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1839. THE ADVOCATE AND NEWS, (Published In tha Advocate and News, offi cial State paper, March 8, 1399.) House Bill No. 860. AN ACT creating a City Court In the City of Coffeyvllle, Montgomery County. Kansas, and denning the jurisdiction and I powers thereof, and creating a Judge Clerk and Marshal of said Court and de nning their duties and powers, and limit ing the Jurisdiction of Justices of the Peace In said City of Cofteyvllle - Be It enacted by the Legislature of the State of Kansas: - . ' Section X. That In the City of Cofteyvllle In Montgomery County, Kansas, a Court is hereby created and established, to be called "The Court of CoiTeyvllle," which said Court shall have one presiding Judge, whose style of office shall bo "Judge of the Court of Coffeyvllle", and the Bald Court shall have a Clerk whose Btyle of otllce shall be "Clerk of the Court of Coffeyvllle" and1 said Court shall have a marshall, whose style of otllce shall be the "Marshal of the Court of Coffeyvllle." Section 2. Said Court shall have a seal bearing the words "The Court of Coffey vllle, Montgomery County, Kansas" and the City Council of said City of Coffeyvllle shall forthwith procure the seal provided for in this section and deliver the some to the Clerk of said Court of Coffeyvllle, who shall thereafter have the custody of said seal; and with which he shall authenticate all civil process of said Court and all of his official acts in relation thereto. Section 3. The Jurisdiction of said Court of Coffeyvllle shall be co-extenslve with the said County of Montgomery and shall have original Jurisdiction of civil actions for the recovery of money only and to try and de termine the same, where the amount claimed does not exceed one thousand dol lars; and shall have Jurisdiction of actions for the recovery of specific personal property where the amount claimed does not exceed live hundred dollars; and shall have Juris diction of all cases arising on account of damages to the person or damages to per sonal property where the amount claimed does not exceed six hundred dol lars, and for the purpose of the Jurisdiction hereby conferred and In its proper and nec essary exercise all of the powers and duties and Jurisdiction of the District Court and the method of procedure therein and the practice and proceedings therein In all mat terswhich are not In conflict with the pro visions of this act, shall apply to the Court of Coffeyvllle and to the Judge thereof and to the mode of practice therein and to the powers and duties thereof, original mense or final: The Jurladltlon of said Court of Coffeyvllle In criminal actions Bhall be co extensive with the said County of Mont gomery and shall have the same Jurisdic tion as Justices of the Peace, in this State now have in criminal cases, and for the purpose of the Jurisdiction hereby con ferred and In its proper and necessary ex cise all of the laws of this State relating to powers and duties of Justices of the Peace and the Jurisdiction thereof, and the prac tice, pleadings and proceedings in Justices' Courts which are not In conflict with the provisions of this act, shall apply to the Court of Coffeyvllle and to the Judge thereof and to the practice and procedure therein, and to the powers thereof In all criminal cases therein brought and pending. Provided: That after this act shall take ef fect Justices of the Peace in the said City of Coffeyvllle shall have no Jurisdiction of any case, civil or criminal, except in civil cases, where the amount claimed, exclusive of coBts, does not exceed the sum of one dollar but this act shall not apply to any suit or proceedings now pending before said Justices of the Peace, at the time this act takes effect, nor to the enforcement of Judg ments theretofore rendered. Section 3. The officers of said Court shall consist of a Judge, Clerk and Marshal and said Judge and Marshal shall be elected as hereinafter provided, and the said Clerk shall be appointed by the Judge of said Court, all of whom shall be actual resi dents of the City of Coffeyvllle at the time of their election or appointment, as the case may be, and shall reside therein during their term of office and provided that the Judge of said Court shall be a person who has been duly and regularly admitted to . pratlce law in the District Court of said Montgomery County Kansas. Section 4. The Judge of said Court shall receive as pay for hlB services a salary of seven hundred and fifty dollars per year, together with such fees In criminal cases as are now by law allowed to Justices of the Peace in this State, In such cases before , such Justices of the Peace; the clerk of such Court shall receive for his services a salary of three hundred and sixty dollars per year and such salaries shall be paid Dy me city or coneyviue in tne same man ner as City officers are paid. Section 