The Montgomery advertiser., 1903-10-23

turnabie as herein before provided, pro- vided that nothing herein contained shall prevent any person from Naving execu- ton issued within ten days, upon mak- ing affidavit as now provided by law in relation to the issue of exc. ton upon judgments in the circuit courts. and pro- vided further that nothing herein con- tained shall prevent the superseding of executions after the Issue thereof. upon filing bond as now required by law.
 Sec. 1s That final judgments and de- crees rendo red in said court shall, after the expiration of thirty days from their rendition, be taken and deemed as com pletely beyond the control of the court. as if the term of said court at which said judgments and decrees are rendered had ended at the end of said thirty days;
 provided however that nothing herein contained shall prevent parties from ap- plying for new trials or rehearings with in said thirty days. or destroy or change the effect of motions for new trials or rehearings when so made, or shall pre- vent parties from applying to said court for rehearing under the statute au- thorizing applications for rehearings in the circuit court, or shall prevent the court from retrying any cause under section 33H of the Code of Alabama, or shall prevent the court from the exer- else of any power or Jurisdiction con- ferred upon the circuit court touching final judgments or the chancery court touching final decrees.
 Sec. 19 That every person charged either by complaint or indictment with the commission of a crime of which this court has Jurisdiction, shall be entitled to trial by jury, provided that in cases of misdemeanor such person make a written demand therefor to the clerk of said criminal division within ten days after he is arrested or taken into GUS tody, or after the court herein estab- lished assumes Jurisdiction of said case, and one or more of the judges of said court shall try both the law anI the facts in all cases of misdemeanor. ex- cept when trial by jury is demanded in writing as herein provided for. That 1t shall be the duty of the clerk of said criminal division upon each conviction in all cases of trial by jury. whether mis- demeanors or felonies, to tax the defend ant as costs. the sum of six dollars, and upon each conviction in all misdemeanors tried without jury to tax the defendant as cost. the sum of four dollars. which said sums when collectd, shall be paid into the county treasury, to be held and paid out by the County Treasurer as, other funds are held and paid out by him.
 Sec. % That the Circuit Court of Jefferson County shall have and exer- else jurisdiction concurrently with other courts now having the same, of all pros- cautions for misdemeanors committed in said county. which may be instituted or commenced in said county, by complaint, warrant of arrest. or by atflaavit and warrant of arrest issued by any justice of the peace, notary public, ex-officio justice of the peace or judge of any court exercising the power of justice of the peace in said county, or which may be brought to said court by appeal from a court of inferior Jurisdiction; and pros- cautions for misdemeanors may be com menced by any person complaining under the terms now prescribed by law for the commencement of prosecutions in the county court. and it shall be no objec- ton to the complaint or warrant of ar rest, when issued by justice of the peace. or other person exercising the power of justice of the peace. that they are irregular; provided that the same contains statement of a criminal of- fense as known in common parlance.
 Sec. 21. That the grand and petit juries for the criminal division of said circuit court of Jefferson county shall be drawn. summoned and empanelled for the terms of said court, if in the opinion of the Senior Judge of said court, with the ad- vice of the Associate Judges, 1t is neces- sary to dispose of the business thereof in the same manner as now provided for by law for the drawing, summoning and empanelling grand and petit juries for the criminal court of Jefferson county, and any judge of said court shall have the same powers as the circuit courts to issue special venires and to order sum moned tales jurors. provided that the Senior Judge of said court, with the ad- vice of the Associate Judges, shall have the power to direct for what weeks of the term. jurors may be drawn; and pro- vided further that they shall .empanel at least three grand juries a year. at such time as they may think best and the public interest demand, and provided fur ther that all laws now in force as to drawing, summoning and empanelling of juries in Jefferson county for the trial of criminal cases shall in no wise be affect ed by the provisions of this Act, but shall retain in full force and effect.
 Sec. %. That immediately upon the consolidation above provided for all the causes pending in the City Court of Bir- mingham, the Circuit Court of Jefferson County, the Criminal Court of Jefferson County and the Chancery Court of Jeff ferson County shall be and be deemed and held as pending in Circuit Court of
 
 tive positions on the docket as nearly as possible. The clerk and register of the City Court of Birmingham, the clerk of the Criminal Court of Jefferson County, the clerk of the Circuit Court of Jeffer- son County, and the register of the Chancery Court of Jefferson County, shall with all convenient speed. deliver all the papers and records pertaining to said causes and courts to the clerk of the di- ,,tutA nfu uoNA trf fYa unyht sufA or records properly belong. provided that all causes of law shall, upon the consoli- dation, pend in the law division, and all causes in equity shall p-nd in the equity division, and all criminal cases shall pend in the criminal division of said court; and provided further that in case any cause is filed or docketed at any time in the wrong division of said court, 1t shall be the duty of any judge of said court. upon his attention being called to the fact to forthwith order such cause transferred to and docketed in the proper division of said court That the venire in any cause in said circut court may be changed to other counties than Jeffer- son ..nder the same rules and regulations as govern changes of venire in the circuit courts of this State.
 Sec. g. That all petit jurors in said court shall be subject and liable to jury duty, during the time for which they are empanelled, in any division of said court, and all such petit jurors shall be subject to the orders of any judge of said court when not actually engaged in the trial of a case.
 Sec. 24. That all witnesses in attend ance upon said court must prove their attendance in the division in which they attend within five days after the termi- nation of the trial of the cause in which thew p,era suhnosnaed or called to tes-