HomeMy WebLinkAboutOrd 31 - jurisdiction in the corporation court
8]
ORDInANCE NO. 31
AN ,ORDINANCE PRESCRIBING TIIE JURISDIC TION IN THE CORPffiATIOn
COURT; of the CITY OE' ~TIST UNIVERSITY PLAOE; PROVIDING FOR THE
RULES OF PRAOTICE 111\ID PROCEDURE; PHOVIDING FOR THE CLERK OF
SAID COURT,DEPUTY CLERKS, PRESCRIBING TlTIiIR DUTIES, THEIR
REMUNERATION; PROVIDING FOR A SEAL OF COURT, TAXING OF DOSTS,
JUROR.S, IvLETHOD OF PAYING COSTS AND FINES; PROVIDING FOR CERTAIN
DAILY REPORTS BY THE CITY lVIARSILI\L; PROVIDING FOR A DOCIillT TO BE
KEPT BY THE RECORDER; PROVIDING FOR THE MANNER OF COM~ffiNCING
PROCEEDINGS;THE FILING OF COMPJ:"'1.INT, THE ISSUANCE OF WlffiRANT,
TRISLS, THE RELEASE AND COMMITMENT OF PRISONERS, INHIBITION
AGAINST REDUCTION IN FINES AND COSTS, EXCEPT IN CERTAIN CASES:
INHI~ITING THE DISMISSAL OF CASES VITTHCUT PEPJ~ISSION OF THE
RECORDER; PRESCRIBING THE.POv~RS OF THE RECORDER, THE ADMINIS-
TRATION OF THE CORPOR1\TION COURT, THE ]l[ETHOD OF PROCEEDING,
JUR;ISDICTION 'OVER CORPORATIONS, AND FOR THE ASSESSMENTS OF
FINES AGAINST CORPORATI9NS, REPEALING ALL PRIOR ORDINANC.ES~
AND PROVIDING THAT SAIVIE TAKE EFFEorTIMMEDI il.TELY.
BE IT ORDAI~ED BY THE BOARD OF COMMISSIONERS OF THE CITY
<F ~'ifEST UNI'JERSI11Y PLACE: <
ARTICLE I.
Section 1'~
! '
i '
~:!
i.
Corporation Court Jurisdiction:-.The Corporation Court
shall have jur~sdiction within the limits of the City of West
Universit~- Place with the power to hear and deterrnine a:LI cases
of violation of the ordinances of the City, and all other
cases ,Elf wbJch cElrporation courts are given jurisdiction by
the ;taws of this State~
Section 2~
Rule of Practice: - The rules of practice and procedure
as prescribed by the laws of this State governing trials in
the courts of Justice of the Peace of this State, shall
govern the procedure and practice of the corporation court
in the City of West University Place, and the Cit'JT Ccuncil may
prescribe such additional rules of practice and procedure
as ma-y" not be' inconsistent with the general laW's of the State~
Section 3~
Form of Aceusation: - AI; prosecutions in the Cor poration
L~""----'-------- --,-.,.---.---
82
Court shall be conducted in the nane of the State of Texas,
and shall conclude lIagainst the peace and dignity of the
Stat~t1 .
_.,-.,--,---~.--'-,~"-=,,~,,
--,--~ .---, -.-----,.,-.,:- I
,.--.----='
- : . '-~n""'1:TTj~'
ts~
in enuro.Grated he shell do and perform such a.ddi t ional duties
as may be required of him by the May or and the City' Counci.l~
He shall receive" prepare ancl file all complaints, docket
each case and perform sueh du~as are presented for him to
do by laws governing sai~ Corporation Court.
