Bisbee daily review., 1903-04-25

posed upon such corporation upon con viction, and the same is not forthwith paid, f may be collected by an 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 action. 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 a 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 .defenS. 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 party. and to serve all processes therein. both final and mesne; to collect all fines and pay the same to the City Treasurer; to keer account of all fines and moneys col lected by him, and to make a state ment thereof, monthly, to the City Council.
 Section g. Complaints filed unde, the provisions of this ordinance may also be signed and sworn to by any person; and it shall be the duty oi any person becoming aware of the vio lation of any ordinance of the City tc make complaint charging said persor with such violation before any JusticC Of the Peace residing within said City i Sec. 10. For all suits and prosecu tions under this ordinance, the Justica shall be entitled to receive the same fees as are now, or may hereafter be providd by law In cases of prosecu tions for misdsmeSaors 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 tc the City Marshal, and shall be paiG by the said City Marshal to the CitJ Treasurer; provided, that where nc
 fines or costs are collectei in any case the Justice shall be entitled 10 nt costs or fees, and no costs or fees shall, in any event, be charged to the City, except costs of necessary publi cations in any such proceeding. Sucf Justice shall present to the City Clerk monthly. an itemized account of al fees received by him from fines collect ed, with each case CT proceeding ant the date thereof, vrihed es to its being correct, together with ar account ol all fines received by him. all Of whici shall be duly verified. The word fine as used in this ordinance shall meaI and include the costs requlfsJ by law or ordinance, to be imposed in addition thereto.
 | Section H. When fine Is impo5et upon a defendant. and costs in acdi ton thereto, there shall DC included ir such coats fees for services renieret by the City Marshal in such case reckoned at the rate provided by laS for Constables in criminal cases, but the same shall not be retained by tho City Marshal, but shall be paid by hin to the City Treasurer as part of tht fine above provided.
 Sec. 12. All complaints, suits ana proceedings for violation of any or ordinances, or parts thereof. shall be fl the name of the City of Bisbee 6! plaintiff, and all process issued in anl suit or proceeding shall issue in thu name of The City of Bisbee."
 Section 13. All ordinances ant parts of ordinances in conflict herewith are hereby repealed.
 Sec. 14. This ordinance shall tak' effect from and after its passage b,
 the Mayor and Common Council, an, tits publication as provided by law.
 Passed and adopted by the Mayo
 and Common Council the 7th day 0 April. A. D. 1903.
 J. J. MUTRHEAD, Mayor.
 " n KINNEY Clerk 41e-s