3090 Witnesses in Police CourtAn Ordinance relating to witnesses in Police Court.
BE I'T ORDAINED by the Board of Commissioners of the City of Salina:
Section 1. It shall be the duty of the Police Judge to summon all per-
sons whosetestimony may be deemed essential as witnesses at the trial of
any case in Police Court, upon the request of either partyto the case, and
to enforce.. the attendance of such witnesses by attachment when necessary. All
process issued to secure the attendance of wienesses as herein provided may
be served in any part of Saline County, Kansas as provided by Sec. 13-609,
R. S. Kansas, 1923. If any trial shall be continued.the-.court, may verbally
notify such witnesses as may be present at the continuance to attend before
to testify in such case at the time to which the case is continued, and such
verbal notice shall be as valid as a subpoena. Witnesses shall receive for
each days attendance at such court the sum of $1.00 per day and 5� per mile
for each mile actually and necessarily travelled in going to and returning
from the place of attendance; provided that, no witness who -resides in the
City of Salina shall be entitled to any such mileage. Such witness fees,
mileage and costs of serving any process shall be taxed as costs in the case
and assessed against the defendant when convicted, the same as in otate cas-
es. All witness and mileage fees must be claimed by the filing of a veri-
fied eemand therefor before the witness leaves the place of trial after atter.
ding in response to any subpoena or order. No Police Officer shall be en-
titled to any fee as a witness in Police Court. Costs incurred on the part
of the 'jity.shall be paid by the City if the defendant is convicted and shall
be unable to pay the ,judgment against him.. When the defendant is convicted
no costs incurred on his part shall be paid by the City. If it shall appear
to the Police Judge that the prosecution of any case has been instituted
without probable cause or from malicious motives,. he shall state the name of
the person responsible for such. prosecution in his finding; and shall ad udgE
the costs of the case. against such person, and shall commit such person
to .tail until such .costs are paid or secured,to be paid.
Section 2. 'chis ordinance shall be in force and take effect from
and after its publication in the official City paper.
Introduced for first reading, March 9th, 1925.
Passed and approved, ieiarch 16th, 7.925.
(SEAL) J. S. hkRGETT, mayor
Attest:
0
CHAS. E. BP.NKER, City Clerk
STATE OF KANSAS )
)SS
COUNTY OF SPLINE)
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 Number 3090, passed and
approved by the Board of Commissioners of the City of Salina,
Kansas, March 16th, 1925, and a record of the vote on its
final adoption is found on .page '-P % of Journalivumber 11.
' Ufty C ert
I
PUBLISHED IN THE Salina Da
Ordinance 3090-=
J ordinance rQlating to witnesses in police Court.
925.
Be it ordained by the Board of Commissioners of the City of Salina.
Section 1. It shall be the duty of the Police Judge to summon all
persons whose testimony may be doemed essential as witnesses at the
trial of any case in Police Court, upon the request of citherparty
to the case, and to enforce the attendance of such witnesses by attach
ment when necessary. All process issued to secure the attenJance of
witnesses as herein provided may be served in any part of Saline County
Kansas as provided by Sec. 13-609., R.S.hansas, 1923. If any trial shall
be continued the court may verbally notify such witnesses t�saxWNRNRMt
as may be present at the continuance to attend before him.to testify
in such case at the time to which the case,is continued, and such ver-
bal notice shall be as valid as a_subpoena. Witnesses shall receive
for each days attendance at such court the sum of '1.00 per day, and
five cents per mile for each mile actually and necessarily trave...lod in
going to and returning from the place of attendances ±fxi;J=lnh� Provided,
that no witness who resides in the city of Salina shall be entitled to
any such mileage. Such witness fees, mileage, and costs of serving
any process shall be taxed as costs in the case and assessed against
the defendant when convicted, the same as in State cases. All witness
and mileage fees must be claimed by the filing of a verified demand
therefor before the witness leaves the place of trial after attending
inresponse to any subpoena or order. No police officer shall be entitled
to any fee as a witae5s io police court. Costs incurred on the part
of the city shall be paid by the city if the defendant. -is convicted End
shall be unable to pay the judgment against him. When the defendant is -
convicted, no costs incurred on his part shall be paid.by tho-City.,
If it shall appear.to the Police.Judge that the prosecution of any case
has been instituted without probable cause or from malicious motives,
he shall state the name of the person responsible for such prosecution
in his.finding, and shall adjudge the costs of the case against such peri
son; -and shall commit such person to jail until such t costs
ar,e.paid or secured to be paid.
Secti•on.2.,lhis ordinance shal bein force and take effect from and
after •its publication in the official -city paper.
Introduced for first reading, Iv?areh 9th, 1925
Passed and approved --------- I. 1 t , 1925
r
fittest:
City Ulork.