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fame, shall be principal ministerial officer of the corporation,

Extent of jurisdiction.

Shall suppress riots, etc., and arrest fugitive criminals.

SEC. 147. · The chief of police shall be the principal ministerial office of the corporation and may, with the approval of the board of fire and police, appoint one or more deputies from the police force for whose official acts he shall be responsible; he shall by himself or by deputies execute and return all writs and process issued by the police judges; he or one of his deputies shall attend on the sitting of the police court and preserve order therein; and his jurisdiction and that of his deputies in the service in process in all criminal cases, and in cases for violation of the city ordinances, shall be co-extensive with the county.

SEC. 148. He shall suppress all riots, disturbances, and breaches of the peace, and to that end may call on any person to aid him; he may pursue and arrest any person fleeing from justice in any part of the state, and shall forth with bring all persons by him arrested before the police judge for trial or examination; he may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states.

Sec. 149. He shall have in the discharge of his proper duties like powers, and be subject to like responsibilities as sheriff in similar cases.

SEC. 150. The policeman of the city shall have the same power as constables in arresting all offenders against the laws of the state, and in like manner may arrest all offenders against the ordinances of the city. In the discharge of their duties as policemen they shall be subject to the immediate orders of the chief of police,

Shall have like powers as sheriff.

Policemen shall have like powers as constable.

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Sec. 151. The police judge shall have exclusive Duties and jurisdiction over, and it shall be his duty to hear police judge.

. and determine all offenses against the ordinances of the city, arising within the corporate limits of the city, or within three miles of the corporate limits thereof, and if misdemeanors under the laws of the state arising within the limits of the city, when the fine which may be imposed does not exceed one hundred dollars, or the imprisonment three months, and he shall also have jurisdiction for the examination of offenders against the laws of the state for offenses arising within the city limits.

Sec. 152. The police judge shall be a conserva- Samo. tor of the peace, and his court shall be open every day, except Sundays, to hear and determine any and all cases cognizable before him. No act shall be performed by him on Sunday, except to receive complaints, issue process, and take bail. He shall have power to enforce due obedience to all orders, rules, judgments, and decrees made by him; he shall have the same power as the district court in the issue of warrants, subpæna, or other process that may be necessary, and may fine or imprison for contempt offered to him while holding court, or to process issued by him, in the same manner and to the same extent as the district court.

SEC. 153. In all cases before the police judge, Appeken, arising under the ordinances of the city, wherein the fine assessed exceeds the sum of ten ($10.00) dollars, or the imprisonment ten days, an appeal may be taken by the defendant to the district court

be when.

Shall sign bill of exceptions.

by district court.

in and for the county in which said city is situated; but no appeal shall be allowed unless such defendant shall, within ten days, enter into recognizance, with sufficient sureties, to be approved by the judge, conditioned for the payment of the fine and costs of appeal, if it should be determined against the

appellant.

SEC. 154. On the trial of any case in the police court, it shall be the duty of the police judge to sign any bill of exceptions tendered to the court during the progress of such trial; ;

Provided, The truth of the matter be fairly stated;

and thereupon, said exceptions shall be entered in Judgment may the record of such trial. Any final conviction, sen

tence, or judgment of the police court may be examined into by the district court on writ of error, which

may

be allowed by such court or the judge thereof, for sufficient cause, and proceedings may be stayed as may be deemed reasonable; and the revising courts shall, in such proceedings, take judicial notice of all ordinances of the city, the judgment of whose police judge said court may be examining

Sec. 155. Cases in the police court arising under the ordinances of the city shall be tried and determined by the police judge without the intervention of a jury, unless the defendant demands a trial by jury, as in other cases in said court for misdemeanor arising under the law of the state. In all trials by jury in the police court challenges shall be allowed in the same manner and for the same causes as in the district court in cases of misdemeanor.

Trial by jury, when.

by defendant

SEC. 156. If the defendant is found guilty the Judgment. police judge shall declare the punishment, which, in cases arising under tne ordinances of the city, shall be by fine or imprisonment, or both; and shall render judgment accordingly. It shall be a part of the judgment that the defendant stand committed until the judgment be complied with, and all fines and costs are paid, and it shall be lawful to further provide as part of the judgment that until such judgment be complied with, and such fines and costs are paid, that said defendant be required to work work on street out said fine and costs upon the public streets, or at any other place that may be provided, at the rate of two ($2.00) dollars per day for each day that said defendant shall actually work.

Sec. 157. If, upon trial under the provisions of Prosecutor this act, it shall appear to the satisfaction of the police judge, or jury, that the prosecution was commenced without probable cause, or from malicious motives, the judge, or jury trying the case shall state the name of the prosecutor, or prosecutors, in the findings, and shall impose the costs of the prosecution upon him, or them, and judgment shall be rendered against said prosecutor, or prosecutors, that he, or they, pay such costs and stand committed until the same is paid.

SEC. 158. The police judge shall have all power Postponement necessary to the performance of his duties; he shall bring parties to trial without unnecessary delay; he may, upon good cause shown, postpone the trial from time to time and secure the presence of the defendant by recognizance or otherwise. In all

sball pay , when.

Fees.

Account of same.

cases not herein specially provided for, the process and proceedings in the police court shall be governed by the laws regulating proceedings in justice's courts in criminal cases.

SEC. 159. The police judge shall tax and collect the same fees and costs as are allowed a justice of the peace for similar services. Jurymen and witnesses shall receive the sum of one ($1.00) dollar for each days' attendance. In no case shall the city be liable to pay any costs or fees in cases in the police courts, and all fines, fees, and costs taxed and collected by the police judge shall be paid into the city treasury at the end of each month, accompanied by a full and accurate statement of all fines, fees, and costs taxed and collected, or taxed and uncollected. All witnesses' fees remaining unclaimed for ninety days after the same shall have been collected by the police judge shall be forfeited to the city, and shall be paid to the city treasurer by the police judge, who shall report at the end of each month to the city council all witness fees collected by him and in his possession. The police judge shall be liable upon his official bond for the prompt payment, as required by this act, of all fines, fees, and costs to said city.

SEC. 160. In case of a vacancy in the office of police judge, by death, resignation, or otherwise, or in case of his absence, disability, or inability to perform his duty, it shall be the duty of any acting justice of the peace within the city, who shall be designated by the mayor in writing, to act as police judge during such vacancy, absence, or inability, in the trial of causes cognizable before the said judge.

Vacancy.

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