The Montgomery advertiser., 1903-10-23
J. THOS. HEFLIN.
 Secretary of State.
AN ACT IS.

J. THoS. HEFLIN.
 Secretary of State. No. 20S.) AN ACT IS. s.s To repeal an Act entitled .'An Act to es-
 tablish a county court for the county
 of Clay" approved Dec. 13, 1898, and
 all subsequent and amendatory acts
 relating to said court, and to trans
 fer all the civil cases at law and the
 criminal eases therein pending, to-
 gether with all the dockets. papers and
 books relating to said cases in said
 County Court of Clay, to the Circuit
 Court of Clay County, Alabama, and
 to transfer all the cases now pending
 upon the equity docket of said court,
 together with all the dockets, papers
 and books of every kind whatsoeve., to
 the court of Chancery of the County
 of Clay.
 Section 1. Be it enacted by the Legisla- ture of Alabama, That an act entitled An Act to establish County Court for the County of Clay" approved Dec 13, 1898, be and the same is hereby repealed
 Sec. 2 That an act entitled An Act to abolish the County Court of Clay County organized under the General Statutes of Alabama and to confer the power and jurisdictions of said abolished court upon the County Court of Clay County, re- gently established by the Legislature for said County of Clay, and to provide for the transfer of all cases pending in said abolished court to the new court So estab- | lished,' approved Feb. 1, 1899, be and the same is hereby repealed.
 Sec 2. That an act entitled An Act to amend Sections Il and Is of an act en- titled an act to establish County Court for the County of Clay" approved Dec. l 1, 1898, and to add Section 8 1-2 thereto approved March 2, 1901, be and the same is hereby repealed.
 Sec. 4. That an act entitled An Act to l further regulate the practice and proce- i dure of the Circuit Court Of Clay Coun- ty. Alabama" approved Dec. 13, 1S9S be | and the same is hereby repealed.
 Sec. 5. That all actions and proceedings at law and all indictments and proceed ings in criminal cases pending in tke County Court of Clay be and the same are hereby transferred to the Circuit Court of Clay; and said Circuit Court of Clay County, Alabama, shall have take | and exercise as full and complete juris- dietion of all matters in civil cases at law. and criminal cases which have been brought in said County Court of Clay, and which may be in any way still pending and undetermined in said County Court of Clay, as if the said cases or matters had been brought or instituted in the said Circuit Court of Clay. And no causes, indictments or proceedings of any kind shall be discontinued by the aboli- tion of said County Court of Clay, and no rights of any sort are destroyed or taken away by the abolition of said Coun- ty Court of Clay, but the Circuit Court of Clay shall take jurisdiction of all mat ters at law and in criminal cases which have not been finally and fully disposed of by said County Court of Clay. and shall exercise jurisdiction and ad- minister justice in the same manner and to the same extent as if such matters or proceedings had been brought to, and were still pending in said Circuit Court. Sec. 6. That all process of any kind, in cases at law or criminal cases which has been issued from or made return [ able to said County Court of Clay. shall 1 be returned to, and shall be considered l and regarded returnable to the Circuit | Court of Clay County, in the same man. 1 ner and to the same extent as if the same had been issued from, and been made re- l turnahle to the Circuit Court of Clay | County. Alabama, and all recognizances taken by or made recognizable by the said County Court of Clay shall be taken and construed. and shall be enforced by the said Circuit Court of Clay. if | taken by said court. or as if they had | been made to said Circuit Court
 Sec. '. That all actions and proceedings l in equity, pending upon the equity docket | of said County Court of Clay be and the same are hereby transferred to the Court of Chancery for Clay County; and said Chancery Court for Clay County, Ala bama, shall have, take and exercise as full and | complete jurisdiction of all matters in | equity. which have been brought in said l Comfy (Onrt of Cl0V and which be. in any way, still depending and un- | determined in said County Court of Clay, | as if the said causes or matters had been brought or instituted in the said ] Chancery Court for the County of Clay. l And no cause or other proceedings in 1 equity of any kind shall be discontinued l by the abolition of said County Court of l Clay, and no rights of any kind are de- | stroyed or taken away in equity cases pending in said County Court of Clay by l the abolition of the same, but said Court l of Chancery for the County of Clay shall | take Jurisdiction of all matters in equity l which have not been fully and finally l disposed of by said County Court of Clay | and shall exercise jurisdiction and ad- minister justice In the same manner as administered by Courts of Chancery in this State, and to the same extent as if | such cases or other proceedings had been
  said Chancery Court for the County of | Clay.
 l Sec. 8. That all process of any kind 1 in equity cases, which has been issued | from or made returnable to the County l Court of Clay. shall be returnable to, and | shall be considered and regarded as re- 1 turnable to the Chancery Court of Clay | County. Alabama. and shall be construed | and enforced by said Chancery Court for | the County of Clay as if issued from said court in first instance.
 Sec. 9. That all proceedings for man damus. habeas corpus, prohibition, or other remedial writ, that may be pend- ing before the Judge of the County Court of Clay shall be and the same are hereby transferred to the Judge of the Circuit Court of Clay County; and all such proceedings shall be continued before the judge of the Circuit Court of the County of Clay in the same manner and with the same force and ef- feet as If they had been originally begun before the said judge.
 l Sec. 10. That all judgments that have been rendered by the County Court ot | Clay in any action or any proceeding at law, or in any criminal case, shall be en- I forced in the same manner and with the ! same force and effect as if the said judg. ment had been originally rendered in the i Circuit Court of the County of Clay: ana that all process for the enforcement of l said judgment shall be issued by the clerk of the Circuit Court of the County of Clay, and be returned in the same man ner as is now prescribed by law for the Circuit Court
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