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3767 Establish City Courtfy 4 ORDINANCE NO. 3767 AN ORDINANCE providing for the establishment of a City Court in the City of Salina and defining the Jurisdiction thereof and the powers and duties of the officers thereof, and limiting the jurisdiction thereof, and the jurisdiction of the Justices of the Peace of the City of Salina, and creating said court and creating a Judge, a Clerk and a Marshal of said court, and defining their duties and providing for the appointment and election of the judge, the clerk, and the marshal of said court and providing for their salaries and the payment thereof. WHEREAS, it has been made to appear to the satisfaction of the govern- ing body of the City of Salina, a city of the first class in the State of Kansas, that there is need for the establishment of a city court in such city for the administration of justice, pursuant to the pro- visions of Article 14 of Chapter 20 of Revised Statutes of Kansas 1923, being Section 20-1401, as amended, to Section 20-1423, inclusive, of said Revised Statutes; NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. ESTABLISHMENT OF CITY C QTRT. That there be and there is hereby created and established in the City of Salina pursuant to the provisions of Article 14 of Chapter 20 of Revised Statutes of Kansas 1923, being Sections 20-1401, as amended to 20-1423 inclusive, of said Revised Statutes, a City Court in and for the City of Salina, Kansas, which shall be known as "The City Court of Salina", and that the mayor of the City of Salina by and with the consent of the City Commission, shall appoint a Judge of such city court, a clerk of such city court and a marshal of such city court. Section 2. JUDGE, CLERK AND MARSHAL. It shall be the duty of the Board of Commissioners of said city to select and appoint as the judge of said city court some attorney at law who has been admitted to the bar and who is a resident and citizen of such city and such judge shall hold his office until the next city election is held in said city and until his successor is elected and qualified. Said mayor by and with -the consent of said Board of Commissioners shall appoint a clerk and marshal of such city court who shall be persons of approved integrity possessing the ability to fill such office. Section 3. JURISDICTION; LAWS APPLICABLE; LIMIT OF JURISDICTION OF JUSTICES. The court hereby established shall, under the limitations and restrictions herein provided, have original jurisdiction in civil cases for the recovery of money only and to try and determine the same, where the amount claimed does not exceed one thousand dollars; and the court hereby established shall have jurisdiction of actions for the recovery of specific personal property not to exceed five hundred dollars in value, as hereinafter provided. In all other respects the said court hereby established shall have the same jurisdiction, civil and criminal, as Justices of the Peace, now have in this state, and for the purpose of the jurisdiction hereby conferred and of its proper and neadssary exercise, all of the laws of this state relating to the 1'- 4 C powers, duties and jurisdiction of Justices of the Peace and prac- tices pleadings and proceedings in Justice Courts which are not in conflict with the provisions of this ordinance shall apply to said city court and the judge thereof, and to the mode of practice therein, and to the power, original, mesne and final so far as the same may be applicable; PROVIDED, That after this ordinance shall take effect Justices of the Peace in such city shall have no jurisdiction of any case, civil or criminal, except in civil actions for the re- covery of