ORDINANCE NO. 51
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ORDlliANCE NO. 5/
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CF SCHERTZ, TEXAS
1. In all cases of a misdemeanor, the party charged before the
corporation court shall be entitled to a trial by jury in the same
manner and form as provided by law before a justice of the peace.
lVhen an application is made for a jury in the trial of a case,
the recordelt' shall direct the City Marshall or any policeman of
the city to summon six disinterested parties or persons who are
qualified voters in the city, to act as jurors, to serve. Any
person so summoned who shall fail or refuse to attend without good
cause shown may be fined by the court in any sum. not exceeding
twenty dollars, for the use of the city.
2. The Recorder, in all matters pertaining to the adminis-
tration of justice concerning ~mich there are no special provisions,
shall be governed by the laws of the state regulating proceedings
in justice courts so far as the same may be applicable.
3. The Recorder, when he has good cause to believe that an
offense against any of the ordinances of the city has been or is about
to be committed, ~ issue subpoenas or attachments for witnesses,
and may examine witnesses in relation thereto, and if it shall
appear from the statement of such ~Ii tnesses that an offense haG
been committed or any offense against the state law has been
committed of which the corporation court has jurisdiction the re-
corder shall:. reduce or cause to be reduced the statement of such
.d.tnesses to writing" and cause the same to be sworn to by such
'Idtnesses" whereupon the redorder shall issue his warrant for the
arrest of such offenders, which warrant shall be returnable before
the recorder at such time as may be directed by said recorder" and
the offender shall be tried according to the laws and ordinances
of the city.
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4. Any 'Ivitness sUl!lllloned 1.Ulder the provisions of the preceding
section, .who shall fail or refuse to appear and make a statement
of facts 1.Ulder oath shall be guilty of contempt of court and may
be fined not exceeding one h1.Uldreci dollars ($100.00), and may be
attached and imprisoned 1.Ultil he makes such statement.
5. The recorder shall have power and authority to administer
official oaths, and all oaths and affi~tions, to swear witnesses and
jurors in trial before him.
6. The mayor with the consent of the c01.Ulcil shall have the
power to appoint any competent attorney to conduct any proceedings
of any kind in corporation court.
7. vThen the party for "Ihose arrest a warrant is is'61led by the
recorder cannot be f01.Uld in the city, the same may be executed within
the limits of Guadalupe County, Texas, by the City Marshall or any
other proper peace officer of the city, or by any peace officer of
Guadalupe County, Texas, and may be executed anyvlhere in the state
1l.>1der the same rules governing warrants of arrest issued by a
justice of the peace.
8. Warrants or other process issued by the Recorder shall
be directed to the City Marshall or any proper peace officer of the
CitYI but in the case of absence or inability of such officers,
such process shall be directed to any peace officer within the
city or county, and shall be executed by such officer.
9. The recorder shall have power to issue any process necessar,r
to require the attendance of any person as a witness in any case
pending before the corporation court. Persons failing or
refusing to obey any such process may be fined in any sum not
exceeding tw'enty dollars ($20.00), and shall forthwith be attached.
If such ~dtness appears in the corporation court and fails or refuses
to testify he shall be guilty of contempt of court, and may be
fined in any sum not to exceed one hundred dollars ($100.00) and,
in addition thereto, may be imprisioned in the city prison until
he testifies as required.
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10. The recorder shall have the authority, and it is hereby
made his duty, within his discretion, to require any person who
shall file any complaint or information in the corporation court
of the city, or any petition or complaint for the suppression of
a nuisance, or who shall institute any kind of proceeding in the
corporation court, either criminal or civil, to file in such
court a good and su!ficient cost bond, to be approved by the
judge. In case such criminal prosecution or other legal proceeding
shall fail or be dismissed, judgment shall be entered against the
complainant and the sureties upon such cost bond for all cost
incurred in such criminal prosecution or legal proceedings.
This ordinance shall become effective upon its passage,
approval and publication as required by law'.
PASSED AND APPROVED THIS Too ?.1f{ day of March, 1961.
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~IAYOR ~
ATTEST:
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CITY SECRETARY
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