The Punta Gorda herald. [volume] (Punta Gorda, Fla.) 1893-1958, 1913-02-20

be in writing and noted in the docket,
but the release of any impounded an
imal where the defendant is found
not guilty, shall be without fee or
expense to the defendant.
Sec. 9.--Upon the filing Of sworn
complaint in the premises by the Mar
shall in the Mayors Court, the mayor
shall appoint a day of hearing and
adjudication, and shall cause the no
tice of the tendency of the impound-
ment to be published in some news
paper in the city, the first publication
of which notice shall be five days be-
fore said day of hearing.
Sec. 10.--If the Mayor on said day
of hearing shall, on the evidence ad-
duced, adjudge that such animal or
animals have been allowed to run at
large within the aforesaid limits, as
charged in the complaint, he shall
proceed to infiict a penalty in &C.
cordance with the provisions of this
ordinance and order the sale of such
animal to cover costs of court and
sale, expense of impounding and
keeping and any fine for such infrac-
ton or ordinance as may be imposed.
Sec. 11.-If any such animal or ami
mails so proceeded against to adjud-
ication, be not released by the Mayor,
the Marshall shall advertise the same
for sale on the day appointed for
sale in the Mayors order of adjudica-
ton, by posting three notices at three
public places in the city by noon Of
the next day after adjudication at the
latest. On the appointed day of sale,
unless released by the Mayor, the
Marshall shall sell at auction to the
highest bidder for cash, separately,
each animal until the amount of costs,
fees and expenses and fine as adjud-
icated are fully covered. ANY animal
or animals remaining unsold shall be
driven by the Marshall outside of the
said prescribed limits and turned
loose. All surplus received from
such sales above such costs, fees, ex-
penses and fines, together with the
amount OF the fine shall within twen-
ty-four hours be turned over to the
city treasurer to await for six months
the owners application for same.
Upon satisfactory proof of ownership
the surplus shall be paid over to the
owners on demand by order of the
S~NJ SOuANAA upOA lIGdSuF6T Wn6n-
ever such demand shall be made with
In six months of time of sale, but at
the expiration of six months the city |
treasurer shall convert the surplus |
INTO the General Fund of the City. At |
any time within six months after the |
imposition of such fine the owners If |
lot personally or by agents ap-
)earlng In the original proceedings
nay apply in the Mayors Court in
person or attorney to show cause why
he penalty as to such fine should
lot be lnforced and if on such appli-
alton the decision be adverse to the
lty the fine shall be refunded if al
eady collected out of the proceeds of
he sale. If favorable to the city or
no such application be made within
he said six months the fine shall be {
aid into the General Fund, subject
similar application, a demand for
ny surplus shall be made within \,
No years from the sale or be barred
hould there be at the sale no bid
ers. or the bidding not be sufficient
pay the costs, expenses and fine,
lie Marshall by proclamation may
1Journ the sale to another day when n
lie same shall be concluded or every !.
art of said animals may be bid in |
Y the city.
Sec. 1.-THE Marshall shall keep a
cord of all animals impounded, de-
riding such animals by marks or
ands, stating the name of owner, If
lown, the date of impounding, the n
tie of redemption, sale or release
thout charge, the amount of fine, c
SITS and expenses, the amount re- Y
ived from redemption or sale, the :
Mount paid over for fines or sur "
us to the city treasurer and shall "
AXE monthly report of the same
the city council at their first reg o.
ar meeting each month and the ii
y treasurer shall keep a separate