Fort Walton Ordinance 5: municipal court forms and affidavits (1941 city catalog year) — reading text

15 ORDINANCE NO. 5 "AN ORDINANCE TO BE ENTITLED: AN ORDINANCE PROVIDING FOR THE FORMS: OF AFFIDAVIT, WARRANT, COMMITMENT, WITNESS SUMMONS AND BOND TO BE USED IN PROCEED~ INGS IN THE MAYOR'S OR MUNICIPAL COURT OF THE TOWN OF FORT WALTON, FLORIDA, AND PROVIDING FOR OTHER PROCEEDINGS IN CONNECTION THEREWITH THE TOWN OF FORT WALTON DOES ORDAINs 7 | — SECTION 1: All prosecutions brought. for the violation of any ordinance or any ordinance hereafter to be enacted, shall be commenced by @ complaint in writing, made under oath, briefly setting forth the breach of such ordinance, in the following form, @s near as may bes "AFFIDAVIT STATE OF FLORIDA ) : OKALOOSA COUNTY ) Town of Fort Walton: ss Personally appeared before me _ who, being duly sworn, deposes and says that — “on the day of 19__, in the State end County aforesaid, and within the ‘corporate limits of the Town of Fort Walton, did _ in violation of the ordinances of said town, in such case made and providede Sworn to and subseribed before me this day of » 19 e Mayor” This form shall, ani may be varied so as to apply as the occasion and the right and justice of the case my require, without regard to the particuler form or words. And no objections to forms or words shall be allowed, if such written complaint shall substentially set out the nature of the offense charged, so as to give notice to the defendant of the nature of the charge which he is called upon to answer. 16 : —_ { SECTION 2; The warrant of arrest may be in the following forms "WARRANT STATE OF FLORIDA ) OKALOOSA COUNTY ) Town of Fort Waltons 8s fo the Marshal or any other lawful officer of said town: - Whereas, complaint, on oath, has been made before me that on the day of . A. De 19 > in the State and County aforesaid, and within the corpora limite of the Town of Fort Walton, did * These are, therefore, to command you to arrest the said , and bring him or her before me, to be dealt with according to laWs Given under my hand and the seal of said Town. Dated this day of 2 ig." SECTION 3: The form of Commitment shall be substantially as follows: "STATE OF FLORIDA-OKALOOSA. COUNTY) . | | TOWN OF FORT WALTON © ) Manioipal Court. _ , In the Municipal Court of the Town of Fort Walton, held the day of ‘9 A. D. 19 ° To the Marshal or any other lewful officer of said towns- You are hereby commanded to take the body of ; and him safely keep for a term not exceeding | days, until the following fine and costs are paid. The Tow of Fort ¥alton} Ve | )- Fine” re 3 Expense of prison keeping | Costs : Total Mayor °* SECTION 4: The form of Commitment where the accused feils to give bond and further time for trial is granted, shall be substantially as follows: "STATE OF FLORIDA-OKALOOSA COUNTY) Municipal © TOWN OF FORT WALTON ) Court. fo the Marshal or any other lawful officer of said towns: On the appearance of charged with the offense of » there appearing probable cause that seid offense has been committed and that | is guilty thereof: You are therefore commanded to receive him into your — custody and detain him until he is legally discharged. Admit him to bail in the sum of dollars, with good and sufficient sureties. Dated this the _ day of Ae De 19 Mayor”. SECTION 5: The form of Witness Sammons. to be used shall be substantially as follows:- | "SUBPOENA STATE OF FLORIDA ) OKALOOSA COTY ) TOWN OF FORT WALTON: ss To the Marshal or any other lawful officer of said town: You are hereby commanded to summon to be and appear before the Muni oipal Court on the day. of oy A. De 19 at 100 "clock A. M. to testify and the truth to speak on behalf of The in a certain cause wherein the Town of Fort Waiton is plaintiff, and is defendant, and herein fail not under penalty of the law. 7 ' Witness my hand and the seal of said Town this | day of 19 ° ° Mayor”. SECTION 6: The form of Bond shall be substantially as follows: * BOND | STATE OF FLORIDA ) OKALOOSA COUNTY ) ‘TOWN OF FORT WALTON: ss ' I, or we agree. to pay the Town of Fort Walton, a * body corporate, the sum of __Dollars, unless the said appear before the Mayor's or Municipal Court of the Town of Fort Walton, on the day of 19 » at 10 o'clock, A. Me, and from day to day thereafter, until discharged by law, 17 18 to answer to the clurge of violating . - of the ordinances of said town. a toe by z Bondsmane Approved Mayor”. SECTION 7: In all cases where there shall be imposed any fine, penalty or forfeiture upon any person, and such person shall not comply with and perform » the judgment imposing such fine, penalty or forfeiture, he shall be committed to the “prison until compliance therewith for a time not to exceed sixty days for any one offense. SECTION 8: When in the course of a trial it is developed that there is reason to apprehend & breach of the peace, or the violation of any ordinance, by any person, the Mayor miy require bond, with good and sufficient security, in such amount as he shall deem reasonable, that such person shall be of good | behavior for a term not exceeding twolve months, and if such person refuse or fail te give auch bond, he my be imprisoned, or otherwise confined, for such time as the Mayor may determine, and until he gives bond,. not exceeding sixty days; and where such person is a minor the parent, guardian or employer may give, or cause the bond to be given. SECTION 9: The Mayor may, in his judgment, adjourn a case from time to time. SECTION 10: This ordinance shall take effect twenty (20) days after its final passage, and after its publication in one issue of the a newspaper of general circulation in and published in Okaloosa County, Florida, within ten days of said final passage in synopsis form, reciting the title and substance of said ordinance,"