CHAPTER VII.

OF THE POLICE COURT.

SECTION 1. There shall be elected by the qualified electors of said city and county, at the general election in the year 1884, and at the general election every second year thereafter, two judges of the Police Court of said city and county, who shall respectively take office on the first Monday after the first day of January next succeeding their election, and shall hold office for two years. Each of said Judges is designated "POLICE JUDGE.

SECTION 2. There is hereby created and established in and for said city and county a Court to be known and designated as the "Police Court.' The Police Court shall not be a Court of Record. Said Court shall have a seal. The Judges of said Court may hold as many sessions of said Court at the same time as there are Judges thereof. There shall be two Departments of said Court, denominated, respectively, Department One and Department Two. The Court may sit in Departments, and shall be always open for the transaction of business. There shall be, as far as practicable, an equal distribution of cases between the said Departments, which cases shall be alternately set down for trial to each Department in the order in which the warrants are issued or proceedings brought before the Court. Said Judges shall, as soon as may be after the commencement of said terms of their office, classify themselves by lot for assignment to said Departments, and shall be thereby assigned accordingly.

SEC. 3. All the power and jurisdiction of said Court shall be enjoyed and may be exercised in bank or in either Department thereof.

SEC. 4. All the powers of said Judges may be exercised by either of them.

SEC. 5. The Police Court of said city and county shall have jurisdiction:

First--Of an action, proceeding or prosecution for the violation of any ordinance of said city and county.

Second-Of proceedings respecting vagrants and disorderly persons.

SEC. 6. The said Court shall have jurisdiction of the following public offenses, committed in said city and county: First-Petit larceny; receiving stolen property, when the amount involved does not exceed fifty dollars.

Second-Assault, and battery, not charged to have been committed upon a public officer in the discharge of his duties or with intent to kill.

Third--Breaches of the peace, riots, affrays, committing willful injury to property, and of all misdemeanors punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment.

Fourth--Said Court or Judges shall have jurisdiction of proceedings for security to keep the peace; and also, throughout such city and county, the same powers and jurisdiction in other criminal actions, cases, prosecutions, and proceedings as are now or hereafter may be conferred by law upon Police or Justices' Courts.

SEC. 7. The Judges of said Court shall have power to hear cases for examination, and may commit and hold the offender to bail for trial in the Superior Court, and may try, condemn, or acquit, and carry their judgment into execution, as the case may require, according to law, and shall have power to issue warrants of arrest, subpoenas, and all other process necessary to the full and proper exercise of their power and jurisdiction.

SEC. 8. Said Court or Judges shall also have power to commit to the Home for the Care of the Inebriate, when any such institute may be established, any person who may be convicted before them of habitual intemperance, for a term not exceeding six months, or until sooner released by order of the Police Judges or by the Board of Managers of such institution by a two-thirds vote of all the members of said Board.

SEC. 9. The said Court or Judges shall have the power to commit all offenders duly convicted, under eighteen years of age to the Industrial School, of said city and county, in al cases where such commitment shall by said Court or Judge' be deemed to be more suitable than the punishment others wise provided by law, not to exceed six months. If upon anytrial it shall appear that the person on trial is under fourteen years of age, and has done an act, which if done by a person of full age would warrant a conviction of the crime of misdemeanor charged, then, and in that case said Court or Judges shall have power to commit such child to the Indus trial School. In either case said Court or Judges may sentence such person to be confined in the correctional department of said Industrial School for any term not exceeding six months. Upon application of the Mayor or any member of the Supervisors, or of any three citizens, charging that any child under eighteen years of age, lives an idle or dissolute life, and that his parents are dead, or, if living, do from drunkenness or other vices or causes, neglect to provide any suitable employment, or exercise salutory control over such child, the said Court or Judges shall have power to examine the

matter, and upon being satisfied of the truth of such charges, may sentence such child to the Industrial Sehool; provided, that no person shall be so sentenced for a longer period than until he arrive at the age of eighteen years.

SEC. 10. In cases where, for any offence, the said Court is or Judges are authorized to impose a fine, or imprisonment in the County Jail, or both, it or they may, instead, sentence the offender to be employed at labor on the public works, or in the House of Correction, or work house, as the Supervisors may prescribe, for a period of time equal to the term of imprisonment which might legally be imposed, and may, in case a fine is imposed, embrace as a part of the sentence, that in default of payment thereof, the offender shall be obliged to labor on said works, at said House of Correction, or kwor house, or elsewhere, at the rate of one dollar a day, till the fine imposed is satisfied; provided, that no person under the age of twenty-one years, or who is to be sentenced, on conviction for drunkenness or breach of the peace, shall be sentenced to labor upon the public works away from the House of Correction or workhouse.

SEC. 11. The said Court and Judges may punish contempts in the same manner and to the same extent as Superior Courts, and the laws concerning contempts applicable to Superior Courts shall be applicable to said Police Court and Judges.

