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HomeMy WebLinkAboutOrd1912-003 21 . _.,~~_.- ,- '~"~-"'~'- . '._~,..__." "." ..... , .,.,--._"..,~ ..,~. ~.~. ~___~,___....'"' .__._.______...~.~~ _'." ,.~.~~,_~.......',w,. ORDINANCE NO~ AN ORDINANCE ESTABLISHING A MUNICIPAL COURT FOR THE TOWN OF ~7ARD, ALASKA, OUTLINING ITS PROCEEURE, AND FOR OTHER PURPOSES. The Town of Sewart, Alaska does ordain as followe, by its Common Council. ESTABLISHMENT OF MUNICIPAL COURT, ETC. Sec. 1, A Municipal C0urt is hereby established in ana for the Town of Seward, Alaska, which shall be presided over by the Mun- icipal Macistrate; said Court shall have power to hear, try and deteraine all cases arising under the ordinances of the sait Town and to p*nieh all violations of such ordinances, and such other jurisdiction as is provided and conferred by law. APPOINTMENT OF MUNICIPAL MAGISTRATE, ETC. Mtlqjsr"'4t~ Sec. 2, A MunicipalAshall be appointed by the Common Council of the Town of Seward for the period of one year, but shall hold his office during the pleasure of the said Common Council. The appointment herein provided for shall be made annually, unless otherwise made necessary. In said appointment the majo*lty of all the members of said Council must agree thereto as to the per- son named for the said office. WHEN OFFICE VACATED,ETC. Sec. 3, Any person hmldinc the office of the Municipal Magie- trate who removes from the Town of Seward, Alaska, or who nec- lects or refuses to perform the duties of the said office fora a loncer perio. than two .ays, or refuses to quality as in this ordinance provited withtn two days after a notification to him of his appointment, shall be deemed to have vacated the said office, or when said office is in any way vacated the said Coun- cil shall thereupon procee. to fill such vacancy in the manner as provided in this ordinance. Q,UALIFICATION OF MUNICIPAL MAGISTRATE, ETC. Sec. 4, When any person ahall be appointed to the office of Municipal Macistrate, as in this ordinance provided, he shall before enterinc upon the duties of the said office, t~and subscribed to the following oath:- "I," , to solelllnly swear (or affirm) that I will 8uRPort and defend the Constitution of the United States, and perform all the duties of Municipa& Mag- istrate of the Town of Seward, Alaska, in which I am about to enter, to the best of my ability, and therein do equal right and justice to all men, lIlIIlI SO HELP ME,GOD." " This oath shall be subscribed and sworn to before some officer qualified to administer oaths in the District of Alaska, and shall be filed in the offiee of the Town Clerk of the said Town. . In addition to the said oath, the said person shall be- fore enterinc upon the duties of said office, Cive a bond to the Town of Seward, with two or more good and sufficient TKIVYYITX. sureties, to be approved in writinc. indorsed on the sait bond, by thex said Common Co.ncil. Said bond shall be in the sum of (One Thousant Dollars) $1000.00 conditioned for the faithful discharCe and. performance of the duties of'Munioipal Macistrate of the Town of SeWard, Alaska. ' The said sureties must justify 1n writinc on the sait Dond in double the amount of said bond, over and above, all just debts."ana liabilities, and they must be real property holders in the ..i4 Town. Said bond so executed and approved must be filed in the office of the Town Clerk. 22 I i! I, I' Ii ~. ..~ I/t!j/~ , {)~:fTJ7 . ~,~ef. II dt I]' Ii ,:1 ------~---_.- " 23 ,_........,,-- --.-. _.-' .. .......--- ._-_.. -.-.., ...:...:..:.. - -.. .~:.;;;.":: :.. ORDINANCE No V Page 2. "LAWS APPLICABLE TO MUNICIPAL COURT, ETC. and feee Sec. 5, All proceedina;s,llin said Municipal Court, or before any JUdee thereof, ehal1 be governed and fegu1ated by the laws of the District of Alaska, applicable to the Courts of Justices of the Peace in the District of Alaska, in so far as the same are app- licable to said Municipal Court, except as otherwise, in this Ordinance,~Yr~ provided. DOCKETS, RECORDS, ETC., OF SAmD COURT, ETC. Sec. 6, Said Municipal Court shall always be open for the trans- action of buisness except as in this ordinance provided. Said Municipal Magistrate shall keep appropriate dockets, and shall carefully file and presetve all papers, process and documents re- lating to his office or any proceedings therein. TITLE OF PROCEEDINGS, ETC. Sec. 7, In all actions or legal pro.eedings, inter partes, in said Municipal Court" arising under the ordinances of the Town of Seward, Alaska, the Town of Seward, Alaska, a municipal cor- poration, shall be the plaintiff. It shall be the duty of the Municipal Magistrate to collect all costs from defendants when this can be done, and shall make his judgement in every case cover such costs. Provided, that when any defendant has worked for the said Town in discharge of any fine, as in this ordinance provided, and the full amount thereof shall have been dischara;ed by su.a work, the said Town shall pay the said costs. WHERE ORDINANCES OF TOWN PROnDE NO PENALTY. Sec. 8, In any case where the Ordinances of the Town of Seward now in force or hereafter enacted, or any of them, fail to provide therein a penalty for the violation of any of the provisions ! 