Bisbee daily review., 1903-04-24

and after hearing the evidence. shall find said corporation to be guilty of said offense, or innocent of the ame, in accordance with she evidence sub mitted to him. When a fine is i'm posed upon such corporation upon con viction, and the same is not forthwith paid, it may be collected by al action of debt before any Justice of the Peace residing within the City of Bisbee. and the same, when collected, shall be paid into the treasury of the City. It shall be sufficient for the City to declare or complain generally in said actor. stating the clause. or clauses, of the ordinance for the violation of which such fine or penalty was imposed. Sec. 2. When any judgment shall have been obtained in any such action in favor of the City of Bisbee. the same shall be enforced by writ of execu- ton against the estate of the defend ant, as in other like cases, and in the case of natural persons, when the re- turn upon such writ of execution states that the defendant named in the writ has no property subject to execution. sufficient to satisfy such judgment. an alias writ of execution may be issued commanding the City Marshal to take the body of the defendant and i'm prison him for time sufficient to pay the amount of the fine or penalty originally imposed upon such defend, ant by the Court, to be reckoned at the rate of one days Imprisonment for each dollar of said fine.
 Sec. 8. It shall be the duty of the City Marshal to file and swear to all complaints for the violation of any ordinances of the City, or for the re covery of any fine, penalty or forfeit ure imposed for the violation thereof: to execute warrants that shall be ex- ecuted hereunder; to serve all sum mons issued in actions to recover any fines, penalties or forfeitures; to sub poena witnesses and jurors for all trials and prosecutions in which the City of Bisbee is a party, and to serve all processes therein, both final and mesne; to collect all fines and pay the same to the City Treasurer; to keep account of all fines and moneys col lected by him, and 10 make a state ment thereof, monthly. to the City Council.
 Section g. Complaints filed under the provisions of this ordinance may also be signed and sworn to by any person; and 1t shall be the duty of any person becoming aware of the yio- lation of any ordinance of the City to make complaint charging said person with such violation before any Justice of the Peace residing within said City. ] Sec 10. For all suits and prosecu- tions under this ordinance, the Justics shall be entitled to receive the same fees as are now, or may hereafter be. providd by law in cases nI prosccu- ticns for misdemeanors prescribed by the laws of the Territory Of Arizona; and in all cases such Justice may re tain his'fees out of any fines imposed and paid. and any balance remaining of such fine shall be raid by him to the City Marshal, and shall be paic by the said City Marshal to the City Treasurer; provided, that where no fines or costs are collectei in any case, the Justice shall be entitled to no costs or fees, and 10 costs or fees shall, in any event, be charged to the City, except costs Of necessary publi- cations in any such proceeding. Such Justice shall present to the City Clerk, monthly, an itemized account Of all ices received by him from fines collect ed, with each case 0r proceeding and the date thereof, vrifed es to its being correct, together with ar account of all fines received by him, all Of which shall be duly verified. The word fine" as used in this ordinance s5sll mean and include the costs requiceI by law Tor ordinance, to be imposed in addition thereto. Section Il. Wben 6ne is impo5td upon a defendant. and costs ir addi- ton thereto, there shah bc incMded h such costs fees for services rendered by the City Marshal in such case, reckoned a. the rate provided oy laS for Constabies h criminal cases, but lshe same shall not be retained oy the ICity Marshal, but shall be paid by him to the City Treasurer as part of the fine above provided.
 Sec. I2 All complaints. suits and proceedings for violation of any or. ordinances. or parts thereof. shall be In the rane of the City of Bisbee as plaintiff, and all process issued In any suit or proceeding shall issue in the name of The Csy of B!sbee"
 Section l3. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
 'i Sec. If. This ordinance shall take effect from and after its passage by
 The Mayor and Common Council. and
 its publication as provided by law.
 Passed and adopted by the Mayor
 and Common Council the 7th day cI April. A. D. 1903.
 T J. J. MUIRHEAD, Mayor. " D KINNEY. Clerk. fl9-S