The clerk of the Corpu- ation Court shall receive as
his remuneration a fee of Two Dollars for each criminal action
tried and finally disposed of in said Corporation Court, smfie
to be paid out of the Treasury of the City,;
Section 7~
Deputy Clerks:- Appointment; Oath; Bond; Duties: -
, ,
There shall be such Deputy Clerks of such CorpGration Court
as may be appointed by the Mayor from time to time, whose
duties shall be the sarne, and each of whom shall exer'eise
like powers as those provided by for the Clerk of said Cor-
'"
poration Court, and each of whom shall take tha constitutional
oath of office and give a bond in the smn of One ThouS~ld
Dollars ($1, OOO~OO) , with good and suffic:i.ent slll'eties" to
be acceptable to and approved by the Mayor of said City,
conditioned that he will faithfully perform all of. the duties
of his office; such Deputy Clerks of the Corporation Court
shall receive such remuneration a.s may be prescribed by the
City Council, and shall hold their office, subject to removal
at any time by the Mayor fu~d City Council, for a period not
longer than two years, Ut.'1.1ess they b~) re-a:ppointed~
Section 8~
Seal of Office: - The Mayor of the City of West
Uni.v'ers:tty Place is hereb,y authorized and directed to procure
rr.-
~11
______,-11 '
----- - ---'-'--'--:--.'-cr-'-r'~'oWi"IT'" ~;;
84'
a seal of said Corporation Gou~t, and to have same engraved
with a star of five points in the center thereof~ &nd have
engraved on said seal the words, tlCorporation, Court in the
City of West Uni v<in"si ty place, , Texastl.
Section 9..
Costs to be ta:{Ced: - TJ.:lere s1.1a~l b e tax~i against
each defendant convicted ,i:p. the Corpor,ation Court of the City
of West Uni versl.it:;y Place, ,,'I:(h\3, ?-\?,me,a:l}lount of c~ostsas the
genel"al lavi/' of' the qta. te of, Texas provides sha,ll be tS.xed
as costs in the court of' .Justic~ ,ot the Peace, including a
trial fee of Seven Dol~ars~
Section ID~
Juror~: -J~~ors in the Corporation Court who serve
in the trial of cases before such Omir,t shall receive fif'ty
cents in each case. TheYI.tlay sit as jurars, and the amount
due as jurors shall be ,paid 'by the City Clel"k.
Section 11~
Costs and fines to be paid to City Clerk:.- All ~ines
and costs shall 'be paid to the city Clerk, or some person
designated by him to receive the same, for deposit to the
aCC01lnt ar said City~ The, City,Mal"$hal' shall have: the custody
of all defendants against whom fines and costs have been
assessed until such fines and costs are Ij.quidated~
Section 1~2~
City Marshal shall :mal~e daily' report: - The City Marshal
shall make a repol't in duplicated,aily, except on legal holidays,
of all cormni tments returned by him to the Go~C'pc:r ation Court ~
This repo:r.t shall SLJOW the case llltmber, tl1e name of the de-
.~
.--.---.-. ---.,.---
Hf
fendant, and 'l.:;11e amouut of fines a.nd cost in each case 'where
commitments ha.ve been returnedl and shall also show opposite
the fine and cost in each case the mannel" in 1I1hich saicl fines
and. costs were liquidated~
This report shall be submitted to the
Recorder of the COl"po1"ation Court, and l.t he shall find
,
that he r.cas ordered the release of the defendant in all of
the cases reported, as provided for hereinafter, he shall
approve the report;
VVhen approved by the Recorder of the
Corporation Court" this report shall b6 :t'orwarded to the Clerk
of the Corporation Cour"G - one copJ-'r to be retained by him as
his authority for cr&liting the amount of fines and costs
reported, a...'Yld one copy to be filed wit.h the Mayor or such
officer as the Ma-;)ror m~y designate~
ARTICLE II.
Section 1;
The Recorder of the Corporation COU,l"t shall lreep the
Docket, and in said Docket shall ,be noted by the Recorder
all continuances, trials by the COul"t or by ju:r>y" judgments
and whether for dismL3sal or for a fine and costs" with
the ~aount of the fine and costs; new trials and notices of
appeal';
Section2~
(a) Proceedings, How Contr.1enced:- All proceedings shall
be commenced by fj.l'ing a complsi nt, duly sworn to before any
person autho:r>ized bJ- law to ad,1Hl.nisteI' oaths" and filed v:dth
the Clerk of t1:J.e Carper a'tion Co'tlrt;
......