money only where the amount claimed exclusive of costs does not exceed the sum of one dollar, but this ordinance shall not ap-)ly to any suit or proceeding before justices of the peace pending at the time this ordinance takes effect, nor to the enforcement of judgments theretofore rendered by them. Section 4. ISSUANCE OF PROCESS All writs and processes of every kind in cases brought or pending in said city court shall be issued by the Clerk thereof, or in case of his absence, or being otherwise engaged, then by the judge thereof in the name of the clerk, in the same manner as such writs and processes are issued by the clerk of the district court. Section 5. COMMENCEMENT OF TERM OF JUDGE, CLERK AND MARSHALL; LAW PRACTICE BY JUDGE. That the office of judge, clerk and marshal of said court are hereby created, whose terms of office, respectively shall commence from the date of their respective appointments or from the date of their election, and who shall hold their office for the term of two years and until their successors are elected and qualified, as provided by this ordinance; PROVIDED FURTHEP, that it shall be unlawful for the judge of said court to engage in the practice of law in any of the courts of the state of Kansas during his said term of office. Section 6. QUALIFICATIONS AND RESIDENCE OF JUDGE, CLERK AND MARSHAL. Said judge, clerk and marshal shall at the time of their election be qualified voters of such city and shall reside therein during their term of office, and the judge of said court shall be a lawyer regularly admitted to practice law in the district courts of Kansas. Section 7, DIRECTION AND EXECUTION OF PROCESS. All writs and processes issued by the judge or clerk of said court shall be directed to the marshall of said court or to the sheriff of said county in which said city is located, or, when proper, to the sheriff of adjoining or other counties in said state, and shall be to fc (l executed and returned by such officer in the same manner in all respects as now provided by law in relation to writs and processes issued by the Clerk of the District Court. Section 8. SALARY OF JUDGE, CLERK AND MARSHAL. The judge of the Cour shall receive for his services, a salary of two hundred ($200) dollars per month; the clerk of said court shall receive for his services a salary of one hundred ($100) dollars per month; the marshal of said court shall receive for his services a salary of one hundred twenty five (125) dollars per month. All of such salaries shall be paid in monthly installments by such city out of the city treasury. Section 9. DUTIES OF CLERK. The clerk of said court shall record the proceedings of said court, make out all writs, processes and other papers necessary to be signed or issued by said clerk or judge, administer oaths required in judicial and other proceedings before such court or the judge thereof, file all papers in cases pending in said court, docket cases and set the same for trial, and he shall perform such other clerical duties in relation to the proceedings in said court as may be directed by said judge. Section 10. DOCKET AND STATIONERY. Said court shall keep a civil and criminal docket, which shall be furnished by such city, in which docket must be entered by the clerk or the judge every case brought or pending in said court and all the proceedings had or done therein, in the same manner in all respects as is provided by law relating to the docket of justices of the peace and such city shall furnish all necessary and proper stationery for the use of said court. Section 11. COURT ROOM AND SUPPLIES. The governing body of such city shall provide suitable rooms for holding said court in such city, and provide for