5. The Marshal of sold Court shall be permitted and authorized to appoint one or more deputy Marshals, who shall have the same power and authority as the Mar shal, and the Marshal shall be liable on his oftilcal bond for the acts of such deputy Marshals. The Marshal shall receive as pay for his services the sum of four hun dred dollars per year, together with such fees in criminal cases as are now by law al lowed to Constables, in such cases before Justices of the Peace and provided that the said Marshal shall pay his own deputy Marshal or deputy Marshals and such dep uty or deputies shal in no instance be en titled to any salary or fees from the said City or coireyvine. xne salary or such Mar- shal shall be paid by the City of Coffeyvtlle in the same manner as the City officers are paid. Section 6. The City of Coffeyvllle shall provide suitable rooms for holding: said Court, and provide for furniture, fuel, lights ana other incidental expenses and shall fur nish proper stationery for the use of said Court. Section 7. That all, writs and processes of all kinds in civil cases brought In said Court shall be issued by the Clerk of said Court In the same manner as writs and process are issued out of the District Courts in said State by the District Clerks thereof. Section 8. All writs and process of every kind in criminal cases brought or pending In said Court shall be Issued by the Judge of said Court, or, in case of his absence, or when otherwise engaged, then, by the Clerk In the name of the Judge in the same man ner as such writs and process are Issued by Justices of the Peace in this State, In cases before such Justices. Section 9. The provisions of an act enti tled "An act to establish a code of civil pro cedure" which are In their nature applica ble to this Court, and In respect to which no special provision Is made are applicable to proceedings before this Court la all civil cases. Section 10. All writs and process issued oy the Judze or Clerk of said Court In civil cases shall be directed to the Marshal of Butd Court or to the Sheriff of said County and shall be executed and returned by such officer in the same manner in all respects as now provided by law in relation to the writs and process In the District Court of said County so far as the same are applicable. Section 11. That all writs and process is sued by the Judge or Clerk of said Court In criminal cases shall be directed to the Marshal of said Court or to any Constable of said City of Coffeyvllle, and shall be ex ecuted and returned by such officer in tne same manner In all respects as now pro vided by law In relation to writs and pro cess issued by Justices of the Peace In this State. Section 12. The Clerk of said Court snail assist the Judge thereof in recording the proceedings of said Court, making out writs, process and other necessary papers to be Issued and signed by Bald Judge, ad minister oaths required In judicial and other proceedings before such Court or the Judge thereor, nie an papers in cases pending in said Court, docket cases and Bet the same for trial in the absence of the Judge; and In all preliminary examinations held before said Judge in cases of persons accused of a commission of a felony. It shall be the duty of said Clerk to take down all the testimony in writing and file the same with the pupers In the case. Said Clerk shall perform sucn other clerical duties in relation to the pro ceedings in Bald Court as may be designated by the Judge. Section u. xne powers ana auues or B&ia Marshal and deDuty Marshal. In criminal cases shall be the same as now prescribed by law for Constables and deputy Consta bles in such cases before Justices of the Section 14. The powers and duties of the Marshal and deputy Marshals, In all civil cases in said Court Bhall be the same as now prescribed by law. so far as the same may be applicable for Sheriffs In this State. Section 15. Said Court shall keep a civil docket and a criminal docket which shall be furnished by the City of Coffeyvllle and in which said civil docket must be entered by the Judge or Clerk of said Court every civil case brought or pending in said Court and all of the pro ceedings had or done therein, In the same manner in all respects so far as the Bame are applicable as is provided by law relat ing to dockets, journals and records In the ofllce of Clerks of the District Courts In this State; and In which criminal docket, there must be entered by the Judge or Clerk of said Court, every criminal case brought or pendinginsuchCourt.and all of the proceed ings had or done therein, In the same man ner as now provided by law relating to dockets and Journals of Justices of the Peace in this State. Section 16. Appeals may be taken from said Court to the District Court of Bald Montgomery County, in the same manner and to the same extent as provided by law In cases before Justices of the Peace. Section 