'thereof, any such violation shall be punished by a fine not ex- ceeding fifty dollars or imprisonment in the town ja1l not ex- ceeding ten days, or both. In all caees arising under the or- dInances of the said town, Imprisonment, when imposed, shall be in the town jail of SeWard, Alaska. NO BUISNESS TO BE TRANSACTED ON SUNDAY, ETC. Sec. 9, No Municipal Magistrate under this ordinance sha~l tran- sact any buisness on Sunday, or on any.lecal holiday, excep~ that he may issue warrants of arrest or commit~nt, receive the ve~_ diet of a jury, or order the discharge of a prisone~ on such a day, or perform such other duties conn~cted with his office as are absolutely necessary to be performed on such a day. EXECUTIU OFFICER OF COURT, ETC. Sec. 10, The Town Marshal shall be the executive officer of the Municipal Court. He shall preserve order therein, obey the Court's lawful mandates, serves its process and subpoenas. receive into his custody and faithfully keep all offenders and perf~rm such other duties as are usually required of executiTe officers of Municipal Courts. He Shall keep a true and correct written redOrd of the time of receivinc all offenders, the 1encth Of time of the commitment, for what offense committed, and when discharged from custody. Such record shall be open to the inspection of the public at all reas'nable hours. - I 'I -'" """"'l" ._ tn' J j -~~"",...:"",_..... .. -.' _ m','_.'___' __.. __.._.._. ....-----.---...-..--..-.-..--.--.... ... - -.-.-- ORDINANCE Ho . ;7 Pale 3. MAGI$TRATE TO AC'r AS CLERK, ETC. S.c. 11, The 'unicipal Ma,ist~ate shall act as the clerk of his own Court and ..all' keep in sys'tematic m.anner all papers,recorcls, files anel books lot Gr perta1nini to his office and allow the pub- 'lio to inspect the same at all reasonable hours. TITLE OF PROCESS, E~C. S.c. 12, All process or pleadincs in a cause ari8inl under the Ordinances of the Town of Sewarcl, Alaska in said Municipal Oourt, Jl&Y be enti tlet, .. 'substan'tially as follows: IN THE J!UNICIPAL MAGISTRATE'S COURT, TOWN OF SEWARD, TERRITORY OF '. ALASltA. ;The Town of Seward, Alaska, .a Municipal Corporation. : p~aintiff. vs. d~:ren4ant. , ; 'I ; All p~oce.8 must be dated and signed by the Municipal ~Iistrate with the name of his office. o I I , ! WHEN CO),{El~INT MADE TO MAGISTRATE, ETC. Sec. 13, When ~omplaint is, made to the Municipal Malistrate of ~he commission o:f a :19'iolatioh ot any ordinance, or part thereof, of t4e said Town,he ,must examine the informant on oath, ant reduce ~la .tat.ment tOlwri~in., and Cause the same to be subscribed by ~1m, and also t~e i~ writlnl the statements of any witne.,e. the informant may prOduce in his behalf. These statements otthese witn..ae. must be auPscribed and, sworn to by the~ FeU OF COMPLAINT, ETC. , i I . q ..c. 14, The fprm ~f the state_ent of the informant for in section Nb. l~ above may be substancial1y; as prOVided. IN 'l'HE MUNICIPAL MAGISTRATE'S COVRT, : ALA~. 1he 'l'own 01' Seward., ~la aka, ~ Municipal Corp.rat~on, plal,t1ff. TOWN OF SEWARD, TERRITORY OF TS. i'f '.1 COMPLAINT. d:er.nclal"t. DRRITORY OF ALASKA. ) : !OWN OF SEWARD : ) 1515. ,." that J il hereby complaina on oat. did, at Seward, Alaska, on the j II 'I II II II. II I I II Ii I I II il I' II II 11 II !l' I J , !' ~, , , 1 J I :. \ 1 Ii '-{ II 27 ORDIHANCE Ho " 7 pa,;e 4. day of 19 --- - contrary to the ordinances of the said Town of Seward, in such cases made and provided. Dated at Seward, Alaska, this - 19 - Subscribed and sworn to before me this day of 19 -- Municipal Magistrate. WHEN WARRANTS TO ISSUE, ETC. Sec. 15, That if the Municipal Macietrate be satisfie. from the statements9 or any of them, provided for in section 13 of this 0'1'- dinance, that the violation complained of. has been committed and that there is probable cause tobeleive that the person charged therewith committe. the same, he must issue a warrant for arrest "1' said person.. WARRANT AND FORM THEREOF. ETC. l' Sec. 16, A war~nt of arrest is an order in writinc, in the name of the Town of Sewar4, Alaska, sicned by the Macistrate with his name of office, commanding the arrest of the person therein named. It may be'subetantiallY the following form: -\ (Fill in title of court and cause) In the name of the Town of Seward, Alaska, Greetinc: To the Town Marshal of the Town of Seward, Alaska, or any deputy; or any person ~pecially authorized to serVe this warrant. Information that the offenoe ot tion of ordinance No. and accusinr; on oath of having been this day laid before me , in viola- the saId 1own, has been committed, thereof. NoW therefore, you are arrest the above named before me at my office in the Town of Seward, with according to law. hereby commanded forthwith to and brine him Alaaka)to be dealt Dated at Seward, Alaska this_day of 19 --- Municipal Magistrate. WHO TO SERVE WARRANT WHEN MARSHAL UNABLE. ETC. Sec. 17, serve the aPPoint a That if the Town Marshal i' for any reaaon unable to warrant, the Municipal Macistrate may, in his discretion, person to serve ~e same, and suoh appointment must be \ ,- ~...."'l:'::_.....1W,.