___ ________....LT.-
~ . ~ Co .~ ".,. ii'~:-.l':" -,-,_.. -,
86
(b) Conwlaint shall state Name: - The cmnplaint shall st@te
j
th~ name of' the pers0n charged ~lTith an of'fense, 01"'! if' the name
calIDot be obtained, then a description of the person, as near as"
may be, the nat1..1.re of the offense, and the time and place where
the offense was made~
(c) Warrant Shall be Issued, - If the defendant be not
in custody or an officer or other person authorized to make
an arrest, or Under bond, a warrant shall be issued by the
Clerk directed to the City Marshal or any policeman of the City
of West University Place, commanding said City Marshal Gr
policem8..:rl to fox'thwi tharrest the person named or described in
said warrant, ,;nd to bring the person named or desc,rib~d then"'e-
in forthwith bei'ore the Recorder of the Corporation COLU"'t
for a hee.l"'ing upon s aid complaint';
(d) Complaint to Be Read to Defendant: - The complaint
s'b.o.all be read to the defendant, who shell plead thereto, a.nd
the plea entel"'ed upon his "docket by the Recorder of the Cor-
poration Court~
(0) Plea of Guilty:- If the person charged with an
of,fense plead guilty bef'ol"'e the Corporation C<Jm1:'t, the Reco:r.der
of the Corpol'>a.tion Court s-'hall t hereupon enter the plea. on the
Recorder's docket and assess such fine ~fid costs as may be
authori.zed by law, or by the ordinances of' the City of' West
Universi ty Place;
-
(f) Plea of Not Guilty:- If a plea of not guilty be en-
tered to the cOlnplaint, a trial shall be had, e1 ther by the
C()"I1"~ 0, I' bv a. ju'r>_ y,,~ as t,he defendant mav elect';
-} c... .u OJ ~ - tJ
.==~,-",.",,,==,- - 11
--1
n'--
~~
(g) Continuances:- Continuances shall be granted by the
court, upon the same :t;erms and in accorda.nce with the procedux>e
now provided by law for continuances in Justice of the Peace
Courts in misdemeanors~
(h) Judgment:- Judgment shall be rendered in the Cor-
PQration COD~t, for dismissal or for a fine and costs, as tbB
facts may appear.
(i) Unless the judgment be appealed from and an appeal
bond approved and filed, it shall be the duty of the Recorder,
~d he is hereby requ:Lred to forthwith issue a commitment dir-
ected to the Attorney, Mayor or any policeman of the City of
West University Place to co:rmnit the defendant to jail until the
full amount of the fine and costs be paid, or until the de-
fendant be discharged according to law; provided, that for
good cause shown, the recorder of the CorpOl>ation Court in his
discretion may order a stay of judgment for a period of not
i1> exceed thirt-y days, in wbich event the defendant shall not
be conrrnited to jail until after the expiration of time such
jud@nent is held in abeyance~
(j) Prisoners to be Released:- Upon the liquidation
of the fine and costs against any defendant under commitment,
either by payraent of the cash as hereinabove provided, or
otherwise as hereinaflter provided, or upon the certificate ot'
the Health Officer directing imill~diate release of such person
as hereinafter provided, it shall be the duty of the City
Marshal to discharge such person and make return of the COlll-
m:Ltment t.U'ldel' w};1ich s8.id pel'son was held by him to the Cor-
poration Court, showing suchfac'Gs for the approval of the
r nT__'__n -- ",-""'''T--T.'..'.~'11
-- -- -----i---,------.:c-,---,...------"-.-~-.--~r.--
R8
Reco~('deT' of said CouI't, and j.f the Recorder of'said Court
shall find the facts stateq. in said return to be true he"
shall approve the same and shall make a note of' such approval
on the docket of' the court, under the notation of' the conviction
of' such person, and the City Marshal shall make a proper record
of such discharge on the record of comnitments and prisoners,
as herei a bove provided~
In the event any prisoner dies or escapes bei'ore his
discharge, the City Marshal shall make his return to the Cor....