17. Neither the said Judge nor the said Clerk of said Court shall draw any pleading In any civil case to be filed In said Court nor shall they draw any fee In any civil cases therein, nor act as attorney for any person or persons in such case or cases. Section 18. In the absence, sickness or other disability of the Judge, the Clerk of said Court may adjourn the hearing of any cause or matter therein pending In said Court from time to time not exceeding ten days In any one time, until the Judge thereof can be personally present. Section 19. The Judge, Clerk and Marshal of said City Court shall, before entering upon the discharge of their duties take and subscribe an oath to support the consti tution of the United States, the constitution of the State of Kansas, and to faithfully discharge the duties of their respective of fices. Section 20. The Clerk of said Court shall give bond in the sum of two thousand dol lars, to be conditioned, approved and de posited in the same manner as the bond of Clerks of the District courts in tnis state. Section 21. The Marshal of said Court shall give bond in the sum of two thousand dollars conditioned, so far as applicable, as now required by Constables and to be ap proved and deposited in the same manner as Donas or constaDies in this state. Section 22. In all civil cases brought In said Court before summons or other process shall be Issued, therein a deposit of three ($3.00) dollars shall be made by the plaintiff In said cause, with the Clerk of said Court as security for costs In Buch cases and the Judge of said Court, may, in addition thereto, require such further security as he may deem oufneient to cover all costs therein; provided that In cases where the plaintiff, being a resident of said Montgom ery County and having a just cause of ac tion against the defendant, Is unable by reason of his or her poverty to give such security on affidavit made before such Judge or Clerk that such Is the fact no se curity shall be required. In any action In which security for costs has been given, the defendant may, on reasonable notice given to the plaintiff, at any time, before final Judgment therein, move the Court for ad ditional security for costs and if, on the hearing said motion, the court is satisfied that such security is not sufficient, it may require additional security to be given by plaintiff within a reasonable time, to be nxed by the court, and if not given as re quired, the action may be dismissed. All costs advanced by the plaintiff or by him paid, Bhall be returned to him when the same are collected from the defendant. Section 23. In all civil cases brought in said Court there shall be taxed therein the same fees as are allowed by law in such cases in the District Court of said County and when they are collected they shall be paid by the Clerk of said Court on the first Monday in each and every month to the City Treasurer of the City of Coffeyvllle. who shall credit the same to the general fund of said City, and shall give duplicate receipts therefor, one of which shall on the same day be deposited with the City Clerk or said city togetner witn a detailed state ment of items of costs, the title of the case In which paid and the names of the parties paying the same. Provided that no fees of witnesses or Jurors, shall be so deDoslted. but shall be paid to the parties entitled thereto. Provided further that If said par ties do not claim said fees within two years from the time of the trial of the said cause, then It shall be the duty of the Clerk, to turn the same Into tha City Treasury aa herein before provided. Section 24. That duly authenticated tran script of the record of any case in this Court shall be received in evidence in an o trier Courts in this State in any proceeding therein. Section 25. All laws relating to the draw ing, qualifications and summoning of Jurors for cases before Justices of the Peace in this State, and to the impaneling thereof, shall apply to Jurors for the Court of Cofteyvllle so far as said laws are applicable and not inconsistent herewith. Section 26. whenever the Judre of the Court of Coffeyvllle shall be disqualified from trying any action civil or criminal pending In his Court, by reason of his In terest therein, or in the subject matter, or has been of counsel therein, or is related to either of the parties thereto, or Is disquali fied by reason of undue bias or partiality therein, the Dartles to such action or their attorneys, may, by written stipulation to be filed and entered on tne journal or snia Court, Beloct a Judge pro tem. Judge to try and determine the same; provided that the pro tem Judge so selected snail do a person who has been duly and regularly admitted to the Dractlce of the law in the District Court of said County and an actual resident of the Bald city of coireyvine. Section 27. In all criminal cases brought In said