~ _~ :,..... ,,-. -.. A r= 29 --,.---.-.,. " .- ..._.__"__~_.n~._ , __ ORDINANCE No-1- page 5. noted on the records in the cause, by the Macistrate, and the reasons for the said appointment shall also be so entered. Said person so appointed shall be entitled to the same fees and com- pensation as special deputy United States Marshals as ex-officio constables obtain in the Territory of Alaska. EXECUTION OF WARRANTS, ETC. Sec. 18, The person to whom the warrant is directed shall pro- ceed forthwith to arrest the person therein named, who is accused, and bring him before the Magistrate, and return the said warrant into the said Court with his doings in the premises endorsed there- on as follows: TERRITORY OF ALASKA, ) Town of Seward, ) SSe I hereby certify that I have executed the within warrant by arresting the person accused, as therein named, and I now have him in Court. Dated at Seward, Alaska this___ day of 19 - " DJWCn+X Sec. 19, The complaint or statement of the informant and the warrant, as provided for in this ordinance, must specify the name of the defendant, if known, or if it be unknown, the defendant may be designated by any fictitious name, with a statement therein that his true name is unknown. The warrant and complaint must also state an offense in respect of Which the Magistrate has authority to issue a warrant. WHEN DEFENDANT'S NAME UNKN01J'lN, ETC. DEFENDANT TO BE TAKEN BEFORE ':'HE MAGIBTRATE AT ONCE, ETC. Sec. 20, The defendant must in all cases be taken before the Magistrate without delay. EVB~RY PERSON TO AID OFFICER 1fAKLTG ARREST. Sec. 21, Every person must aid an officer in the execution of a warrant, or the arrest of an offender without a warrant as in this ordinance provided, if the offi_er, or other person, as the case ~y be, requires his aid, and neglect or refusal to do so is a misdeaeanor. HOW ARREST I,IADE 'In TH WARRANT. Sec. 22, The officer, or other person, as the ca se may be, must inform the defendant that he acts under the authority of the war- rant, unless he is making the a~rest without a warrant, as in this ordinance provided, and must show the warrant if required by the defendant to do so. The officer, or other person, as the case may be, may break open any outer or inner door or window of a dwelling house, or other structure, if after notice of his author- ity and purpose, he be refused admittance; and such officer, or other person, as the case may be, may break open any outer or~nner door or window of a dwelling house or other sti'ucture, for the pur- pose of liberating a person who having entered forx the purpose of making an arrest, 1a unlawfully detained therein, or when necessary ~n~ "i~ nW~ 'i~~~o+~^~ r'~. 31 ORDINMTCE No page 6. ':THEN PERSON trAY ARREST WITHOUT WA1:tH.ANT, ETC. a Sec. 23, Any person may, without^warrant arrest a person, for a crime committed, or attempted, in his presence: but in such cases he must without delay, take him before the Magistrate, or if the Magistrate cannot then be found, he must deliver him to a police officer of' the town.' Any such officer of the town may, without warrant take before the Mfjgistrate, a person, who being en- gaged in the violation of an ordinance, is arrested by a bystander or other person and delivered to him, and it shall be the duty of such officer to do this forthwith after the delivery to him. :.rAGISTRATE HAY ARREST, ETC. Sec. 24, ~~en an offence is comnlitted in the presence of the Mag- istrate he may arrest the offender or command any person present to arrest him, and may thereupon proceed as if the offender had been brought before him upon a warrant~ of arrest. ';,'HEN DEFEHDAlTT BROUGHT BEFORE IV-tAG I STRATE, ETC. Sec. 25, Vilien a defendant is brought ~ before the Magistrate up- on an arrest, either with or without warrant, on a charge of having violated any ordinance, or part thereof, of the Town of Seward, the Magistrate must immediately inform him of the charge against him and of his rights to the aid of counsel before any further pro- ceedings are had. REASONABLE TIME TO GET COm!S:::'IJ, ETC. Sec. 26, That the 1~gistrate must allow the defendant a reasonablu time to get counsel, at his own expense, and where necessary, ad- journX the examination for that purpose, and may, upon the request of the defendant, require the Town Marshal to take a message to such counsel if in Seward. WHEN TRIAL MUST PROCEED, ETC. Sec. 27, That when counsel appears, or if after waiting reason- able time, no.ne appear, or if the defendant do not require counsel, the Hagistrate must proceed to try the cause. HOW LONG TRIAL TO LAST, ETC. Sec. 28, The trial must be completed at one session, unless the Magistrate, for good cause shown, xmtBBXXXi%x adjourn it; andthe adjournment cannot be for more than one day at each time, nor more than five days ina all, unless by consent of the defendant. BAIL WHEN, ETC. &ec. 29, If an adjournment be had for good CQuse the 1fugistrate must commit\ ille defendant for trial, or must discharge him from cust?dy until the close of the trial upon his giving bail satis- factory to the l~gistrate, or depositing money with the Magistrate in lieu thereof, for kXxax his appearence at any and all times when he shall lawfully be required to be present. FORM OF Cm:MITJlEFT F()R TRIAL, ETC. I ._-,~,",-~--'""'''~''''''''' ,." 