and with city mayors in all matters criminal and civil of which justices of the peace or mayors have or may hereafter have jurisdiction. And shall, also, have original concurrent jurisdiction with the Circuit Court in civil causes where the amount in controversy does not exceed five hundred dollars, except in actions of slander, libel, foreclosure of mortgages on real estate or where the title of real estate is in issue, excepting all matters relating to the settlement of decedents' estates, appointment of guardians and all matters connected therewith. Such court shall be governed, so far as may be, by the laws, rules, practice and pleadings governing proceedings in the Circuit Courts of the state, except as in this act is otherwise provided. [As amended, 1891 S., p. 24. In force February 20, 1891. 3207. Jurisdiction of the person. 5. All civil causes triable in the City Courts shall stand for issue and trial when summons shall have been served on the defendant three days or publication had thirty days. But the defendant may appear without process and confess a judgment for any sum not exceeding one thousand dollars. [As amended, 1891 S., p. 24. In force February 20, 1891. 3208. Seal. 6. Such judge shall provide a seal for such court, which shall contain on the face, the words "City Court of Indiana" (filling the blank with the name of the city and county). A description of such seal, together with an impression thereof, shall be spread on the records of said court. 3209. Courts of record Lien of judgment. 7. City Courts shall be courts of record whose jurisdiction in criminal cases shall extend throughout the limits of the county wherein they are situated, and in civil cases throughout the limits of the township or townships wherein such city is situated. And, all its judgments, decrees, orders and proceedings shall have the same force and effect as those of the Circuit Court, except that the same shall not be a lien on real estate otherwise than is provided by taking transcript, and the same shall be enforced in the same manner as liens by transcript from justices of the peace in similar cases. [As amended, 1891 S., p. 24. In force February 20, 1891. 3210. Process and service. 8. The process of said Court shall be issued by the Judge, and shall have the seal affixed and be attested, directed to the Sheriff or any Constable, or to the Marshal of such city, served and returned, and be in form as is or may be provided for process issuing from the Circuit Court. 3211. Rules-Powers of Judge. 9. Such Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of said Court not repugnant to the laws of this State; and shall have all the powers incident to a Court of record in relation to attendance of witnesses, the punishment of contempts, and enforcing its orders, and to issue commissions for taking of depositions in cases pending in said Court. Such Judge shall have full authority to administer oaths, to take and certify acknowledgments of deeds and other instruments, to solemnize mar riage, and to give all necessary certificates for the authentication of the rec ords and proceedings in said Court. 3212. Sittings of Court-Records-Transcript. 10. Such Court shall be held in such city, at such place as shall be provided therefor; and shall, at all usual business hours, be deemed open for the transaction of any business that may be [brought] before it. Such Judge shall be his own Clerk, issue all process, and shall keep a true and correct record of all proceedings had before him. The Common Council of such city shall provide, for the use of said Court, well-bound order-books, judgment-dockets, and fee-books, in which said Judge shall record all orders, judgments, and de-crees, and sign the same, and enter a minute of all judgments and decrees in the judgment-docket, and shall keep a true record of all fees in the proper fee-book in the same manner as such records are kept by Clerks of the Circuit Courts. Such judgments may only become a lien upon real estate, by filing in the office of the Clerk of the Circuit Court a transcript of such judg ment; and upon the recording of such transcript in the order-book of said Circuit Court, such judgment shall become a lien, the same as judgments rendered by such Circuit Court; and execution may issue on such record of such transcript, in the same manner and for the same reasons as executions are issued on transcripts from the dockets of the Justices of the Peace; and no real estate, or any interest therein, shall be sold on any writ issued from said City Court. 3213. Change of venue. 11. No change of venue shall be granted from said court either in criminal or civil cases: Provided, however, That in criminal cases the defendant, and in civil cases either the plaintiff or defendant, may have a change of venue from the Judge for the same reasons and in the same manner as is now provided by law, for the change of venue from a Justice of the Peace: And provided, further, That if a change of venue shall be taken from the Judge in any case, criminal or civil, as provided in this act, then the Judge from whom such venue is taken shall appoint a reputable, resident, practicing attorney to try said cause. who shall take and subscribe an oath to faithfully discharge the duties of Judge in said cause, and said Judge appointed shall be entitled to fees allowed by law and provided in such court. [As amended 1901 S., p. 410. Approved March 11, 1901. 