HomeMy WebLinkAboutOrd1958-287You are hereby directed to apptar and answer the within
and foregoing olaim a t the Counci 1 Room of the City Hall in
Seward, Alaska, on the day of , 19--J at the hour
of o'clock in the noon of said day; and to
have with you, then and there, all books, papers, and wi tnesses
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 is stated in said affidavit.
Dated this day of 19
Municipal Magistrate
SECTlOO 4. Service
Servd.ce of the summons shall be made as follcws: First, by del-
iveri:B1 a copy thereof to tbe defendant; or, Second, qr leaving a copy
of the summons at the usual place of abode of the defendant, or some
person of the family above the age of 15 years; and if the defendant
shall refuse to hear the summons read to him, or to recei ve a copy
thereof, such refusal shall be sufficient service of the summons; or if
the defendant be a corporation, then service may be Il1Ade on the president,
secretary, or a local agent therof.
Servi ce may be Il8de by the Chie f of Polic e or by any police officer
of the City of Seward, or by any disinterested citizen of the United
States over the age of 21 years who is competent to be a wi tness to the
action, other than the plaintiff, and when so made the return shall be
by affidavit of the person making the service. The affidavit of the
person making the service shall be endorsed thereon.
The sununons must be served at least five (5) days l:efore the
time therein required for the defendant to appear.
SECTION 5. Hearing; JudQment; Appeals.
a) At the time or place set for a hearing the Magistrate
shall proceed to try the matter with out a jury. Testimony shall be
taken in the cause and the natter to be detennined by the Magistrate,
but all testimony must be under oath and subject to cr08s-examination
of the adverse party. At the oonclusion of the hearing, or within
a reasonabl e ti me thereafter the Nagis trate must enter j udgmen t in the
matter.3 -
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b) A ju:igment in the court of the Municipal Magi strate shall
be enforced in the same manner provided, however, by lawfully en-
forcement of judgments in the court of tIe Justice of the Peace. Ex-
ecuti ons shall be addressed to the Chief of Police or any police of-
ficer of the City and the manner of enforcement thereof as well as
any other proceedings thereof shall be the same as in the Court of
the Justice of the Peace.
c) Appeals may be taken from a judgment rendered hereunder to
the United states District Court for the amount in controversies in
excess of Fifty Dollars ($50.00), and the same manner as appeals are
now taken from the judgments of a court of the Justice of the Peace
in civil actions.
SECTION 6. Cost and Fees.
Upon the commencement of an action the filing fee of Five Dollars
5.00) shall be paid to the Municipal Clerk. When service of summons
or other process is made by the Chief of Police or by any other policeo"
officer of the City of Seward, a service fee of three dollars ($3.00)
shall be paid in advance to the Municipal Clerk for each service. In
the event the action is litigated a Ten Dollar ($10.00) hearing fee
shall be paid in advance to the Municipal Clerk prior to heariIY;J. The
fee to be charged for the sale of property or executi on shall be 51. of
the amount of the purchase price of said property and said fee together
wi th any service fee due to th e city shall be deducted from the proceeds
of the sale before said proceeds are deposited with the clerk for delivery
on the judgment.
The Municipal Magistrate sitting in civil cases hereinafter brought
in said court may in his discretion allow and tax as part of the costs
of such cases in favor of the prevailing party or parties thereto and
against the other party or parties thereto and an attorney's fee in
the amount of $25.00, provided, however, that necessary costs and dis-
bursements shall in a.ll cases be allowed the prevailing party.
Postponement: Provided, however, that when a cause is at issue
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