suitable furniture, fuel and lights, and all other necessary incidental expenses of said court. Section 12. CHANGE OF VENUE. In any civil case brought in said court, a change of venue may be taken to the district court of said county in which said city is located upon the application of either party, in the same manner as is provided by law for taking changes of venue from district courts of this state. Section 13, APPEALS. Appeals may be taken from said court to the district court of the county in which such city is located, in the same manner and to the same extent as provided by law for appeals in cases before justices of the peace. Section 14. JUDGE PRO TEM. In case of the absence, sickness or disability of the judge of said court, such judge may appoint a judge pro tem, of said court, who shall hold court for him and hear and determine any matter pending therein to the same extent that such absent or disabled judge might do if personally present, and such judge pro tem. shall fill such position until the judge of said court can be personally present. Section 15, JUDGE, CLERK OR MARSHAL NOT TO ACT AS COUNSEL FOR PARTY. Neither said judge, clerk or marshall shall draw any pleadings in their said court nor act as attorney for any person in any such case. Section 16, OATH OF JUDGE, CLERK AND MARSHAL. The judge, clerk and marshal of said court shall, before entering upon the discharge of thdir duties, take and subscribe an oath to support the constitution of the United States and of the State of Kansas and to faithfully discharge the duties of their respective offices. Such oaths shall be administered by the Clerk of the District Court of such city. Section 17. DEPOSIT OR SECURITY FOR COSTS. In all civil actions brought in said court, where the plaintiff is a nonresident of the State of Kansas, before summons or other process shall be issued therein, a deposit of seven dollars and fifty cents shall be made by the plaintiff with the clerk of said court as security for costs in said case. The judge of said court may in any case re- quire such security as he may deem sufficient to cover all costs therein: PROVIDED, That in cases where the plaintiff, being a resident of the county wherein such city is located, and having a just cause of action against the defendant is unable by reason of his or her poverty to give such security, on affidavit made before said clerk or judge that such is the fact, no deposit or security for costs shall be required. In all actions in which security for costs has been given or a deposit been made the defendant may, upon reasonable notice given to the plaintiff, at any time before final judgment therein, move the court for an additional deposit or security for costs, and if on hearing said motion the court be satisfied that such security or deposit for costs is not sufficient, it may require additional deposit or security for costs to be given by the plaintiff within a reason- able time, to be fixed by the court, and if not ;riven as required the action may be dismissed; PROVIDED, That where the plaintiff is a resident of such county wherein such city is located, he may t2 at the commencement of the suit deposit five dollars, which shall be in lieu of all security or deposit for costs herein provided, except the jury fee where a jury is demanded by plaintiff. All costs advanced or paid by the plaintiff shall be returned to him when the same are collected from the defendant in the action. Section 18. FEES; COLLECTION AND DISPOSITION OF FEES AND COSTS. In all causes, civil or criminal, brought in said court, there shall be taxed therein the same fees as are allowed by law in such cases before Justices of the Peace in this state, and