3214. Trial. 12. All issues of fact pending in such City Court shall be tried by the Judge, unless either party demand a jury; which jury shall consist of six qualified voters of the county (unless the party calling for the jury demand twelve jurors), to be summoned by any Constable, Sheriff, or City Marshall, by venire issued by the Judge. 3215. New trials. 13. New trials may be granted by such Judge at any time within ten days after rendering judgment, according to the usages in the Circuit Court, notice of the motion therefor having been given to the opposite party, unless such motion be made in his presence or in the presence of the agent or attorney who conducted his suit; and when a new trial is granted, the Judge shall set a day therefor, and shall cause at least three days' notice to be given to the party against whom such new trial has been granted. 3216. Appeals. 14. Any party may appeal from any final judgment or decree of such City Court to the Circuit Court of such county, within thirty days from the rendition thereof, in the same manner in which appeals are taken from the judgments of Justices of the Peace; and such appeal shall be deemed to be properly taken if the same would be good if taken from a Justice of the Peace: Provided, however, That when a party shall have acquired any lien by virtue of any transcript filed and recorded, as herein provided, from which an appeal is taken, such lien shall be deemed as continued in force until such cause shall be tried and entered of record in the Circuit Court. 3217. Execution. 15. Such Judge shall issue executions and orderg of sale on all final judgments and decrees as follows: On judgments and decrees by confession within four days from the rendition thereof; on all other judgments and decrees, at the expiration of ten days from the rendition thereof, unless the same be stayed as provided by law; and in such cases he shall issue such executions or orders of sale at the expiration of such stay, unless the judgment-plaintiff or his attorney shall otherwise direct. All orders of sale and all executions, when the amount exceeds three hundred dollars, shall be directed to the Sheriff of the county; and all other executions may be directed to any Constable of the county or Marshal of such city. 3218. Marshal's and Constable's duties - Fees. 16. Such Judge may require the Marshal of such city or his deputy or any Constable to attend his Court during the progress of any trial, to preserve order, to serve process, and to perform the general duties of bailiff to his Court. In all cases of which Justices of the Peace would have jurisdiction, such Marshal or Constable shall be allowed such fees as are allowed by law in such cases in Justices' Courts; in all other cases, they shall receive such fees as are allowed by law to the Sheriff for like services in the Circuit Court, to be collected as other costs of suit. 3219. Judge's fees. 17. In all cases of which Justices would have jurisdiction such Judge shall be entitled to, and receive the same fees as are allowed by law to Justices of the Peace; in all other cases he shall be allowed one dollar for trial, and a docket-fee of one dollar and fifty cents in each case, and also such fees as are allowed to the Clerks of the Circuit Court for like services; and in cases of jury trials, he shall receive two dollars; and if such trials shall last more than one day, he shall have two dollars per day during the continuance of such trial, after the first day, to be collected as other costs of suit in the Courts of this State; and for any other official services such Judge may perform, he shall receive such compensation as is usually allowed by law in such cases. 3220. Judge pro tempore. 18. If such Judge shall desire to be absent from such city for more than twenty days, he may appoint any attorneyat-law of said county as a Judge pro tempore; which appointment shall be in writing, and spread on the records of said Court. Such Judge pro tempore having first taken the proper oath, and said oath being properly recorded, may, during the absence of said Judge, perform all the duties of such Judge, and be entitled to the fees that the Judge would be entitled to. Such Judge shall be responsible, on his bond for all the acts of such Judge pro tempore: Provided, That such appointment shall be valid for sixty days only and no longer. 3221. Judge may practice law. 19. There being no stated salary provided for such Judge, he may be permitted to practice law in such cases as can not come before him. [1901 S., p. 320. Approved March 9, 1901.] 3221a. Penalty City Judge may assess. 1. That in the trial of any person in any City Court of this State having a City Judge, for the violation of any law of this State or ordinance of such city, the court or jury shall have power to assess a fine of any sum not exceeding five hundred dollars, or adjudge imprisonment as a part of the sentence for any time not exceeding six months in the county jail, workhouse or any lawful designated place of confinement, either or both. 3204. Election of judge. Resolution of common council, which directs the election of a city judge brings the city under this statute (sects. 