33 Ordinance !,o~Page 7. Sec. 30. The commitment for trial as provided for in Section 29 of this Ordinance may be endorsed on the back of the warrant of arrest.and must be signed by the 1~gistrate. It may be in the following form: "The within named having been brought before me under this warrant,is hereby committed for trial to the custody of the Town Marshal of the Town of Seward. Alaska,and you. the said Town Marshal,are hereby commanded to de- tain him in your custody until he is lawfully dischareed. Dated at Seward. Alaska. this day of 19. - - Municipal Magistrate." PROCEDURE AT ARRAIGNMENT.ETC. S8c.3l. At the trial the 1~gistrate must.in the first place. read to the defendant the statement upon which the warrant of ar- rest is issued. and the said defendant must be required.to plead thereto. His plea may be **'IfW1ll "GUILTY" , "NOT GUILTY" , or "FORMER CONVICTION OR ACQ,UITTAL OF THE SAlm OFFENSE". His plea must be oral and entefed by the 1~gistrate in the docket. If the defendant rifuses to pleM-the :Magistrate must enter that fact. to- gether with the plea of "NOT GUILTY" . " If. after the entry of a plea. except the plea of "GUILTY, the defendant do not then demand a jury. the Magistrate must pro- ceed to try the issue. If the defendant demands a jury he shall at the same time deposit with the Magistrate a sum sufficient to p pay a jury's fees for one day and the fees and expenses of the of- ficer summoning the same. ORD:fjR TO SUl!!:WIT JURORS. ETC. Sec. 32. If a trial by jury be demanded. and the defendant makes the deposit as in the foregoing section provided for. the IZagis- trate must make an or4er in writing directed to the Town Marshal. or to some person appointed by the Court for the purpose. co~~n- ding him to summon twelve persons to serve as jurors in the action at a time and place to be named therein and the order must also require the ~aid persons summoned,to appear before the Magistrate at the time and place therein named. HOW ORnER TO BE SERVED. ET C. Sec. 33. The officer or other person to whom the order is dir- eoted must sefve -the same fOl'thwi th. by giving notioe. orally or in writini to each person selected. of the time and place he is required to appear and for wh~t purpose. The Jury must be impar- tially selected and only such persons must be selected whom the officer knows or has reason to beleive are ~MTYYYXMXK~~KYMY~ qualified aocording to law. When the selection is made the JlfiXZB officer, or other person as the case may be. must return the order to the Magistrate, with his certificate in writing endorsed upon the order. of his doings under the order. and setting out the names of the persons sWlliuoned. This certificate must be signed by the officer 0,' other person to whom the order is directed. JUROR OR WmTNESS FAILI:W "0 Rl~SPlJlID. K'C. Sec. 34, If any person }lavine been duly sw, ;"oned as a juror or witness shall fail to.obey such SUlMlona the N':agistrat.e ma;)' isstAe a bench warrant for him, commending the Town Earahal to bring him forthwith before the l~agistrate; and on his appearence he may ie dealt with summarily as for contelllpt of Court. as in this ordin- ance provided. , .1 ., -, ,1 ! :1 '. 'I r~ 3" - f.) ORDHTAFC] lTo_ Page 8. 'niEN l~CJ';SSARY, HOY! PAIEL 1<'ILI..E:E>, ETC. Sec. 3!.i, If a sufficient number of jUl70rs do not appear at the time and place required, or if B.ny of those appearing are chaD,- enged, ei ther peremptorily or for CaU8€, cq" in thi s ordinance.pro- vided, or are found disqualified, t.he Hagistrate must order the officer or other person to summon a sufficient number of other' qualified persons to complete the panel. CHALU:IWE S, ETC. Sec. 36, Both the plaintiff and the defendant may challenge for cause and each side is allowed three peremptory_ challenges. A peremptory challenge is one for which no cause ox' reason nee~d be assigned. The same challenges for cause shall be allowed as hose provided for in Chapter Fourteen Part Two of carter's Annot-a& d Alaska Code. The defendant shall first, and then the plaintiff, examine each juror and then pass him or chc:llenge for cause.xtiB%.X After the challenges for cause are finished and when the panel is full the defendant may challenge one peremptorily, then the plain- tiff one peremptorily, and so on alternating thus until each side ~ e:xhs,uet its peremptory challenges or announces that it is satisfied with