Bisbee daily review., 1902-02-12
ORDINANCE No.6

ORDINANCE No. 6
 An ordinance prescribing the mode oieolleet ing and enforcing fines, penalties and fer
 feitures for violation of ordinances of tho
 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 he 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 proceedings shall be commenced by complaint sis ned 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 hsd before such justice in like manner as in the case of misdemeanors un' der the laws Inf the Territory of Arizona. In the event of the conviction of the offender the judge ment may require the party con victed to pay thAflne and be imprisoned or both as 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 such fine, for 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 a fine be imposed and not paid, ior a period reckoned at the rate of one day for 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 penalty nr 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 swear to any complaint for the violation of any ordinance Of the town, or any complaint for the recovery oi any fine, penalty or forfeiture imposed by any ordinance of the town: to execute war rants that may be issued hereunder to sub' posns witnesses and jurors for such tfials and prosecutions, and to serve all process therein. both final and meme in such cases. 10 collect all fines there under and pay the same to the town treasurer; to keep account of all fines and mon,ys collected by him. and make statement tnettUi ihohthis ~ Nno Common Council.
 Sec. g. 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 the town so to do, before any Justice of the peace residing within said town.
 Sec For all suits and prosecutions for
 II. ~H kAf justice residing within the town, such jus tice shall be entitled to receive the same fses as are now or may hereafter be provided by law In cases oi prosecutions for misdemean- ors prescribed by the lows of the Territory of Arizona, and in all cases su"h justice may ded uct and retain his fees from any fine im- posed, and the remainder oi 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 charged to the town (except posts of necessary publication in the event of of cautions against the estate of defendants, or the enforcement 0f penal ties and torfeitures, as in section l hereof provided.) Such justice shall present to the
  all fees received by him from fines collected w ith 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 'Aae' above presbribed is meant the fi ne prescribed by ordinance of the town. and the costs required by law or ordinance to he Imposed in addition thereto. Sec 5. When fne 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 rata provided by law for G nstables in criminal cases but the same shalt not be retained by such marshal, but shall be paid by him to the town treasurer. ss part of the fine. as above ! provided. Sec.6. All complaints. suits and prosecu- tiops for violation of any ordinance shall be in the name of the Town oe Bisbce" as plaintiff. Sec [. All ordinances and parts of ordi- nances in confct herewith are hereby re- pealed, Sec. 8. Thys ordinance shall take effect from aud after its passage by the Common ! Council and approved by the Mayor. Passed and adopted by the common couu- 1 ril ,his 18th day of January. 1902. I, W. WALLACE. J.J. NrIRHEAL,
 Clerk. Mayor.