when the same are collected they shall be paid by the clerk of said court, on the first Monday in each month, to the city treasurer of such city, and all such costs and fees shall be collected as is provided by law for the collection of costs in justice courts of this state, and said city treasurer shall credit the same to the city funds, and give duplicate receipts for the same, one of which shall on the same day be deposited with the City Clerk by the Clertz of said court, together with a detailed statement of the items of costs, the title of the case in which they were paid, and the name of the parties paying the same: PROVIDING, That no fees of witnesses or jurors shall be so deposited, but shall be paid by the Clerk of said court to the parties to whom they are due: PROVIDED FURTHER, That all witnesses' fees and jurors' fees collected and not claimed by the person entitled thereto, shall at the end of each six months be paid to the city treasurer, and if the same shall not be claimed by the persons entitled thereto within one year from the date of their deposit with the said city treasurer, said unclaimed witnessest and jurors' fees shall be paid into the general fund of such city. Section 19. PAYMENT OF MONEYS BY CLERK TO PERSONS ENTITLED. All money paid into said court shall be paid to the clerk thereof, who shall pay the same to the party entitled thereto, except as provided in the next preceding section hereof. Section 20. BOND OF CLERK. The Clerk of said court shall give bond in the sum of two thousand dollars to such city, to be conditioned, approved and deposited in the same manner as bonds of a justice of the peace of this state. Section 21. BOND OF MARSHAL. The marshal of said court shall give bond in the sum of two thousand dollars to such city, conditioned as now required by law for constables, and to be approved and deposited in the same manner as bonds of constables in this state. Yfe Section 22, TENURE OF JUDGE, CLERK AND MARSHAL. The terms of office of the judge, clerk and marshal of said court shall be for two years, and they shall hold their respective offices until their successors are elected and duly qualified. The term of office of the judge, clerk and marshal of such city court elected at such election shall commence at noon on the first Tuesday following such election. Section 23, VACANCIES. All the vacancies in the office of judge, clerk or marshal of said court shall be filled by appointment of the mayor and city commission until the next election for city . officers occurring more than thirty days after such appointment. Section 24. This ordinance shall take effect and be in force after the expiration of thirty days from the date of its publication in the official city paper, except that the judge, clerk and marshal of said court shall be appointed after the publication of this ordinance and prior to the expiration of said thirty days in order that such officers may become familiar with the duties of such offices, and to that extent this ordinance shall take effect upon its publica- tion in the official city paper. Introduced, August 12th, 1929 Passed, August 19th, 1929 Guar T. Helvering Mayor Attest: Chas, E. Banker y er it STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Chas, E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 3767 passed and approved by the Board of Commissioners of the City of Salina August 19th, 1929; and a record of the vote on its final adoption is found on page/'%4j0urnal No. 12 in 7, _mile -V C. I I! e 1:1, r 0 C11". t i 0 r c r s 0- 4 1 S C; c t i on o-1, C'20 C, m ,;V 2 C ton 17, 1 C. V b•- 0 117 C 01 C C) C ti ons 2:10-1d"I,/to �0-142-3 i n c J v, (. 