the jury. But after each challenge the panel nwst be filled. In all ot.her respects the proceedure as t.o the forma,- tion of t.he trial jury shall conform as nearly as possible to~he proceedure l~ovided for in Chapter Fourteen Fart Two of Carters Anotated Alaska Code. Y~'I TNE SSES, ETC. Sec. 37, The Hagistrate must subpoena all wmtnesses to appear at the time and place of the trial. The defendant must pay the fees of his own witnesses 8.nd also the fees and expenses of the cD'fficer serving the subpoenas for the same. But the Town will pay for such witnesses if the defendant makes a paupers affidavit in the manner I'equired bynlaw and thi$ ordinance. In case, the defendant makes such paupers'affidavit the proceedure shall be the same as that followed in the District Court for Alaska. The informant and complainant and such witnesses whose statements have been re- duced to writing by the Magistrate, as in thiB ordinance provided, must be J;>resent at the trial. In all other cases no witness need be subpo~naed if he is not within five miles of the place where the Kagistrate holds his Court., as in this ordinance provided. All wit- nesses subpoenaed and in aiXeXKXBK attendance must be examined in the presence of the defendant, and shall be subject to the right of crose examination. V1iEN Dl<jYHDA1:;T PLEADS GUILTY, ETC. Sec. 38, When the defendant pleads "GUILTY. , or is convicted, either by the Magistrate or a jury, the 1,tagistrate must give judge- ment for such punishment as may be prescribed by ordinance for the crime. W'hen the defendant is found "NOT GUIL'l'Y't, ei the!' by the rlagistrate or a jury, he must be immediately discharged. JUDGElt.ENT A1':D FORM OF, ETC. Sec. 39. The judgment or the order of discharge must. be entered in the proper place in the docket of the Court. The judgment may be subst.ancially as follows: (Title of Court and cause) r. 9'"" d' ORDINju;C~ NO~ Page < ) i/ 9. ~;Z:1U/~ JVDG I.":E:I;T . named. .. ha.ving been -- , iiUnicip81 !V'aeiatrate of Alaska, lXia erlmlnal action, for the offense in violation of ordinance No. : _' -:~n --- ha.ving therevpon plead , and having oeen duly tried by , and upon aucntrial duly convi<.:1.ed, it is the jUdgment cmd sentence of the Court that he be imprisoned in the Town Juil in Seward, Alaska, for the peried of days, and that he pay the costs of this action, taxdatlf , (or that he pay a fine of $ and" ..ueh costs, a.nd be im- prisoned in such jail until such fine is paid, not exceedinf one day for each t1f1lJ dollars of auch fine, exclusive of costs, a.s the caee Dlay be) (or bo t.h such fine and impri sonment, ae the case may be). The a.bove brought before me the Town of Seward, of and the said lfun1cipal Magistra.te:- ~ WHEN AND ROV: LONG TEE DEFENDANT IMPRISONED,ETC. Sec. 40, If any pereon having been adjudged tp pay a fine, as in this ordinance, provided, is unable or unwilling to pay such fine, he shall be imprisoned one day in the Town Jail for every two dol- lars of the said fine, but in no case can he be imprisoned for costs. If the fine and costs are paid before cOllJI!'!ittment they must be paid to the Magistrate; if after committment, they may be paid to the officer in whose custody the defendant is, and said of- ficer must forthwith pay the same to the Magistrate. HO'f JUDGME;NT EXECUTED, ETC. Sec. 41, The Magistrate must at once make a certified copy of the judgment and deliver it to the Town Marshal, who must xx. keep the defendant as therein provided for. 1D~K EXl~CUTION ON JUDGMENT TO ISSUE, ETC. Sec. 42, If the judgment for fine and costs is not paid, or an appeal is not taken and the judgment stayed, as in this ordinance provid.ed, the li::agistrate may, in his discretion, issue an execu- tion against the personal property of the defendant. I:r Illay be substanTially in the following form: (set out the title of the Court and cause) Territory of Alaska, ) 'l'own of Seward. ) ss. In the name of the United States of America and the Town of Seward, Alaska. To the Town Marshal of the Town of Seward, Alaska, or any deputy- GREETING; \Vhereas, the Town of Sewa.rd, Alaeka, did on the day of 19 ,obtain judgment before the underSigned MuniclpeJLYaglstrate of saTd town against for the violation of Rn ordinance of said dollars, and costs amoun- o.ollare, 1~his behalf. These~presents are therefor to connnand you to levy these said amounts,of the goods and chattels of the said within the Town of Seward, Alaska,and town for the sum of ting to ... __. r . r'-' , :r~ H~l CPJ):;:EAECJ!~ No Page 10. su~ject to execution, and expose the Sfuue to sale REBBKX~ accor- ding to law, a,nd from. want of suffictent propert,~' to satisfy said amount you are hereby cor.