3204-21) The judge so elected holds office until his successor is elected and qualified and no further order of council is required directing future elections.-Oppenheim v. P. etc. R'y Co., 85-473. 3210. Process and service. When a city court erroneously determines notice to a party to be insufficient, that determination can not be impeached collaterally. -Oppenheim v. P. etc. R'y Co., 85-476. 3212. Sittings of court etc. Common council of a city can not make a valid contract with the city judge for the use of his office as a city court room,— M'Gregor v. City Logansport, 79-167. 2. It is not necessary for the justice to copy on the record the summons. The same rule must apply to notice of publication, or other process issued against defendant.-Oppenheim v. P. etc. R'y Co., 85-476. 3215. New trials. The proper time for filing a motion for new trial, under this section, may be waived.-Hill v. Hazen, 93-112; Wilson v. Vance, 55-394; Northcutt v. Buckles, 60-577. 3216. Appeals. On appeal, from a city court, in a case in which jurisdiction greater than that of a justice is given the party recovering is entitled to recover costs.- Dotson v. Bailey, 76-440. 3222. Qualifications for office. 3223. Qualifications of voters. 3224. Elections. 3225. Prisons. 3225a. Cleaning streets and alleys. 3225e. Clerk may administer oath. 3225g. Act restricted. [1 R. S. 1852, p. 373. 3222. Qualifications for office. be necessary to render any citizen eligible tion in the State. SEC. 3226. Removal of garbage, etc. 3230. Issuance of funding bonds. 3231. Sinking fund and Interest. 3231b. Interest and sinking fund levy. 3231d. Taxes to pay interest and principal. 5232. Notices. In force June 10, 1852.] 1. No property qualifications shall to hold any office of any municipal incorpora 3223. Qualifications of voters. 2. In all municipal elections under town or city charters in this State. no other qualifications shall hereafter be required of any voter than such as are made necessary under the Constitution of the State, except that the voter shall reside in the ward or district where he may offer to vote. [1881 S., p. 482. In force September 19, 1881.] 3224. Elections. 60. In city and town elections, each ward in which the number of voters does not exceed three hundred and fifty shall constitute a precinct: Provided, That the Common Council of any city or the Trustees of any town shall make such changes in places of holding elections, or divisions in precincts, in their respective cities and towns, as will limit the number of voters in each precinct to three hundred and fifty as near as may be: Provided, That no such changes or divisions shall be made without due notice, at least one month before any election, either by publication in the newspaper having the largest circulation in the county in which such city or town is situated, or by posters put up in four of the most public places in such precinct. Such Council or Trustees shall appoint three qualified voters in each precinct, one to act as inspector and two as judges of elections, who shall have been freeholders and resident householders in such precinct for at least one year next preceding any election at which they may officiate; such inspectors and judges to be appointed according to such regulations as are hereinafter specified. Such inspector and judges, when so appointed, shall constitute a board of election; which board of election, sha'l have all the powers and shall perform ali the duties of boards of election, as hereinbefore specified. [See $$ 4695 to 4720.] [1861 S., p. 21. In force September 7, 1861.] 3225. Prisons. 1. Any incorporated town or city shall have power to erect a prison within the limits of such town or city; and it shall be lawful to imprison therein persons convicted of offenses against the laws of such incorporation, or for offenses against the penal laws of this State, and also, persons charged with offenses punishable by indictment or presentment, temporarily, until they can be conveniently removed to the county jail. So far as the same shall be applicable, the law governing county jails shall be the law of such town or city prison; and in all cases where the county jails are convenient, they may be used for town purposes until a town or city prison shall be erected. [1899 S., p. 52. Approved February 17, 1899.] 3225a. Cleaning streets and alleys. 1. That all incorporated cities and towns in this State are hereby authorized and empowered to provide by ordinance for keeping streets, alieys and public grounds therein in a clean and sanitary condition, and provide for the payment of the costs thereof either out of the general funds of the town or by taxing the same against the property holders abutting upon the streets and alleys, and for collecting the same from such abutting property owners by placing said costs and expenses upon tax duplicates, and to be paid as taxes are paid. [1899 S., p. 80. Approved February 22, 1899.] 