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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Courts
Chapter Four. Chief of the Tribal Police--Process

 

Section 401. Style of Process

The style of all process shall be “The Absentee Shawnee Tribe of Oklahoma to:” and all process shall be under the seal of the Court Clerk and shall be signed by the Court Clerk, and dated the day it is issued.

Absentee Shawnee Courts Code Section 401, AST COURTS Code Section 401



Section 402. Appointment of Substitute for Tribal Police Chief

The Court or a Judge thereof, or any Clerk in the absence of the Judge and upon his oral or written order, for good cause, may appoint a person to serve a particular process or order, who shall have the same power to execute it which the Chief of the Tribal Police has. The person may be appointed on the application of the party obtaining the process or order, and the return must be verified by affidavit. He shall be entitled to the same fees allowed to the Chief of the Tribal Police for similar services.

Absentee Shawnee Courts Code Section 402, AST COURTS Code Section 402



Section 403. Tribal Police Chief to Endorse Time of Receipt on Process

The Chief of the Tribal Police shall endorse upon every summons, order of arrest, or for the delivery of property or of attachment or injunction, the day and hour it was received by him.

Absentee Shawnee Courts Code Section 403, AST COURTS Code Section 403



Section 404. Tribal Police Chief to Execute and Return Process

The Chief of the Tribal Police shall execute every summons, order or other process, and return the same as required by law, and if he fail to do so, unless he make it appear to the satisfaction of the Court that he was prevented by inevitable accident from so doing, he shall be amerced by the Court in a sum not exceeding five hundred dollars ($500.00) upon motion and ten (10) days notice, and shall be liable to the action of any person aggrieved by such failure. Provided that whenever any party, his agent or attorney shall make and file with the Clerk of the Court an affidavit, stating that the believes that the Chief of the Tribal Police will not, by reason of either partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit commenced in Court, the Clerk shall direct the original, or other process, in such suit to the Governor of the Tribe or his designate other than the Chief of the Tribal Police who shall execute the same in like manner as the Chief of the Tribal Police might or ought to have done, and who shall be subject to the same penalties as the Chief of the Tribal Police if he fail to do so, unless he make it appear that he was prevented by inevitable accident from so doing, and the Governor or his designate other than the Chief of the Tribal Police shall perform all of the other duties of the Chief of the Tribal Police when the Tribal Police Chief shall be a party to the case, or is disqualified.

Absentee Shawnee Courts Code Section 404, AST COURTS Code Section 404



Section 405. When Bailiff or Tribal Police Chief May Adjourn Court

If the Judge fails to attend at the time and place appointed for holding his. Court, the Chief of the Tribal Police, or other person appointed by the Court as bailiff, or in the absence of either the Court Clerk, shall have power to adjourn the Court, from day to day, until the regular or assigned Judge attend or a Special Judge, or Judge pro tempore, be selected.

Absentee Shawnee Courts Code Section 405, AST COURTS Code Section 405



Section 406. Other Duties of Tribal Police Chief--Disposition of Fees

The Chief of the Tribal Police shall exercise the powers and duties conferred and imposed upon him by the Tribal code, court rule, and the common law. The Police Chief's fees allowed by the Court for the service of process and mileage shall be paid into the general miscellaneous account of the Tribal Police Department and may be transferred to another line item upon order of the Chief of the Tribal Police or used for any allowable expense or cost of the Tribal Police Department other than the payment of salaries.

Absentee Shawnee Courts Code Section 406, AST COURTS Code Section 406

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