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HomeMy WebLinkAboutOrd1958-287 ORDINANCE NO. 287 AN ORDINANCE JY.1ENDING AND REENACTING ORDINANCE NO. 249 INCREASING THE JUlUSDICTION OF THE MUNICIPAL MAGISTRATE OF 'lEE CITY OF SEWARD, ALASKA, AND ENABLING THE MJNICIPAL M\.GISTRATE TO TRY CIVIL ACTIONS ARISING ON OONTRACT IN .AMOUNTS Nor IN EXCESS OF THREE HUNDRED ($300) OOLLARS. SECl'ION 1. Municipal Magistrate to haTe Civil Jurisdiction. (a) The Municipal Nagistrate of the City of Seward shall have jurisdiction to try civil actions arising on contract where the amount involved is not in excess of Three Hundred ($300.00) Dollars. The m:xie of proceeding and the rules of evidence are the same as any like acti on or proceeding in a court of record in the Terri tory of Alaska, except as shall otherwise be pr ovided in the various code. SECTION 2. Civil Docket. (a) The docket of the Municipal Court for civil action is a book in wh ich the magi strate must en ter. 1. The title of every action or proceeding commenced, wi th the names of the pl.rti es the reto and the time of the commencement thereof. 2. The date of makirq or filirq any pleading, and when the same is made orally, a plain statement of the substance thereof and the verificati on the reto when one is requir- ed. 3. An order allowing a provisional remedy, and the date of issuing and returnirq the sUIlllllons or other process. 4. The time when the pl.rties or ei ther of them, appear, or their failure to do so. 5. Every postponement of a trial or proceedings, and upon whose application, and to what time. 6. A judgment of the court and when given. 7. The fact of an appeal having been made and allowed, and the date thereof, wi th the memorandum of th e undertak ing - 1 - r thereof, and the justification of the sureties therein. 8. Satisfaction of the judgment or any part thereof. 9. All other matters wh ich in the opinion of the Magistrate may be material. SECl'ION 3. Cotmnencement of Action; Sumnons; Fonn. (a) No formal pleadinqs on the rart of ei the r plaintiff or defendant shall be required in the IIlUnicipal court; but before any process shall be issued in any action the plaintiff shall fi le with the Municipal Magi strate an affidavit of himself or a property owner. Persons stating the Bmount of indebtedness or claim upon which the acti on is founded, the defendant, may before the trial is cotmnenced, file the instrument, account or statement of his set-off, or counter claim relied upon. (b) A summons shall be issued and signed by the Municipal Magistrate, and Il1Ust require the defendant to appear before such Magistrate at the time and place named therein not less than five (5) nor more than ten (10) day s f'rom th e date the summons is issued to answer the claim of the plaintiff or judgment for want thereof or answer the claim of the plaintiff. (In the event tha t the defendant fai ls to appear a judgment for want of his appearance may be taken against him.) (0) A sununons shall be issued and signed by the Municipal Magistrate, and may be in the follCMing fom: IN THE MJNICIPAL OOURT roR 'IRE CIT'f OF SfWARD THIRD JUDICIAL DIVISION TERRI1DRY OF AlASKA Plai ntiff vs. Defendant Sumnons The City of Seward, Alaska, to the '.-lithin Naued Defendant, Greet! ng: - 2 - You 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 - r (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 - 4 - \' upon a question of fact, the Municipal Magistrate may upon sufficient cause being shown upon the application of either party postpone trial of the matter for a period from tillll!l to time but no postponement may be in excess of sixty (60) days from the day of filing.) An eaergency is hereby declared to exist, and in the public interest the ru les governing the passage of ordinan caB are hereby l!IIlS- pendad and this Ordinance shall be given effect immediately upon its passage and approval. Passed and llwroved this 19th day of May , 1958. APPROVED : ,i/ ,/ ,~ ~_ I - / I Mayor - City of Seward, Ala ska A'ITEST : ~~~:yjL/ Ci ty C1 erk t/ - 5 -