The Snowflake herald., 1919-03-21
ORDINANCE NO. 2
Relating to Police Courts and
Practice Therein

ing power and JurlSdlcClCn 20
hear and summarily determine
all cases arising from and under
the Ordinances of the Town of
Snowflake, is hereby established,
Sec. q. The Police Court shall
be presided over by a Justice of
the Peace, residing and having
an office within the Town Of
Snowflake. Such Justice of the
Peace shall be styled a Police
Magistrate" and any Justice of
the Peace residing and having
an office within the said town,
shall act as such Magistrate when
necessary, or when called upon
SO to act.
Each Magistrate shall keep a
docket, in which shall be enter
ed record of each case heard
and determined by him, showing
the name of the defendant, the
proceedings had in the case. an
abstract of the judgment en-
tered, the sentence imposed, and
the amount of fine paid, if any.
! Sec. 3. Such Courts shall have
power to issue warrants of ar
rests, subpoenas, attachments
for witnesses, executions, and
such other process as may be
necessary for the prosecution of
any business laid before them.
| Sec. a. In any and all actions
for alleged violation of any town
ordinance, the defendant shall
not be entitled to trial by jury,
but the case shall be determined
by the Magistrate sitting, unless
such defendant requests a jury.
The Magistrate shall, however,
hear evidence offered by the de-
fendant as we'll as that offered
by the town.
Sec. 5. All process issuing
out of the Police Courts shall be
executed by the Marshal of the
town, or by the Assistant Mar
shall.
/ Sec. 6. In all actions arising
under any town ordinance, for
the enforcement thereof or the
recovery of any fine, penalty, or
forfeiture hereunder, the first
process shall be warrant for
the arrest of the offender, based
on complaint previously filed
or made, and in all such actions,
executions may issue against the
estate of the defendant for the
sum of any fine, penalty, or for
feiture, with costs and accruing
costs. Provided, that this sec
tion shall not be construed to
prevent judgment of fine and
Imprisonment, or that the de-
fendant be committed to the
county jail or the town calaboose
until the payment of such fine,
or that the offender be confined
at hard labor upon the streets or
public works of the town.
Sec. Z. Whenever any person
shall have been convicted of vio-
lating any town ordinance, the
magistrate trying the cause may
sentence the party convicted to
either a fine or Imprisonment,
within the limits of the penalty
prescribed by the ordinance, or
to stand committed, in case the
fine is not paid, until the pay
ment thereof, or until the period
of Imprisonment has equalled
one day for each dollar of the
fine imposed. Or the magistrate
may impose both fine and i'm
prisonment as such penalty as
the case or ordinance may per-
nit. The magistrate may, in
his discretion, order any person
committed to hard labor upon
the public streets or works of
the town for each day Sunday
excepted) Of such Imprisonment.
Sec. 8. The warrant of arrest
provided for in section 6 of this
ordinance need not necessarily
issue before the Marshal may
make the arrests, provided oral
complaint has been laid before
the Marshal or Assistant Mar
shall by some reputable citizen
that the offense has been COM
mitted, naming such person or
persons, or that an offense is
committed in the presence of
the Marshal or Assistant Mar
shall, or within the sight or hear
ing of either, or that the person
or persons arrested are vagrants,
idlers, loafers or unable to give
satisfactory account of himself
or themselves. In any case,
jurisdiction, shall be complete