poration Court, shovdng that ~uc4 person has died or escaped,
and, if' he has esuaped ~uch return _shall ,show tJ.~tthe escape
was not caused by any negligence or connivance ot such City
Marshal, or 8..ny ':member of', the Police Department, whereupon
the recorder of' said Court, if he accept and approve such
return, shall enter such facts on his docket, ,and the City
Marshal shall mal.(6 record of the disposition of' the prisoners
on the record of commitments provided for herein~
vVhen any such person has labored f'or a suf'ficient
nmnber of' days, or is entitled to pe released tL~derany pro-
vision of the ordinances except as hereinabove provided for,
it shall be thedmty of the City Marshal to bring such person
before the Gorpar> ation COU1~t with the return of' the cormni t-
t. . . .
ment showing such facts aut~o;rizing the release of such person,
and if the Recorder of the Corporation Court shallf'ind the
facts to be true as stated in such return and such facts
authorize the discharge or release of such person, then he shall
approve such retul"n and ol"'der the release or ldischargeof such
person :from. custody, making a record of such ol"der, the date
thereof' and the reason therefor upon t he docket, and on
t)~
the authorit-:r of such order it shall be the duty of the ,City
Marshal to release or discharge such person forthwith, and
make a proper record of such discharge on the record of com-
mitments and prisoners provided for hereinabove.
(k) The City May work convicted Prisoners: - Upon con-
viction in the Corporation Court of the C:Lty of West University
Place for the violation 0 fany law of the State of Texas,or
any ordinance of the City of West University Place, and has
been cowuited to jail in derault of the payment of the fine and
costs, or either, adjudged against him or her, may be required
to labor in a workhouse or on the public streets of the> City,
,
or on a City rock pile~, or on any p~blic work of the City, a
sufficient ,number of,days to liquidate said fine and costs,as
provided for herein; provided, tr~t in no event shall any
prisoner who is physically unable to labor, as evidenced by
a certificate of the Cj.tyHeal th Officer, provided for above,
be required to labor under the provisions hereof; and provided
that no pris oner shall be required to labor lu1.der the provis~ons
hereof after he or she shall have tendered in cash the balance
of any fine and costs still due the City by him or her after
deducting all credits due 'l:;hereon, as hereinafter provided,
for labor al:r:eady performed under the provisions hereof; -s.nd
further provided, that in no case shall any prisoner be re-
qu1red to labor UTI.der the provisions hereor for a longer periOd
than six months for the_ satisfaction of any co:mmitment~
(1) Prisoners to l"6ceive credit on Fines and Costs:
Every prisoner who has been required to labor 8113.11 receive a
credit of fifty cents per day on the fine a.nd. costs adjudged
_ .J.:I'--
-~---'--'-~7.~"wr~--;
~lJ
against him or her fOl" every day he or she has been 1" equired
to labor:, including Sunday and legal holiday holidays; pro-
vided, that in order to encourage prisoners a distinction may be
made in the:i.!' treatment so as to extend to all such as are
orderly, indu.strious and obedient an additional credit accord-
ing to their deserts~
The officer in charge of said prisoners
while at work shall make a report in writing to the City
Marshal as tp all prisoners entitled to release and to addi-
tiona1 credits, and such additional credits ct' fifty pents per
day may be allowe~ by the City Marshal upon such favorable
reports~ Should a prisoner, e.fter receiving such crEfdit,
be guilty of misconduct, all connnutations of fine which have
accrued up to that date shall be forfeited~
~m) In the event any prisoner is physically unable to labor
a certificate shall 'be required of the' City Health Officer
set;tir~ forth t1'...is fact and every such prisoner shall receive
a credit of fifty cents per day 011. fines and costs adjudged
against him or her for evel"y da::r he or she remains in jail
un.del" SUm cel"tificate~
(h) In the event the City of West University Place
faila to requjre any prisoner to labor UlLder the provisions
d!>
hereof, such prisoner shall receive a credit of <jp3.00 per
day on the fine and costs a:djudged against .ll"im "Or her for
each day he 'or she remains in jail; pl""ovided, that no prisoner
shall l"ec.eive a cpedit at the I'ate of :1~3 .00 per day on the fine
8.1id costs adjudged against him Oi' her unless such prisoner
has made 1JVl"itten a ffidavit to the fact that b,e or she is unable
to pay such fine and costs, a.."'ld t hat he or f'.n.e has been con-
fined in jail at least five days~
1'"
.", .- --, "'ll
r'---
11'--
!---'r-;-"I:iIT-'-' ,;-;.