3225b. Allowances, how made. 1. That it shall be unlawful for the Board of Trustees of any incorporated town, or the Common Council of any incorporated city in the State, or any member thereof, to make any allowance or to al low any claim against said town or city, or to order the issue of any town or city war rant or order for the payment of money, except at a regular or special session of said Board of Trustees or Common Council, and it shall be unlawful for any Clerk of any city or town to draw or issue any town or city order or warrant to any person, except that the same has been ordered and allowed as in this act provided. 3225c. Claims itemized and verified. 2. No claim shall be allowed by said Board of Trustees of an incorporated town, or Common Council of an incorporated city, unless such claim, setting forth the particular items and amounts claimed, and duly verified by claimant or by some person having knowledge of the facts on his behalf, shall have been filed in the office of the Clerk of said town or city, by said Clerk placed on the claim docket more than five days before the holdings of such session of the Board of Trustees or Common Council. 3225d. Claim docket. 3. The Clerk of said town or city, shall at the expense of said town or city, procure a suitable book to be used as a claim docket. He shall when a claim is filed as herein provided enter the same on said docket, stating the name of the claimant, the amount claimed, and in general terms for what claimed and the date of the filing thereof. And when a claim is acted upon, said Clerk shall briefly upon said docket state the action of the Board of Trustees, or City Council. Said docket shall at all times be open to the inspection of any and all citizens. 3225e. Clerk may administer oaths. 4. The Clerks of incorporated cities and towns are hereby authorized to administer all oaths and affirmations by this act required, for which they shall charge no fee. 3225f. Penalty. 5. Any Clerk of an incorporated town, or Clerk of an incorporated city, or any member of a Board of Trustees of an incorporated town, or any member of a City Council, who shall violate any of the provisions of this act, shall, upon conviction thereof, be fined not less than fifty dollars for such offense. 3225g. Act restricted. 6. The provisions of this act shall not ap ply to cities having a population of 35,000 or more according to the census of 1890. [1875 p. 28. In force March 9, 1875.] 3226. Removal of garbage, etc. 1. The Common Councils of the cities and the Trustees of the incorporated towns of this State are empowered and authorized to pass by-laws to secure the removal of slops, garbage, the carcass of dead animals, and other waste material from their corporate limits. and to appoint and contract for such removal, and provide that the persons appointed, or contracted with. shall have the exclusive right to remove the same, and to provide such penalties for the violation of by-laws, In accordance with the general laws for the incorporation of cities and towns, now in force, or which may hereafter be adopted. [1861 S., p. 20. In force May 10, 1861.] 3227. Security for arms. 1. Whenever the Mayor and Common Council of any incorporated city or the Trustees of any town in the State of Indiana shall obtain from the State authorities arms of any kind, to be used by the military organizations of such cities or towns; or whenever any volunteer military organization shall obtain arms from the State,-it shall be lawful for the Mayor and Common Council of such city or the Trustees of such town to cause to be executed and delivered to the Governor of the State of Indiana a bond, conditioned, according to law for the safety and delivery of such arms in the manner as now by law provided; and said bond shall have the same force and effect as a bond with personal security is now held. 3228. Distribution of arms. 2. The Governor may, in his discre tion, distribute public arms, as herein provided, to any incorporated town or city, notwithstanding any other law in conflict herewith. [1865 S., p. 104. In force December 20, 1865.] 3229. Planting shade-trees. 1. The incorporated cities and incorporated towns of this State are hereby invested with full power to compel the owners of lots and parts of lots bordering on any street. alley, public square, or common of said cities and towns, to plant and maintain shadetrees along said streets, alleys, public square, or common, under the same regulations and in the same manner in which the grading and paving of streets and sidewalks are now enforced. When such owners shall petition the Common Council for the planting and maintaining of any particular kind of tree, said Council shall, in making their order for the same, designate the kind of tree named in said petition; but when the kind of tree shall not be designated in said petition, or where shade-trees are required to be planted and maintained on order of the Council without petition, then the Council, in making the proper order, shall designate therein the kind of tree to be planted and maintained. The Common Council are hereby invested with full power to pass by-laws and ordinances for the protection and preservation of trees established in pursuance of this Act, |