon which shall be entered all causes
tried in said court; said docket shall show
appropriate enteries thereon, the style of each
cause, the nature of the Oifense, the Judgment
Of the court, the amount Of the fines and costs,
the satisfaction of the judgment, whether by
payment of fines and costs or committal, or by
pardon or remission of the city Judge. The
docket shall also show the names of the Wit
nesseS examined in each case and the date of
appeal, II granted
SEC. ALL fines and costs shall be a part OF
the revenue OF said city, and shall be paid to
the city treasurer of said city by the collecting
OGticer.
SEC. 5-The clerk shall return and file with
the clerk Of the appellate court, within three
days, the papers in all cases appealed, and
he shall endorse on the warrant in each case
the names of the witnesses on behalf Of the city.
SEC 6-All persons arrested for the violation
of any ordinance, or for any municipal misde.
meanOr committed within the city limits, or on
the property of the city outside Of It's limits
shall be Immediately confined in the Jail or
house Of detention, and remain therein until
discharged or tried by the city court, unless
such persons shall give proper security for
their appearance before said court, in which
event they may be released. The chief of po-
lice and the officers in charge Of the Jail or
house of detention shall have authority TO take
from the persons arrested bonds other So
curtty for their appearance before the court,
but no such bond or security shall be for less
amount than Ave dollars, nor more than two
hundred and fifty dollars.
SEC. lit shall be the duty of the chief OF
police to report to the city court every day at
O'Clock a. m. all arrests and committals that
may have been made during the preceding day
and night, the names of the accused, the offenses
with which they are charged, the names of the
witnesses in the respective cases, and the bonds
and other security of those who may have
been released, if any there be.
SEC SIN all cases where the parties accused
have been released upon bond or other Securi-
ty If they fail to appear, the city court shall
enter up Judgment upon said bonds or other
security for The full amount of the penalty,
and the clerk shall, at the expiration of one
day from the rendition of such judgment
issue a herl facias to the chief of po-
lice, who shall execute the same in man
ner provided by law, relative TO the duties
Of sherifrs of the state of Florida, in levying
and making sale under writs of execution or
like process.
SEC 9-The city court shall have authority to
preserve order aud decorum, and shall be In
vested with the same powers to that end, by
fine and Imprisonment, as are incident to courts
of record in the state Of Florida.
SEC. l0-Upon complaint made by affdavit to
the judge of said court, by any policeman of
said city or other person, that any ofrense,
which said court has jurisdiction 10 try and
determine, has been committed within said city
city or upon any city property outside Of said
limits, said municipal judge may issue his
warrant in the usual form, making 1t returna-
BILE before himself Upon the return of the
warrant with the accused, the said Judge shall
proceed to hear, try and determine the cause
or shall adjourn the same TO some
other day of his court. All such trials and
prosecutions shall be upon aftidavit and war;
rant as aforesaid, but # shall not be necessary
to procure such warrant before making arrest,
where IT should not be convenient or prac-
ticable to do so, or where AA immediate arrest
becomes necessary in order TO better promote
the public interests.
SEC. 1.-THE municipal Judge or acting mum.
cipal Judge shall keep docket book, IN which
he shall enter the title of every case brought
before him, the time the first process was is
sued, the service and return thereof, all ad-
jOurnments the time and manner of the trial,
or other disposition Of the case, the Judgment
and sentence, including the costs allowed, the
names of all witnesses sworn on the trial and
all other proceedings had by and before him in
each case, and he shall sign his name thereto
after rendering Judgment.
SEC. l2-Au male persons imprisoned in the
city Jail under sentence of the municipal court,
or for failure to pay fine may be employed
by the direction of the mayor at labor upon the
streets or public works of the city.
SEC. 13-The municipal judge shall have
power to pardon or remit any fine imposed
by him in whole or in part, when in his 1udg-
ment, such pardon or remission would be Just
and proper, or for the interest of the city.
SEC. 1.-THE municipal judge is hereby au-
thorzed and empowered by his mandate, war
rant or other process directed to the chief of
police, or other police officers of said city, to
have brought before him forthwith, any person
or persons charged on oath with a breach of
the city ordinances, and he is authorized TO re-
quire, by usual process known to courtsS the
attendance of witnesses, to administer oaths, .
to inquire or examine into the truth or falsity
of such charge; and TO determine from the evil
dence the guilt or innocence of the accused,
and fix the penalty within the limits. prescrtb-
ed by the ordinances of the city, and to enforce
the same.
SEC. l5-Witnesses, who may be subpoenaed
in behalf of the city shall receive such compen-
sation as provided by law for witnesses in JUS
tice peace courts of the state of Florida, except
they shall receive no mileage. The clerk of said
court shall receive as his compensation for
such services as he may render therein the sum
of hve dollars per month.
SEC. l6-That all ordinances and parts Of or
dinances in conflict with the provision OF this
ordinance be and are hereby repealed.
Passed in open council this 21st day of Feb.
1902. A. NJ. sTEEN,
Attest President of City Council,
J N, BLACKWELL, Clerk.
Approved Feb. a2nd 1909. L, G. STEPHENS
Mayor.