@anded to cO~uit the said to the Town Jail of SewHrd, Alaska, there to remain one 'd"ay-1'or-- each two dollars of the amount of the fine, exclusive of costs, which remains unpaid, and detain him according to law. And you are commanded to make return of t.his writ within sixty days from the date hereof, with your written return thereon, showing how you have executed the same. Given under my hand this_ day of 19 Municipal Maglstaate. " The officer receiving said writ shall execute the same forthwith. Provid.ed, that upon rendering judgment as in this ordinance pro- vided the Municipal 1~gistrate shall require i~nediate payment of said judgment, B,nd the defendant, if present, shall not be permi tt- ed to depart from custody until said judfment shall be satisfied. And if said defendant is not present, the Town Marshal must take the certified copy of judgment delivered to him and apprehend said defendant and keep him as therein provided for. ATTEMPT TO C01~IT CRIME:, ETC. Sec. 43, Who ever attempts to commit cmy offense prohibited by ordimmce of the said town, e,nd does any act towards the cormnission thereof, but fails, or is intercepted, or prevented in its execu- tion, 1'!here no express provision is made by ordinance for the pun- ishment for such attempt, shall be punished by a fine not exceed- ing one-half of the fine provided by OI'(Hnance a s a puni shment for such crime if committed, or by imprisonment not exceeding one-half of the time of imprisonment provided by ordinance for such offense, if committed. AIDING, ABETTING, ETC.,IN CO~lUISSION OF CRIME. Sec. 44, 11Thoever aids, a.bets, a.esists, e,dvises, or encQura,ges the commission of any act prohibited by ordinance, or by any means wha,t ever, direct or indirect, procures such offense to be committed, or whoever commitll an offense through the intervention of an agent, or servant or other person under his control, shall be guilty of the commission of such offense, and may be proceeded against in the same manner as though such offense had been committed directly by him, and such agent, servant, or other person, doing any prohibited act under the ordinances of said town, for or on behalf of another shall be guilty of such act and shall be punished accordingly. WHAT ASSESSED AS COSTS, ETC. Sec. 45, In each case the I~gistrate shall assess as costs Buch fees as are allowed Commissioners as ex-officio Justices of the Peace and United states Deputy Marshals as ex-officio constables, in Division Number Three of the Territory of Alaska. HOW :M01'EY PAID ON JUDGN:ENT TO BE APPLIED, ETC. Sec. 46, Any money paid to the Magistrate upon a judgment in a criminal action before him must first be applied to the costs of the action and the balance in satisfaction of the jud~aent. TRUE NDlE OF DEFENDANT TO BE ASCEHTAH1JW, ETC. Sec. 47, If any person designated by a ~EXi%HHll fictitious name .-. -~--~--_._.. 41 . - ~_.,.,,--..__.".,--- ._.~ ..---.-.--.,. .......--.. ~.,~ -_. --..-.--.- ...~_..__..._~..~._--~_...,~_. ,. -. -- -.----.------ ORDINANCE NO~ Page 11. in a complaint, or other paper, as in this ordinance provided, re- fuses to disclose his true name to the l~unicipal ;:agistrate he may be tried, convicted, and punished bY the fietitiou8 name. It shall be the duty of the Magistrate to ascertain the true name of the person, if he can, and note the same in the records and papers of the proceeding against him. AMEIID1rENT OF PLEADg;GS, ETC. Sec. 48, No suit or action commenced by the Town of Seward shall be dismissed or discontinued, or an~ prisoner discharged, on ac- count of any defects or informality in the process or pleadings by which the defendant is before the Court, or by reason of any in- sufficiency of the complaint or warrant, if the said complaint charges an offense; but the Court nmy, on matton, or itself, allow or make an amendment of any such pleadings or process at any time during the proceedinis. PROCURING EVID:FNCE, ETC. Sec. 4~, All officers making arrests shall attend before the Court during trial and ehall procure all evidence within their power and shall furnish lists of witnesses to the Court or the Municipa.l Attorney. Any officer making an arrest without a warrant, shall make the complaint, ae pDovided for in this ordin- ance, charging the person with the offense, and thereupon a warrant muet be issued and return made, as in other cases,before the trial sha.ll proceed. DEFENDANT FAILIl\G TO APPEAR, ETC. Sec. 50, When any defendant duly summoned, or who may have given bail for his appearence as provided for in this ordinance, shall fail to appear at any time he is lawfully required to appear, the Uunicipa.l Magi strate, or the Town Marsha~, shall call the said def- endant three separate times, in e~ audible tone of voice, and he failing to respond, the said Magistrate must declare said defen- dant in default and enter the same of record in the cause, and, if the said defendant riae given a bond the said Magistrate must enter an order forfeiting said bond, and at the next regular meeting of the Common Council notify it in writing of the facts in regard to said bond. If the said defendant has deposited money in lieu of said bond, as provided for in this ordinance. the 1~gistrate must de'lare said money forfeited to the Town of Seward and must dispose of said money in the same manner as he disposes of fine money, as provided for in this ordinance. Thereupon the said Magistrate shall proceed to hear the testimony in the said cause and shall %aX render judgment therein a.s the facts it, the case, di sclosed by the testimony, warrant. FORM OF BAIL BOND, ETC. Sec. 51, The form of the bail bond, as provided for in this or- dinance and particularly section twenty nine thereof, may be sub- stantially as follows: ./ (title of Court and c~use) BAIL BOND. A criminal action having been commenced on the day of 19 , in the above named Court against for thex crime of - in violation of ordinance No.XX of the Town of Seward, Alaska r 43 -,_.