ilJ
(o) When any prisonel'" shall be entitled 'Lmder the provisions
hereo~ to credit aggregating the total amount of the fine
and costs adjud.gedagains~ him or her" or when any prisoner
tenders in cash any balance of such fine and costs after de-
ducting all credits that he 01" she may be entitled to under the
provisions hereof, or in. the event that the certificate of the
Haty Health Officer" heretofore provided for" directs the
inllneditil.te release of allJ pris oner, stating it to be necessary
~orthe preservation of the prisoner's b~alth" or when any
prisoner shall have labored six months for tllli satisfaction
of any'co:mrnitment, such prisoner sha.ll be released flrom custody"
as provided for herein;
Section 3~
No Reduction:- Theresh~ be no reduction of the fine
and costs" or any' part o~ the fine and costs, by the Recorder
of the Corpol~8.tiol1 Cou..rt after the entry thereof on the docket
of sadl..d Court, and all such fines and costs shall be paid in
full to the Clerk of the Corp~o.tion Court, as hereinafter
provided,as follows:
(a) New Trial:- The Corporation Court may for good cause,
shm'm on motion in v;Titin~ and filed with the CiliBrk of the
Cou:r:'t, and servlce of said notice upon the Clty Attorney, by
copy or by acceptance, endorsed on said notice, grant the de-
fendant ~ new trial, whenever he shall consider that justice
has not been done the defendant in the tl'j.al of such case3
(b) Applicatj.on:- An applicat:Lon for a new trial must
be made within one day after the rendition of judgment, and not
thereafter, and the execution of tb.ejudgment slJ.all not be
st8.y'ed u.ntil after the motion for a new tl~lal has been heal'd
:CJnd ggallt.ed~
I' .~: ~__,.c~,"
11
-- I ---- "
II~------
~~
(c) Appeal: - The execution of the judg..ment shall not be
sta'yed until after the' appeal bond has been approved and filed~
Section 4.
Recorder may recommend remittance of Fines, and Pro-
f
cedure: - The Recorder may in all cas~s where he has' reason to
I
believe that an injustice or excessivie fine has been imposed,
I
I
reco:mrn.end to the Mayor in wri:bing thajt the -fine or the fines
I
and costs imposed, or any part thereof, be reJui tted, and the
Mayor may, in hiG discretion,al)prOVe such recommendation,
modify or disapprove of the same in whole or in part, and the
action of the Mayor shall be transmitted to the Clerk of the
Corporation Court,to be entered upon the Comporation COL~t
docket by the Clerk, end thereupol1 the Clerk shall issue an
order to the City Marshal, in acco:r'dance thel"'ewith, and said
--I
i
___ I
recommendation of' 't...he Recorder of the Corpor' ation Cour't, }!rith
the approval of the Mayor endorsed thereon, shall be attached
to and made a part of the order issued to the GQty Marshal~
Section 5.
