Birmingham state herald., 1897-02-07

ties on his said bond. The bond or the clerk shall be executed by two good and sufficient sureties, or by any guarantee or indemnity company authorized by law to make official bonds in this state The said clerk shall in said police court per form all the duties required Of nm as clerk of said criminal court Of Jenerson county, and receive the same fees there- for.
 Sec. 5. That whenever any person Is arrested, charged with any violation of the ordinances and bylaws passed and ordained by the mayor and aldermen or Birmingham, he shall be tried by sucn court and whenever a. person is arrested, charged with a violation of any of the laws of the state. of which said court has Jurisdiction, he may at the time of his arrest, or when he gives bond for his ap- pearance, demand a trial by jury; and unless he makes such demand at the time above prescribed, he shall be held to have. waived his trial by jury, and he shall be tried in the police court by the judge thereof In case any person ar rested for the violation of any state law demands a. trial by jury as herein provid- ed, the police court, if in session or the
 judge of or the clerk thereof, if the court
 be not in session. shall require said per
 son to give bond for his appearance at
 the present term, or if it is in vacation,
 at the next termI of the criminal court
 of Jefferson county. and from term to
 
 and the clerk of said court shall send the
 affidavit, warrant, bond, and all other
 original papers connected with the case
 to the said criminal court, and endorse
 the amount of the bond affixed by the
 judge or clerk on such papers, and the
 sheriff shall take such bond and the de-
 fendant shall be tried by a jury in said
 criminal court as though prosecution
 had been commenced in said criminal
 court; and upon demand for a trial by
 .1-A 1.A mol
 given as required by law, the defendant
 shall be committed to the county jail un-
 til tried by said criminal court of Jef- ferson county, and in such cases the fines or the proceeds of the hard labor in such case shall enure to the benefit of the fine and forfeiture fund of Jef- ferson county. Said original affidavit may be amended in said criminal court of Jefferson county.
 Sec. 6. Be it further enacted, That sec
 tion of said act be amended so as to
 read as follows:
 acquittal by the said court of any offense which said court has Jurisdiction to hear
 and determine, shall be bar to the sub
 sequent- prosecution of such person for the same offense, whether the offense be designated in the proceedings as a viola tion of any city ordinance of said city or of any law of the state, except when the violation of such city ordinance or state law is a felony.
 Sec '. Be it further enacted, That sec | tion of said act be amended so as to read as follows:
 That any person, upon conviction by l said police court, may at any time within | five days thereafter, appeal to the criminal court of Jefferson county upon giving bond with good suretiet in such sum as may be prescribed by the said police court or the judge thereof for his appearance in the said criminal court Of Jefferson county, conditioned that he
 will appear In said criminal court and
 abide the judgment thereby rendered;
 which bond may be approved and taken
 either by the judge or the sheriff of said
 county of Jefferson, and on default Tn
 making such bond, shall be committed
 to the county jail to await such trial
 by said criminal court of Jefferson couh-
 ty; and thereupon the clerk of the said
 police court shall transmit to the said criminal court all the original papers in said cause, including such bond and a | transcript of the docket entries in said | cause; upon such appeal the defendant | shall be tried de novo in said criminal | court without jury, unless at the time of making said bond he demand in writ
 ing a trial by jury. and the said criminal | court shall have the same power to try l and dispose of said cause as if said prose- | cution had originated in said criminal i court If the defendant should fail to | appear in said criminal court when the l case is called for trial, the court shall. un- 1 less good cause be shown to the contrary, enter judgment affirming the judgment | of the said police court and against the defendant and his sureties for the amount ! of the fine imposed by the police eos.l !, ] with the costs of that court ana ol .lie criminal court of Jefferson county; But l such judgment shall not exceed the l amo,,nt ef tne bond; and if. in the judg- ,-sent of the criminal court it is necessary 1 to the administration of justice, said 1 court may order capias to be issued for l snch defaulting defendant and may. in addition tosuch Judgment herein provided. | upon the return of such capias executed | and the defendant brought into said | court try said defendant and if said de- l fendant is found guilty, said court may | sentence said defendant to Imprisonment or hard labor as by law provided. All ! fines and costs other than those of said | criminal court that may be collected in appeal cases shall be paid to the treas l urer of said city, such criminal court of | Jefferson county shall have power to is- | sue or cause to be issued writs of fieri l facias and other appropriate writs or l process for the collection of the judg- ment rendered by it under this section. 1 In caseof appeals from the criminal court l of Jefferson county in such cases to the | supreme court, a bond shall be given by | the defendant in such sum as the judge of the criminal court may prescribe, with | such conditions as such judge may pre- scribe, and the same shall be made paya- | ble to the state of Alabama for the use of 1 the mayor and aldermen of the city of l Birmingham and Jefferson county. and | if judgment is confessed in said criminal | court by any defendant. it shall be made | payable t6 the state of Alabama for the | use of the mayor and aldermen of Bir- | mingham and Jefferson county.
 I Sec S. Be 1t further enacted, That sec l ton of said act be amended so as to 1 read as follows.
 | That any defendant convicted by the | said police court may confess Judgment l with good and sufficient sureties for the 1 fine and costs imposed upon him, to be i paid at such time as the court may pre-, l scribe in said judgment; and the said | court shall have full power and authority to collect such judgment. as we'll as any other judgment lawfully rendered by 1t by fieri facias or other appropriate writs or process and it shall be the duty of the, clerk of said court upon default be- ing made in the payment of such judg- ment to issue fieri facias. or other appro- priate writs or process for its collection, and thegsheriff of said county of Jeffer- eop cha n have authority to execute such