~--- ~----,-_.._.,.._. ,---~.__.-...__.. .'. -'--~--'---- -- --",.-.------ ..'-. ",.-- -'-..- -- ",- '.--. ---,~-----_._--~ ". --- -_..-.. -.._.. .- --. .~- ._- .. - .--.-.-.'. Ordinanoe No~Page 12. and he having been duly admitted to bail by said Magistrate XXX in the sum of dollars; We, ,as principal,and , and ,of the Townnof Seward,Alaska,ae sureties, hereby undertake that the above named ,s~all appear at the time and pla.e fixed for the trial of the above mentioned aotion,or whenever lawfully required to appear,and shall at all times render hiase1f amenable to the orders and processes of the said Court,and if convioted shall appear for judcment and surren- der himself in exeoution thereof,or if he fail to perform any of therse oonditione,that we will pay to said Town of Seward,A1aska, the sum of Dollars. Dated at Seward,Alaska:- ,19_. L.S. L. S. L. S. Taken and aCknOWledged before me this____day of 19 - iUnicipal ~agista.te. United States of Amedea) Territory of Alaska (ss. Town of Seward ) and .sureties on the foregoing bond,being first duly sworn,each for himself and not one for the other, says: That I am a resident of the Territory of Alaska,and a duly qualified person to become a bondsman, That I am worth the sum of dOllars,exclusive of property exempt from execution and over and above all just debts and HabiB ties. Subscribed and sworn to before me this____day of 19 Municipal Magistrat~--- The above undertaking ie allowed and approved by me this day of 19 . Municipal Magistrate:n- APPOINTING PERSON TO SERVE PROCESS,ETC. Sec. 52. Vfuenever it appears to the magistrate that any process, order or subpoena authorized to be made or issued b;; this ordin- ance will not be served for the want of an officer,such magistrate may appoint an, suitable person,nor being a party to the action, to serve the same. Such appointment must be by an endorsement on the process or order in substantially the following form: "I hereby appoint to serve the wi thin pro- cess,order or subpoena (as the case may be)." Municipal Magistrate. Sec. 53. APPEALS AND STAY OF EXECUTION ,ETC. Appeals from the judgments of the Municipal Magis- r' . ~.- .'-- .~--,. -~ ~.~--~' ----._~---- -- ~F' 73 Ordinance NO~Page 13. I I ~ -...- . -.- ..- ~- trate's Court of the Town of Seward,Alaska,and all stays of execution of the same shall be allowed in the same manner and un- der the same conditions, and the same procedure shall be followed as provided for in Chapter Forty Three, Part Two of Carters Annot- ated ~ Alaska Cod"except as otherwise, in this ordinance pro- un: vided. ~ :x:u::o:nxo xxxxxxx..'OOCXX..xx.x.x.x.xxx UNDERTAKING ON APPEAL. Sec. 54, The underta~ing for appeal shall be filed in the Magis- trate's Court, with one or more sureties to be approved by the Mun- icipal Magistrate, in such sum as such Municipal Magistrate may desilnate, not to exceed the sum of Two Hundred Dollars, for the payment of costs on appeal; and if a stay of proceedings is claime~ in Q. sum equal to twicw the amount of the fine, or if the sentence of the Municipal Magistrate be a sentence of imprisonment in t he Town Jail, then in such sum as the Municipal Magistrate may desig- nate, not to exceed the sum of One Thousand Dollars; conditioned that the defendant will pay the amount of the fine appealed from and all costs, if the appeal be withdrawm or dismisse', or that he will surrender himself in execution of the jUdgment of the said Municipal Magistrate, as the case may be; or that he will pay the amount of the fine and all costs that may be imposed by a jUd&ment of conviction in the said United States Court for the Terridlory of Alaska Division Number Three, or that he will surrender him'elf in execution of any judgment of imprisonment which may be imposed by the said United States District Court for the Territory of Alaska Division Number Three. CIVIL ACTIONS, ETC. Sec. 55, That in all cases where the Municipal Magistrate of Sew- ard, Alaska rna.y have any jurisdiction over civil matters, the eame shall be begun and prosecuted and the same procedure followed as Carter~ Annotated Alaska Code provides for Commissioners of the Territory of Alaska, as ex-officio Justices of the Peace. CONTEMPT OF,COURT, ETC. See 56, The following acts or omissions in respect to the Munici- pal Magistrate's Court of the Town of Seward are deemed to be con- tempt of the authority of the CoUrt: 1--; Disorderly, contemptuous or insolentllr' behavior to- wards the Judge while holiing the Court, or any conduct tending to impair its authority or to interrupt the due course of ~trial or other judicial proceeding or action. 