Court, the Judre and the Marshal of said Court shall be entitled to receive In addition to the salary allowed them for ser vices, such fees as are by law anowea ana paid to Justices of the Peace and Consta bles, respectively, in such cases before Justices of the Peace In this State and such fees shall be paid to Buch Judge and oaid Marshal, respectively, by tha said County of Montgomery in the same manner as tees are paid to Justices of the Peace and to Constables. Except where such fees are paid by defendant or defendants in such cases. Section 28. The term of office of the Judge and Marshal of said Court shall be two (2) years and until their successors are duly elected and qualified and the first election of such Judge and Marshal shall be held at the regular election of city officers of said City of Coffeyvllle in the year 1900. Section 29. The term of office of the Clerk of said Court shall be one year and until his successor is duly appointed and qualified and the said Clerk shall be ap pointed by the Judge of said Court for the term of one year. Section 30. All vacancies In the office of Judge and Marshal of said Court shall bo filled by appointment by the Gov ernor of the State until the next election of city ofllcers occurring more than thirty days after such appointment Section 31. All, vacancies In the office of the Clerk of said Court Bhall be filled by ap pointment by the Judge of said Court. Section 32. Tho Governor shall immedi ately upon the passage of this act appoint and commission a Judge and a Marshal for the Court hereby created; whose term of ofllce respectively shall com mence with the date of his commission and who shall hold his office until his successor Is duly elected and qualified. Section 33. This act shall take effect and be in force from and after its publication In the official state paper. I hereby certify that the above bill orlgl nated In the House and passed that body February 24th, 1899. S. J. OSBORN. Speaker of the House. CHAS. E. LOBDELL, Chief Clerk of the House. Passed the Senate February 24th, 1899. H. E. RICIITER, President of the Senate. J. W. MORPHY, Secretary of the Senate. Approved February 29th. 1899. W. E. STANLEY, Governor. STATE OF KANSAS. Office of Secretary of State. I, Geo. A. Clark, Secretary of State of the State of Kansas, do hereby certify that the above and foregoing Is a correct copy of the original enrolled bin now on file in my office. In testimony whereof, I have hereunto subscribed my name and affixed my official seal, this 4th day of March, 1899. Seal. GEO. A. CLARK. Secretary of State. By HILL P. WILSON, Assistant Secretary of State. (First Published Marh 8th, 1899.) Bond Redemption Notice. To the holders of bonds Issued by Saline County Kansas to The Chicago Kansas and Western Railroad Company, and also to The Chicago Kansas and Nebraska Railway Company. Pursuant to the laws of the State of Kan sas, and an order of the Board of County Commissioners of Saline county Kansas, I. Henry II. Eberhardt county treasurer of Saline county Kansas hereby give notice that the following described bonds with the accrued interest thereon, Issued by Saline county Kansas to-wit: ($12,000.00) Forty-two thousand dollars In bonds, bearing date of December 28th, 1887, are in denomination of (H.ouo.w) one thousand dollars each, bonds numbered from (11) eleven to (52) fifty-two. Inclusive, Interest at six per cent, principal maturing December 28th, 1907, principal and Interest payable at the Fiscal Agency of the State of Kansas. In the city of New York. Issued to The Chicago, Kansas and Ne braska Railway Company. Also ($58,000.00) fifty-eight thousand dol lars, towlt: Bonds numbered (1) one to (58) fifty-eight, Inclusive, bearing date of No vember 1st, 1887, are in denomination of ($1,000.00) one thousand dollars, each. Inter est at six per cent, principal maturing No vember 1st. 1917. principal and interest Day- able at the Fiscal Agency of the State of Kansas, in New York city, issued to The Chicago. Kansas and Western Railroad Company, will be paid on the 15th day of May, 1899, at the Fiscal Agency of the State of Kansas, in the city of New York, State of New York. And further notice Is hereby given that on the 15th day of May, 1899, said above described bonds will cease to bear interest. HENRY H. EBERHARDT, County Treasurer of Saline County, Kan sas. Attest: A. L. BROWN. (Seal.) County Clerk. (Published In the Advocate and News, offi cial beats paper, oiarcn a, isjv.) House Bill No. 570. AN ACT relating to cities of the first class having a population of over forty thou sand (10,000) inhabitants, and relative to the appointment of certain officers therein . named, and repealing Section No. t'9 of chapter U of the General Statutes of 1S97. Be it enacted by the Legislature of tha State of Kansas: Section 1. The Mavor. by and with the consent of the Council, In cities of the first