1 0"11-' "atute u L -1ina C) 7' j'�,- I) o 0--" 11 �I C. col, CC 1 7 LC rt C- o af c S L 0 11 :3 L, f7 C e LA, 0 l, .'-10 z 1 0 -L such 4 4 10 -1-1 C,U, 121 U III i U c C, c c x ci c u ri 1.L i :3u, c ce s s or is el(-:ct,-,d 0" oint 1 7, o ol. -1�, I c n S G'__ t- 0 f S .1 0 C� 0 fa, c rk di G 0- 1nt-e--4ty Li it 0 1CL'S. O, S7 3 n i-,, i e, c b, c d FJ unc,ci- J er Court 11c'-. n6L ectr-�c-tions `ie. -L -..;in c -c -L ed h, -IVO orif 1li CI 2. ne c t -2ecove�­- of 1,iojie­ onl:,,- :,nc.* -to tr­ r C! I --101 C e n -n + _­ "11 - 6 C) e �: rnl, court ii,--j.-eb7, -,'ed ,�hall li�.',ve jurisd-icticri o :,,ctionfor +"0 ­ecll'ic verso -flul" Co CDCCC-Cd, flvo hun(Ircd n o o - t t c S (Oj_ "';Ve "c s- ! --c Jlui'iscictiion' civil _'a�-,tices of --eace. -,01-.T �1"VO 'n 4-1,.,* le c r i _L U—S s"+ &U , Lnd for t1ir-, pul'�I.ose 011' the juris-6-1-ion ,ic',i(Z-�'I,-eb7r conferred Df its, U I •- Or -I c -_'-Ielatin�'­ to t' -e af, 7C -j_ 1.?o-,T,7er--' Duties ju7l-is-(�iction of IT u.,.,. t- ices of t �je Lce '?ractces -,.)l-:,din' r nroceedin!--s in 'T1,1_- `ice ..re not in c on f c t ord-L J O_ , 0 juC,:_i-e t-lei-oof, and, node o- -:-)i-L,ct-_i.ce -6-rlC, -1'_ aI:Ci L' II07 Or '-.-,orme finch so 1', r r 7,U 1" U7 be '-.1'1-)Iic- IG f "­oV4 ded, I L Tnataftler this"rJ-inance tL°7,:e effect Tu2-'G_Jces of th"_-'once in. such city 3-1-1ll have no jurisdiction of :,.n77 cL�se, civil Or crijr,i1nal, e--,-ce--.L-t in c i,, -i 1 act i oncjtIo-,, e rc cove- of onl-- 1,-TIle- C, mounlb ed exclusive of costs does not e",cceed tlic sum of one dol!Lir, 'i;ut 'Lits '- ordi-mance ­ot -to ..n7:, suit Or )i.Oce-edin- bo­o2e u tices of ccc_;acc; pendinr, at the time U111S t- J omce t-:'-cs ef-'ect, 1101, 1,0 A e oraln ezfforce7;,tJnt of jjudnents t_'-IeneLofore randered b,, ti)em. 7. QCT -7.(:I.- 4- 7- —IT, I -rits i_�-cocesses L,� every en --id CLG4,coiart 12":Ided 'Mind in -as e s brou,-',) t 0 ar - in S -, 0 2.n case C) I ib s c c e , Or en d ,ion e I- I . . b �� I - U , U C, f e C; r e 0 If' i n t I ic, n of cl3r'�' in tl-,.e s _"', �L rei I i nL � 2 2 ,uCi + !IG_ 'S issued lcierlL of Lc d_3Gr1Ct court. b. I- 7' 0 c e OT j u 0 c 1 c r'-- n c s' i E., Of scJlcl: court a,, u ­-'reb­ Cr(...tee_, T O�' Off Vol--) 0 C ' r ice re Ce Ct,_;L s le L C' OT:L'e e 11 c e Iro.,11 res-1,,-I.ective) or 01' ti-11,Ar 1_1"ction' -C, '"Ir" 11 hoi.d t -f C e 0 r J. the ierm of two' gears znd until tNei2 successors bre elected and ordinance qualified, as provided by this vni: 1rovided further, that it shall be unlawful fon the judge of cai6 court to engage in Oe ,Yactice of law in any oY the courts of the state of ancLs OurinC his said tern: of office. C T _1 G 17, 3 .�D =7�a, CE 07 TUDG,3, Sni? judSe, clerk an marshal stall at the time of tneir election be qualified voters of such cit: Lnd shall reside tkerein durinq their tern. of office, ,rice: the juQo of said court zMll be L law;er regularly admitted to D2actico law in ItLe rictrict courts of Zansus. SACTICK ?. DIRAUM! —1) _' �i: GAIE. �_11 Trits cnd processes issued by the judge or c1crk of nu _d court skull he directed to the marshnil of snic co� rt or to thu shariff of 2uiC county in which said cit; is located, or, when proL2, to tf f Aoininor other counties in suic Onto, ON A ji be executed nnd vLturrad W such oWficer in thn sanc munnor in Lil res:>ects as no7 7ruvi6ed b7 law in relation to nrits &M w2ocesses issued b the ,Ierk or tho Astrict jourt. AMTKI S. �_. I,": I _', _ - - �' � - .- -Ile juage of the court stall receive f02 hic Servicesi a salary o� two AunEred (14CO) dollars per nonth; M clerk of said court ._hull receive for hi:_ services ��_ salary of ono RuMpod (4100) dollars nor nonLH; the marsl of swid court sh.11 receive fo2 his services a salary of one hundred tTent: Ave (�125) d ilars per month. "ll o_ avch waiarius FAM !a -niu in month - 1: inallmunts by such cit, out of the cit: treasury. 