Bisbee daily review., 1902-02-18

Council this 18th day of January, 190s Approved, J. J. MuIRHEAp, Mayor.
 Attest. I. w. WALLACE,
 Clerk.
 First publication February Ii, 1902.
 ORDINANCE No. 6
 An ordinance prescribing the mode of collect ing and enforcing fines. penalties and fer feitures for violation of ordinances of thu Town of Bisbee. Cochise county, Territor. of Arisona:
 B. 1t ordained by the Mayor and Commo, Council of the Town of Bisbee; Section 1. All hnes, penalties and forfeit ures which may accrue under any ordinancs 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 towr as hereinafter provided. Such proceedins' shall be commenced by complaint signed and sworn to before such justice stating the claus< of the ordinance under which such fne. pen alty or forfeiture is claimed. whereupon [ warrant shall Dc used issued by such justice for the arrest of the offender. and trial there of shall be hvd before such justice in like msnnsr as In the csss of misdemeanors un' der the laws nf the Territory of AriIona. Il the event of the conviction of the offender the judeement may require the party con- viceed to pay the fne and he imprisoned o' both e provided in the ordinance or clause of the ordinance violated or to pay the fine and stand committed to the jail of the county or calaboose of the town. until payment oi sueh fine, for . period of time reckoned al 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, TOT . portod rsokoned at the rate of one day for each dollar of such 6ne. Execution may be issusd against the body of the defendant, or . fine may be collected by execution against the estate of defendant, or penshy nr for fsiture may be enforced in the manner pre- scribed by the ordinance imposing the same.
 Sso. s 1t 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 nne. penalty or forfeiture imposed by any ordinance of the town; to execute war. rants that may he issued hereunder; to sub- posna witnesses and jurors for such trials and prosecutions, and to serve all process therein, both Anal and meme in such cases. to collect all fines thereun and pay the same to the town treasurer; to keep account of au fines and mon ,ys collected by him. and mako statement thereof monthly to the Common Council.
 Ssc.s. The complaints named in the fore going section may also be signed and sworn to by any psrsoa, and 1t shall be the duty of any person becoming aware of the violation of any ordina ance of ths town % 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 ties shall be entitled to receive the same fees as arc now or may hereafter be provided by law in csses of prosecutions for misdemeau- ors prescribed by the lows of the Territory of Arisona, and in all cases su"h justice may ded uct and retain his fees from any fine im- posed. and the remainder of such hne paid by him to the town marshall, to be by him paid to the town treasurer, provided, chat in the event no fine or costs be collected from the defendant such justice shall be entitled to no costs or fees, and no costa or fees shall iu any event be charged to the town texcept costs of necessary publication in the event of enforcement of cautions against the estate of dsfsndents, ., or the enforcement of penal ties and forfeitures, as in section 1 hereof providsd.) Such justice shall present to the town clerk monthly an ite mised account of all fees received by him rom fines collected with each case or proceedings and tho 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 .fane' above presbriDed is meant the fine prsseribsd by ordinance of the town, and the costs required by law or ordinance to bs imposcd in addition thereto.
 Sec. 6. When . fine is imposed upon . de- fendaut aad costs in addition thereto. there shall be included In such costs fees for ser- viess of the marshal. reckoned at the rate provided by law for G nstables In criminal casss, but the same shall not be retained by such msrshaI, but shall be paid by him to the town treasurer, as part of the fine, as above provided.
 Sect. All complaints, suits and prosecu- tions for violation of any ordinance shall be in the name of the Town oe Bisbee" aa plaintiff.
 Sec ]. All ordinances and parts of ordi- nancss In conHet herewith are hereby re- pealed.
 see. 6. Thys 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 ahis 3sth day of January. 1902.
 I " WALLACE J. J. MUIRHRAL, - Clerk. Mayor.