SEC. 12. The County Clerk shall keep a record of the proceedings of the Police Court, issue all process ordered by said Court, and shall render to the Auditor, monthly, and before any amount can be paid to him on account of his salary, an exact and detailed account, upon oath, of all fines imposed, and all bail forfeited, and moneys collected, as Clerk of said Court, since his last account rendered. He shall prepare bonds, justify and accept bail, when the amount has been fixed by the Police Judges, in cases not exceeding one thousand dollars, and he shall fix, justify and accept bail after arrest, in the absence of the Police Judges, in all cases not amounting to a felony, in the same manner and with the like effect as if the same had been fixed by the Police Judges or Police Court. The County Clerk shall appoint three Deputy Clerks who shall act as Deputy Clerks of said Police Court. The Clerk, and the Deputy Clerks, in this Section mentioned, shall have authority to administer oaths and affirmations, and take and certify affidavits in any proceeding in said Police Court in and for said city and county, and to issue subpoenas.

SEC. 13. The Police Judges and the Deputy Clerks shall attend at the Court rooms of said Court for the dispatch of business daily, from the hour of nine o'clock A. M.

until five o'clock P. M., and during such other reasonable hours as may be necessary for the discharge of their respective duties, except on legal holidays.

SEC. 14. The County Clerk as Clerk of the Police Court shall pay to the Treasurer of said city and county, immediately, all fines collected, and bail forfeited, accompanied by by a verified written statement, showing from whom each fine was collected, when collected, in what case, specifying the offense, and in what amount, and in what case, and by whom such bail was forfeited. He shall, immediately upon the forfeiting of any bail bond in the Police Court, transmit to the District Attorney a copy of such bail bond, duly certified by him under the seal of that Court, to be a true copy, stating in such certificate the fact of such forfeiture, and the date thereof.

SEC. 15. Any Justice of the Peace of the said city and county, who may be designated in writing by the Mayor for the purpose, shall have power to preside in and hold the Police Court of said city and county, or any department thereof, in the event of the temporary absence of the Police Judges, or either of them, or of their inability to act from any cause; and during such temporary absence or disability, the Justice so designated shall act as Police Judge, and shall have and exercise all the powers, jurisdiction and authority which are, or may be by law, conferred upon said Court or Judges.

SEC. 16. It shall be the duty of the Assistant District Attorneys acting in the Police Court, or either and each of them, whenever they shall have been credibly informed that any person, criminally injured by another, is likely to die, to take the dying statement of such person, and to immediately reduce the same to writing. It is also hereby made the duty of attending physicians, and others knowing of such cases, to report the same immediately to such Assistant District Attorneys.

SEC. 17. No person shall be permitted to act as attorney or counsel before the Police Court or the Police Judges unless he shall be an attorney and counsellor admitte practice in the Supreme Court of this State.

SEC. 18. The Chief of Police shall designate tv policemen, who shall attend constantly upor Court, act as bailiffs therein, and execute process of said Court and the Judges ther

SEC. 19. The Police Judge's Court Court No. 2 of said city and coun+ Judges thereof, shall be abolishe first Monday after the first day of and at that time all records, registers,

actions, warrants, judgments and proceedings lodged, deposited or pending before the said fast-mentioned Courts, or the Judges thereof, shall be, by force hereof, transferred to said Police Court, which Police Court, and the Police Judges herein provided for, shall have the same power and jurisdiction over them as if they had been in the first instance lodged, deposited or commenced in said Police Court or before the Judges last aforesaid; but nothing herein contained shall affect any judgment rendered or proceeding had before that time in said Police Judge's Court or said Police Judge's Court No. 2, or before the Judges thereof, or either of them.

CHAPTER VIII.

OF THE SHERIFF.

SECTION 1. The Sheriff of said city and county shall attend in person, or by deputy, all the Courts in and for said said city and county, except the Police Court. He shall obey all lawful orders and directions of such Courts, and in all other respects conform to the laws regulating the office of Sheriff in this State.

He may appoint one Under Sheriff, one Book-keeper, not to exceed thirty-two deputies, one of whom shall act as Assistant Book-keeper, one Sheriff's Attorney, one Matron for the county jail, and one driver of prison wagon, who shall drive and take care of the horses, and also the harness and the wagon known as the prison van. He shall not appoint any other deputies. The number of deputies in this section provided for shall be inclusive of those in attendance upon the Justices Court, and serving process issued therefrom.

SEC. 2. It shall be the duty of the Sheriff to pay into the city and county Treasury every Monday, all moneys collected and received by him, for fees and charges and compensation for the performance of any official duty, and all mileage and compensation for traveling, and to render monthly statements on oath to the Auditor of all moneys collected or received by him, specifying therein from whom received, for what service, or on what account, and the amount and date of each item accounted for. He shall not charge or receive for any advertisement or publication any other or greater sum than that actually paid by him therefor; and he shall file in each action in the Courts, wherein he may cause any publication to be made, a statement signed by him, showing the amount collected and received by him and from whom, as compensation for such publication, and the amount

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