2--; Disobedience of any lawful jUdgment, process, ~ub- poena, venire, or other lawful order of sa.id Court and any unlaWful interference with the proceS8 or proceedings of said Court. PROCF.EDINGS FOR PUNI SmIENT, E'l'C. Sec. 57, When a contempt is committed in the immediate view and presence of the Court, it may be puniahed summarily for which an order must be made in writin& in the dmcket reciting the facts as they occurred, and determining and stating that the person proceed- ed against is thereby guilty of a contempt, and that he be punished as therein preecribed. In other cases of contempt the trial shall proceed upon testimony produced as in criminal cases a.nd the accuset:L shall be entitled to be confronted with the witnesses against him, but such trial shall be by the Court, unless the defendant demands a jury tria~ and complies with the conditions of this ordinance for a jury trial. If tried by a jury the proceddre shall be the .ame , I '~ ,I r" ORDINAlTCE No__ Page 14. as is provided in this ordinance for criminal cases. In any case of contempt, other than those provided for above in this section. before any proceeding can be taken, the facts constituting the con- tempt must be shown by an affidavit presented to the Court, and thereupon such Court or Judge may either make an order upon the !D:J:.. person charged to show cause why he should not be arrested to an- swer the charge. or it or he issue B warrant of arrest to bring such person to answer %m xx in the first instance. Pilla SHMENT FOR CONTl!:MP'1, ETC. 1! Sec. 58. The punishment for contempt of the :iiIunicipal Magistrate' Court shall be by fine or imprisonment, or both. but the fine shall not exceed twenty five dollars nor the imprisonment ten days. PRI SOlilERS WORKIKG OUT :E'INES, ETC. Sec. 59. In all caees where the same is practicable, prisoners failimg tp pay fines and where the same are not paid by execution as in this ordinance provided, prieoners shall be compelled to work them out on the publie streets or public improvements of the Town of Seward. Alaska. The officer 01' person having charge of any such prisoner shall cause him to labor faithfully and diligently and shall give hirr credit for the time actually worked at the 1ate of three dollars per day. Such prisoner shalJ,. be returned tolthe Town Jail at noon and at night until discharged. when the person having him in charge shall give him a statement of the time ne has actually labored. and said custodian shall also make a full return of the same to the Court asseesing and imposing t.he fine. The Town Marshal is responsible for all prisoners and must provide for their safe keeping. DISPOSITION 01,' MONEYS. ETC. Sec. 60, All fines forfeitures, or other moneys received by the Municipal Magistrate in his official capacity shall be paid by him on the first of each and every month, unless otherwise provided by ordinance, to the Town Treasurer; ,and he shall be responsible for the safe keeping thereof until so paid. He may, howeve;.', l-LY said money sooner. as herein provided, in WTWR~IiiBx his discretion. The Town Treas~rer must Cive the Municipal Magistrate duplicate re- ceipts for all money so paid, and one of these the said 1.ragistrate must file,forthwith,with the Town Clerk, and the other he must file and preserve in his office. PLACE OF MU1IICIPAL COURT, ETC. Sec. 61. The Town of Seward shall provide a suitable and properly furnished room and office, together with light and fuel, for the use of the Municipal Magistrate. PrOVided. that one room may serve for the Court Room and office, as herein provided. I! REPORT OF MAGISTRATE, E!C. See 62. The ~unicipal lfugistarte shall make out and file with the Town Clerk, on the first mondays of January, April, July and Octo- ber, respectively, of each year, or within five days thereafter, a full. true, correct and complete quarterly report of the buisness transacted in his Court for the preceeding quarter, in which said report shall be set forth in appropriate columns the names of all persons arrested and brought before the Court, the date tl1ereof, the offense charged, the amount of fines, the term of committment, t.he amount of costs, aJIlount of fines and fees collected, and the Ii Ii I i '1 " I ,I ,I . '7'7 ORDINAJlTC:F; NOl. Page 15. e..mount due to wi tnesses and other persons. if any. and to whom pay- able. TIUE OF TAKING :E1i']''ECT. Sec. 63. Thi B ordinance shall take effect and be in full force and effect from and after its passage and approval. Passed under suspension of the rules and ~?Joved by the Common Council of the Town of Seward. Alaska, thie - _ dayof JUly. 1912. vd Approved by the President of the Common Counen this ~- day of July. 1912. AT'l'E ST : , Pree and Seward .