Birmingham state herald., 1897-02-07
CRIMINAL COURT BILL
To Establish an Inferior Court of crimi- nal Jurisdiction For Birming-
 ham and Regulate Appeals.

Birming ham,.
 BILL
 TO Be Entitled an Act to Amend an Act Entitled an Act to Establish the h.
 ferior Court of Criminal Jurisdiction or
 the City of Birmingham, to Define It's
 Powers and to Provide for the Election
 of Judge and the Appointment of
 Clerk Thereof. Approved February 71th
 1885 and to Further Define the Juris-
 dictien of Said Court and Regulate the
 Practice Therein, and to Define ana
 Regulate Proceedings on Appeal From
 Said. Court to the Criminal Court Of
 Jefferson County.
 Section l. Be it enacted by the general assembly of Alabama, That section l Of an act to establish an inferior court Of criminal Jurisdiction in the city of Bir- mineham to define it's powers and provde for the election of judge, and appoint ment of a clerk thereof, approved Febru- ary 11th 1885, be amended so as to read as follows:
 assembly of Alabama, That there is here by established in the city of Birmingham an inferior court of criminal jurisdiction, a branch and subdivision of the criminal court of Jefferson county, to be known as the police court of Birmingham, which shall have exclusive Jurisdiction over all offenses against the bylaws and ordin- ances passed and ordained by the mayor and aldermen of Birmingham within the corporate limits of said city of Birming- ham. Ala, and said court shah have con, current Jurisdiction with the. criminal court of Jefferson county within the cor porate limits of said city of all misde- meanors committed within said corporate limits except violations Of the revenue laws of the state of which onenses IL shall not have Jurisdiction, and 1t shall have the power to examine all persons charged with felonies, but such Jurisdic, tion is limited to a preliminary trlal thereof and to commit the persons so charged to jail or to admit them to pail or discharge them as the law and eVl- dence in every case may demand. All prosecutions for misdemeanors and vio- latiens of city ordinances which saio court has Jurisdiction to hear and deter mine shall be barred unless commences committing of such offenses; provided, that Justices of the peace and officers with the nowefs of justices of the peace within said precincts 21 and S7 of said county or Jefferson shall not have hnal Jurlsolcilon to hear and determine any onense against the laws of the state or Ala bama.
 Sec 9 That the judge of the said court shall be elected by expiration Of the or fee of the present incumbent, and to hold office for the term of four years, and until his successor is elected and quail fled: that the judge of said court shall be learned in the law, and have resided in Jefferson county for year next before his election, and must reside therein while in said office. The said judge shall have the power to administer oaths and take afidavits in all cases in which aff1daVns are required by law, to take recongni, zance. admit to bail on bond, approve pail bonds in or out of court, do every act and issue every process mesne and final necessary to effect the due administration of the law in the cases of offenses juris- diction of, or power over which, IS con- ferred by this act; he may be impeached or removed from officd for the same causes and in the same manner as circuit judges are impeached and removed. He shall receive annually the sum or hfteen hundred dollars ($1 ,500), to be paid in monthly irstallments, out of the treasury of the mayor and aldermen of the city of Birmingham, and out of the fund hereinafter specified and provided. If the office of the judge of said court shall at any time become vacant by death. removal or resignation, the said board of mayor and aldermen shall appoint a suc- cessor for the unexpired term; and if the judge of said court should at any time be unable to discharge the duties or his office by reason of sickness, absence, dis ability or other cause, the mayor of said city of Birmingham shall appoint com petent and suitable person possessing like qualifica tions who during such sickness or other inability, shall perform all the duties ana nave all the powers thf< -- !, oo,,rt sbaIl have -4,.e power to render Eodgt sraa and final against all de- --fafufJing defendants, and the sureties on their bail bonds. to issue or cause to be issued writs of scire facias, fieri facias and other writs or processes of every kind whatsoever necessary or proper for the enforcement of judgments rendered by it, and to compel the attendance of witnesses: to render judgments nisi and final against absent witnesses for sums not excee ding $50, and to enforce the same by appropriate writs of processes; and to tax parties with the costs for frivolous or malicious prosecution. and in default of the payment to sentence to hard la bor. or to imprison in the city or county jail for ten hours. To punish for con- tempt by fine or by fine and imprison- ment. the fine not to exceed $50 and im- prisonment not to exceed five days, and collect and enforce the same by hard la bor. as provided by law for costs. or by imprisonment The ~resent judge of said court shall hold office until his term ex- pres. and until his successor is elected and qualified.
 as the said police court of the city of Birmingham, Ala, created and consti- tuted by the provisions of this act shall be and is hereby declared to be a branch and subdivision of the criminal court of Jefferson county, Alabama, and the clerk of said criminal court of Jefferson coun- ty. and the sheriff and solicitor of said Jefferson county shall attend all the sit- tings of said court either in person of by deputy or assistants and shall have all the powers and perform the same duties required of them and every one of them as such clerk, solicitor and sheriff in said criminal court of Jefferson county, Ala bama.
 Sec 4 That the clerk of said criminal court of Jefferson county shall. as clerk of said police court of Birmingham, Ala, give an additional bond in the sum of $2 900, payable to the mayor and alder men of the city of Birmingham. Ala, conditioned to faithfully perform all the duties required of him by law, and to fairly and truly account for and pay over to the person CT corporation entitled thereto, all money which may come into his possession by virtue of his office He shall pay over on the first Saturday of each month all fires, costs and forfeit ures adjudged against any person by said court and collected by him, and falling or refusing to pay over such sums which, in the judgment of the judge of the said police court should have been paid over,