Dismissal of Cases: - No case shall be dismissed~ wi th-
: out the permission of the Recorder of the Corp~ation Cou~t.
Section 6.
Powers of Recorder:- The provisions in regard to judg~
ments, executions and the collection of fines, as prescribed
bi}' the Court of Crirn.in~l Procedure, shall applJ~ to the jUdg-
menta, executions and the collection of fines in the Cor-
poy'ation Court, the Recorder having in l'ega:C'd to such matters
all the powers of Justice of the Peace~
roc-c' "-,-".-o-=',,,,--.-.___nj "'_O_'''~'lI-
u._ . . .- T-.u" ..-------.
II;
--:-'-"'-"";:'I'lT~'-;-" ,
Ut
Section 7.
Aoministr~tion Provisions: - The different provisions,
rights, powers and modes of procedure recited in the 113.-.'11' passed.
by the Twenty-sixth Legislature of the State of Texas, entitled
trAn Act to establish and create in each of the cities, towns
and villages of this State, a ,State C01.:11.... t, to be known as the
Corporation Court in said city, town or village, and to pres-
cribe the jurisdiction and organi~ation thereof, end to
abolish Municipal CourtstJ, are hereby adopted, so far as
applicable, and are to be emorced and applied in the adminis-
tration of the Corporation Court of the Cit-y' of West Univer'si ty
PIB,ce.
Section 8~
In every casewhere a ,corporation violates a penal ordi-
nance of the City of West University Place it shml be suffi-
cient for the Corpa:' ation Court tq acquire jurisdiction over
the said corporation for tl1e purpose of trying the suit, for
a citation to issue from.' the Corp<r ation Court alJ.d be s e1"'ved
upon s~id corporation by the City Marshal, t~e m.anner of ser-
vice to be that provided fOl" service of' citation in civil suits
upon corpor ations b~l the laws and statut,es of' Texas.. The said
citation shall state briefly the offense with which the cor-
poration is charged and the time and place of the hearing there-
on, and shall requh'e the corpco:' ation at such time and place
to answer the said complaint. And it shall not be necessary
to acquire jurisdiction over a corporation violati ng an ordi-
nance of the City to make any arrest in connection vii th the
prosecut:ton~ '
rr=_'~'-==""'=c-C=Ti--- . i1
II ,...------r'.,----,----, .....n --.,-,-~~~'~wrTl~."n...,'"
~~J-'~,'T'I
Vlc
,Be'ct16n g~
Fines, How Assessed agaitlst Corporations: - In egery
case in Vlrhicha corpcrationmay' be guilty' of violating a pena.l
ordill'ance of the CJ. ty of, west "Uni varsity Place',: : and. :8. :rine':
is assessed thereforintheCorpOl:" a.-tion Court, such fine shall
be assessed aga:i.nst the corporatibn;.and ma.y be,' assessed also
against the manager Ol~ otherpers on in' charge' of! ,the b1.ls1ne'ss'
of said corpor:i).tion, and, against the' particula.r'agents or' per;"
sons engaged in the violation of' the~ordinance, and Such
'manager or other person an.dagents may be joined as 'defendants
in the complaint; and' prosecution against the' co:r>porationor
not, as the person filing said. complaint may consider advisable
in the particular case.
Section lO~ '
i
I
I
,I
i
All :pI'ior ordinances"orparts of ordinances in conflict
her'ewith are hereby repealed~
Seet:ibn 11,;
This ordinance shall take effect immediately upon the
signatu.re of the MayOJ:' and the attestation of the Clerk.
Passed and 8.pproved this the L ~ day of dP.~l'vf; A. D.
, 1929~
~
"
f
Attest: 19~-
Clerk
~
,/
#'
""--,,ph~r~
/
/
/
./<'
/
r
, '~"~
r .-..
I ,-----;-
'-------,------,"nTIT"'.. ,,~,-- :--.". '-