class having a population of over forty thousand Inhabitants may appoint a city engineer, city counsellor, street commis sioner, license Inspector, market master, welith master, and Inspector and weigher of grains, meats, flour and other products; and such other officers, and deputy officers, as they may deem necessary for the bent in terests of the city. The ofllcers above re ferred to shall hold their office for a term of two years from the date of their ap pointment, and until their successors are apiK!nted and qualified. section 2. section wo. aa, or chapter u or tho General Statutes of 1.X97. and all acts and parts of acts In conflict herewith, are hereby repealed. Section 3. This act shall take effect and be In force from and after Its publication In the official State paper. I hereby certify that the above bill origi nated In the House, and passed that body February 26th, 1899. S. J. OSBORN, Speaker of the House. CHAS. E. LOBDELL, Chief Clerk of the House. Passed the Sonate March 2nd, 1899. II . E. R1CHTKR, President of the Snnats. J. W. MORPHY, Secretary of the Senate, Approved March 4th, 1899. V. E. STANLEY. Governor. STATE OF KANSAS. Ofllce of Secretary of State. I, Geo. A. Clark, Secretary of State of the State of Kansas, do hereby certify that tha above and foregoing Is a correct copy of thd original enrolled bill now on tile In my office. In testimony whereof, I have hereunto subscribed my name and affixed my official seal, this 6th day of March, is;i9. ISeal. GEO. A. CLARK, Secretary of State. By HILL P. WILSON, Assistant Secretary of State. (Published In the Advocato and News, offi cial State paper, March 8, 1899.) Senate Bill No. i. AN ACT relating to public buildings and Bites, and providing for the issuance of bonds therefor in cities of the first class having not less than thirty thousand In habitants nor more than 40,000. Be It enacted by the Legislature of the State, of Kansas: Section 1. The mayor and council of aiiy city of the first class, having a population of more than 30,000, and less than 40.000, are hereby authorized to Bell any real estate belonging to such city upon such terms and In such manner as Bhall bo deemed for the best Interest of said city. Section 2. The proceeds arising from such sale shall be applied only to the purchase of a site and the erection of a public build ing for said city. Section 3. The mayor and council of any city of the first class are hereby authorised to issue the bonds of such city in such an amount, of such character and denomina tions and bearing interest at such rate as they may determine for the purpose of purchasing a site or erecting a public build ing for such city, or both, provldod. tha whole indebtedness of said city shall not exceed ten per cent of assessed valuation of said city. Section 4. No real estate of the value of 2,000, or upwards Bhall be sold, nor bonds Issued under this act, until the proposition of making such sale or the Issuance of such bonds, or both, shall huve been authorized by a majority of the legal voters voting thereon at. a general election, or a spectai election called by the mayor and council for that purpose. Suction 5. The proposition for the sale of any real estate or the erection of any public building, or both, Bhall be included in the mayor's proclamation for the election, ut which election the form of tho bal lot shall be as provided by section 10 of chapter 129 of the Session Laws of Kansas, 1297. Section 6. AH electors qualified to vote for municipal officers, including both mala and female, are hereby deemed and de clared legal voters, and are hereby author ized and qualified to vote at any election held under the provisions of this act Section 7. This act shall only apply to cities of the first class having not less than thirty thousand inhabitants nor more than 40,000. Section 8. This act shall take effect and be In force from and after Its publication in the official State paper. 1 hereby certify that the above bill orig inated in the Senate, and passed that body January 27th, 1899. H. E. RICIITER, - President of the Senate. J. W. MORPHY, Secretary of the Senate. Passed the House February 23d, 1899. s. J. OSBORN, Speaker of the House. CHAS. E. LOBDELL, Chief Clerk of the House. Approved Wednesday, March 1st, 1899. W. E. STANLEY. Governor. STATE OF KANSAS. Office of Secretary of State. I, Geo.'A. Clark, Secretary of State of the State of Kansas, do hereby certify that tha above and foregoing la a correct copy of the original enrolled bill now on file In my office. In testimony whereof. I have hereunto subscribed my name and affixed my official seal, this 4th day of March, 1899. ISeaL . OKO. A. CLARK. - -' : Secretary of State. By HILL P. WILSON, . . Assistant Secretary of State. Sample copies will be cheerfully mailed to any address. - , i i ' Please' mention the Advocate and New when- witting to our advertisers.