3102iby U. :11WEAS C� GnAK. Me clark ow OC court shall record the roceedinC2 of said court, man out ill rits, ;Yocesses nd otner >u7ers nucessary to be ripned or issued 0: Criv clorz or jud7e, ad- ninister oaAs renuinod in juAcini nim O?. oceedin-r before ruell court ow Ou juCTe zho.o., Wils all ane22 in CaO,`': JT' i' in ,aN. cort, aockst CLS02 �cot toz vn�n yol ant he Ph:ll lcrfor'Mi such othnr clupicnl ruticc in 2olotion �o th 7yocnodin-s in id court as _Ly he Ei2ecte& Ad judne. 11 . A* C- -C UtLf— C _,.L__ .0 c e e di- One L, C) CL C -Cl I- (,C-, CC__... t Of. n(, j u P, t '- c 0 'L, C, - u , ". � -�;: - I I -- i : .- .1. , C- 7 + U. e' it c IlG l r c, i - e c o c Tn 1-, -:;e brou- it n J- (i c o ii r t a C- of Venue r, o .-L G1, c t c 0 r t of IC C 0 U -n t n 4 10 CZ - 4 5 1 -_,;ccL u,,on :1 or]. T Cl - 0 in t1e cae rj,-,,jjjt b- !L -w fol.-� _IC -"c i�, -�r--nj f rorl trict coi.,,-rt,- of tli s state 7,1 y.(A r cm 7D� I ('01 - rt COU. -'t cryt I, i c rj 0 ul r t 0 count-. C 4 7' -L L: IJC� C 0 C, I u n t ,-i c c a s e s b e --," c, j u S, c e s o J-' 'U a Ti e u c e T " T- C- --n c,,se of I,- L",C-co) cicl—e m or 4 .�� - , _I I, 7 .- of UZ (1r e o l' court, -. cu A Din U C L7- ll cucl'l 0�. i 0 L� . -Lon, un -l -i-. (',O', -,L, cn iDe P,arsonal-17,;-)resent. 7 C.1 - L] I --I'- I , T 15. T U either saij ju6.-,--,e, cler': or 3. n c in i, t1 (2 1 r .,moi... court -I-- o -c .-- c t t t c n nor -., 0 11 in �n,: ,-uchl cc,, -e. .1610_ COU. -'t f 0 2 11 terr,iine aln-,.- r -atter t-lrle--L-c,in to extent .,.Ic'! �::b-cl-,- or d-isal,led juc�r�e "ll' if 'I"Ic.'i lu r -e Sent aro ll cucl'l 0�. i 0 L� . -Lon, un -l -i-. (',O', -,L, cn iDe P,arsonal-17,;-)resent. 7 C.1 - L] I --I'- I , T 15. T U either saij ju6.-,--,e, cler': or 3. n c in i, t1 (2 1 r .,moi... court -I-- o -c .-- c t t t c n nor -., 0 11 in �n,: ,-uchl cc,, -e. 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S :ed: 'r o,,,, .tied'i1C i i t� r e s L,, --o 0 c - 4 U - 1, 11 110 c&'I -c,, -1 -c-I ci---,, i,, loc-,,- ed den f” of ci-icli cou,,,t,,, ,,An cu -i e, i ; c e- e n t o 0, -1 4- _V� I U I e in lieu of 0, o rl,- I cc - o i 6 e 6, all secu-,-i 0'ot 'or C"", e 7, C e where jui- ,,.erl�.�nCLed b I'-, i 1 cocts or-v- �----e collected From to flim, I 6. tiac defen.L,nt in th" action. SIE, C T 01 7� 16 . HT In , civil Or Crimil:�all causes in coul't-, all 's"', be _ -C -(-.,e- r zi] owea C l. c,,,ses ._;w JoL­ ji-,tstices of t.L'.) C el 1 - � i , S j c 111 collected -AE sit 1.12, C; circ; cls; oC L, U oil "'ir- fil-st .-on c.:, in c h m, oath, 0 1- e c It- of suc',j -C: all Lacb- tests and fee be collected s is :)rovided b., l'i fo v, i, ',- t..e collect- cn c,, col-tc, in justi ce c. t a S U e r --L- 11 4 I L U t t1l, to Aie cJ func, - v c d, _; C_'-0 L rCCei t5 i 'or t: C' o n e o I, Ilicli L e de; _.O.'_ -_._(!'CL -6 -G C) -F c of, 01 C a c at e -,on t o U CSL. - S C P_ 0 C I n t -ho, o" -artJ-02 p• in­: t, n.,, 310 C -1--es o- 0 c 0:' C E" - j U 011 t C of oourt to t",-0 t ojc'r' e (fiv-o 0, -h- er, L -ill- it-fle,sSes, i-ces -fees collect -1-c- 0' T r i t C, t, I c C r 4- t ons c"'It -I o J_ t, i n or,(-;t]i�_-; d , o e of -6"Ie.-Jr tie - 0 S t ,_ C_ UnC i'!' -d 01. S 4 f JL 1, Un 'I city 4- U D t _j i10 CC r. r. -ec ,.of. C" 4 C d G_ iTL 1;1 1111( j C 2 P e EC0 --e ol Ld Q: 7. I ED ____cIIL un _'2C CL c 1 c t c I C L 1 10, 1 C) JL 0,L S ca, C t j 11 C) GC I e, c t on U J. I c + n ­C(D r U- 11 C) n C �2 o__r: d after +1 on o-, t i.. 0 0 11 'C_ Off'_ iCes t lit u c t u 0� C ELI u C -_eau August 12th, 1929 s a� e d August 19th 1929 test )r Cite C r'