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HomeMy WebLinkAboutOrd1954-249 r I , -.. ~,,.., .' .........--- ORDINANCE NO. 249 AN ORDINANCE TO CONFER UPON THE MUNICIPAL MAGISTRATE OF THE CITY OF SEWARD, ALASKA, THE JURISDICTION TO TRY CIVIL ACTIONS ARISING ON CONTRACT WHERE THE AMOUNT INVOLVED IS NOT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00), AND TO PRE- SCRIBE THE PROCEDURE AND SCHEDULE OF COSTS IN SUCH COURT. BE IT ORDAINED BY THE COM1\40N COUNCIL OF THE CITY OF SEWARD, TERRITORY OF ALASKA: SECTION 1. General Provisions: a. The jurisdiction to try civil actions arising on contract where the amount involved is not in excess of One Hundred Dollars ($100.00) is hereby conferred upon the Municipal Magistrate of the city of Seward, Alaska. b. The mode of proceeding and the rules of evidence are the same as in a like action or proceeding in a court of record in the Territory of Alaska, except where otherwise herein specifically provided. c. The docket of the Municipal Court for civil action is a book in which the Magistrate must enter First. The title of every action or proceeding commenced, with the names of the parties thereto and the time of the commencement thereof. Second. The date of making or filing any pleading, and, when the same is made orally, a plain statement of the substance thereof and the verification thereto when one is required. Third. An order allowing a provisional remedy, and the date of issuing and returning the summons or other process. Fourth. The time when the parties or either. of them, appear, or their failure to do so. Fifth. Every postponement of a trial or proceeding, and upon whose application, and to what time. Sixth. The judgment of the court and when given. Seventh. The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking thereof, and the justification of the sureties therein. Eighth. Satisfaction of the judgment or any part thereof. Ninth. All other matters which may be material. SECTION 2. Commencement of action. No formal pleadings on the part of either plaintiff or defendant shall be required in the Municipal Court; but before any process shall be issued in any action the plaintiff shall file with the Municipal Magistrate an affidavit of himself or some other credible person stating the amount of the indebtedness or claim upon which the action is founded; and the defendant, shall before the trial is commenced, file the instrument, account or statement of his set-off or counterclaim relied upon. SECTION 3. Issuance and Service of Summons. a. The summons shall be issued and signed by the Municipal Magis- trate, and must require the defendant to appear before such Magistrate at a time and place to be named therein not less than five nor more than ten days from the date thereof, to answer the claim of the plaintiff or judgment for want thereof will be taken against him. b. Form. The summons shall be issued and signed by the Municipal Magistrate, and may be in the following form~ IN THE MUNICIPAL COURT FOR THE CITY OF SEWARD THIRD JUDICIAL DIVISION TERRITORY OF ALASKA Plaintiff, vs Defendant. No. Summons The City of Seward, Alaska, to the Within Named Defendant, Greeting: You are hereby directed to appear and answer the within and fore- going claim at the Council Room of the City Hall in Seward, Alaska, on the , 19 , at the hour of -- o'clock in the day of noon of said day; and to have with you, then and there, all books, papers, and witnesses needed by you to establish your defense to said claim. And you are further notified that in case you do not so appear, judgment will be given against you for the amount of said claim as it is stated in said affidavit. Dated this day of , 19 -- 1V1"unidna1 lVa~;~t:raj€, c. Service. The service of the summons may be made as follows: First, by delivering a copy thereof to the defendant; or, second, by leaving a copy of the summons at the usual place of abode of the defendant, with some person of the family above the age of fifteen years; and if a defendant shall refuse to hear the summons read, or to receive a copy thereof, at the offer of the officer to read the same or to deliver a copy thereof, such re- fusal shall be a sufficient service of the summons; or if the defendant be a corporation, then to the president, secretary, or a managing or local agent thereof. d. By whom Service made. Service may be made by the Chief of Police or any Police officer of the city of Seward, or by any disinterested citizen of the United States over the age of twenty-one years who is compe- tent to be a witness in the action, other than the plaintiff, and when so made the return shall be by affidavit of said disinterested citizen endorsed thereon. e. Time of Service. The summons must be served at least five days before the time therein required for the defendant to appear. SECTION 4. Postponement. When a cause is at issue upon a question of fact the Municipal Magistrate must, upon sufficient cause shown, on the application of either party, postpone the trial for a period not exceeding sixty days. SECTION 5. Enforcement of Judgment. A judgment in the court of the Municipal Magistrate shall be enforced in the same manner as provided by law for the enforcement of judgments in the court of a Justice of the Peace. Executions shall be addressed to the Chief of Police or any Police officer of the city and the levy thereof, as well as all other proceedings thereunder, shall be the same as in the court of a Justice of the Peace. SECTION 6. Appeals. Appeals may be taken from a judgment rendered hereunder to the United States District Court where the amount in controversy is in excess of Fifty Dollars ($50.00) in the same manner as appeals are now taken from the judgments of Justice Courts in civil actions. r SECTION 7. Costs and Attorneys fees. a. Upon the commencement of action a filing fee of Five Dollars ($5.00) shall be paid to the Municipal Clerk. b. When service of summons or other process is made by the Chief of Police or any police officer of the city "of Seward, a service fee of One and 20/100 Dollars ($1. 20) shall be paid in advance to the Municipal Clerk, or to such officer for each service. c. The fee to be charged for sales of property upon execution, shall be five percent (50/0) of the amount of the purchase price of said property and said fee together with any service fees due to the city, shall be deducted from the proceeds of sale before said proceeds are deposited with the Clerk for delivery to the judgment creditor. d. The Municipal Magistrate sitting in civil cases hereafter brought in said court may in his discretion allow and taxa.s a part of the costs in such cases in favor of the prevailing party or parties thereto and against the other party or parties thereto, an attorneys fee in the amount of $25. 00, provided, however, that necessary costs and disbursements shall in all cases be allowed the prevailing party. This ordinance shall take effect and be in full force from and after the date of its passage and approval. , Passed under suspension of the rules and approved by the Common Council of the City of Seward, Territory of Alaska, on the 19th day of July, 1954. A~!.~QYJ t :/ / ( /Lu1I!.~) Mayor Attest: .~ . ~- ty lerk --"