Section 35.
All demands and accounts against the city shall be presented to the recorder, with the necessary
evidence in support thereof, and he shall audit the same and report them to the council with all
convenient speed, together with any suggestions or explanations which he may deem proper and
pertinent; and when the council shall order any demand or account to be paid, the recorder must
draw a warrant upon the treasurer for the amount ordered to be paid, which warrant must be drawn
on the general or special fund applicable to the payment thereof, and must be signed by the mayor
and attested by the recorder. No warrants shall draw interest until being presented to the
treasurer and indorsed "not paid for want of funds," and interest shall cease after publication
of notice that funds have been provided. The recorder must issue all licenses authorized by
ordinance, upon the delivery to him of the money or a receipt of the treasurer for the amount
of money required for such license, and the filing with him of an approved bond when a bond shall
be required by ordinance. The recorder and municipal judge are authorized to administer any
oath, take any deposition, or any acknowledgment to any instrument authorized or required to be
taken by any law of this state, or by city ordinance. The recorder and municipal judge shall
perform all the duties required of them by this act and by the ordinances of the city. The
municipal judge is the judicial officer of the city, and shall hold a court therein at such
place as the council shall provide, which shall be known as the municipal court; and he has
jurisdiction of all misdemeanors defined and made punishable by ordinance, and of all actions
brought to enforce payment on any bond running if favor of the city, or to recover or to enforce
any forfeiture or penalty declared or given by any such ordinance, when the amount thereof,
exclusive of interest and cost shall not exceed $500, and he shall have full power to enforce
any such judgment he may render, and to issue a transcript thereof to the Circuit Court for the
State of Oregon in the County of Polk. Whereupon such judgment shall be entered by the clerk of
said Court in the lien docket thereof, and said judgment shall henceforth be of the same force
and effect, and may be enforced in the same manner as judgments of the said Circuit Court.
Section 36.
The municipal judge shall, in addition to the qualifications required of him by the city council,
qualify before the county clerk of Polk County in like manner as a justice of the peace, and
thereupon, during the term of his office, shall have the jurisdiction and athority of a justice
of the peace and committing magistrate for Polk County to act within the limits of Falls City,
and within such limits shall exercise all of the powers and perform all the duties of such office
as are prescribed in the general laws of the State of Oregon, and shall be subject to such general
laws in the mode of performing them; and all judgments of said police court, when sitting as a
justice of the peace, shall be of the same force and effect, and subject to the same proceedings,
as judgment of justices' court.
Section 37.
All civil and criminal proceedings before the municipal judge, whether sitting as a municipal
judge or justice of the peace, including all proceedings for the violation of a city ordinance,
are governed and regulated by the general laws of the state applicable to the justices of the
peace or justices' courts in like our similar cases; but in a proceeding for the violation of a
city ordinance, the trial shall be withour jury, unless the defendant, on demanding a jury, shall
pay into court a sufficient sum to pay the expenses of such jury.
Section 38.
All persons shall be required to attend the police court on being duly subpoenaed, and for refusal
or upon neglect to attend, may be punished for contempt, under like proceedings and to the same
extent as in a justice's court; and no witness summond within the city to attend on any trial
before the municipal court for the violation of any city ordinance shall be entitled to any
witness fees or compensation.
Section 39.
All fines imposed by said municipal judge, and penalties recovered before him for a violation of
a city ordinance, or the enforcement of any bond running in the name of the city, shall, when
received or collected, be paid by the municipal judge to the city treasurer, who shall give
duplicate receipts therefor one of which shall be filed in the office of the recorder. All fines
and penalties recovered for the violation of a state law shall be disposed of by the municipal
judge as provided by the general laws of the State of Oregon.
Section 40.
The municipal judge shall make out and submit to the council, quarterly, a statement of the
business transacted before him whether sitting as judge of the municipal court or as justice of
the peace, and the amounts of money received by him on account thereof, and the disposition made
of the same; which quarterly reports shall end as of the last day of January, April, July, and
October of each month.