The Montgomery advertiser., 1903-10-23

jurors are to serve, and in the same manner as they are issued in and for the Circuit Court; and said court or any judge thereof shall have the same power as the circuit court to issue special vcn- fires and to summon, swear and empanel tales jurors.
 Sec. {, That all the duties, powers and authority now devolving upon and ex- ercised by the judges of the criminal court of Jefferson county are hereby con- ferred upon the judges of the said cir cult court of Jefferson county and the same shall be disch lrged and exercised by any of said judges, jointly or sepa- rately. That said circuit court of Jeffer- son county shall have and exercise all the criminal jurisdiction of all offenses against the State. committed or arising anywhere in Jefferson county, concur rently with other courts now having such Jurisdiction and shall have and ex- ercise all the criminal Jurisdiction and power which are now or may hereafter be conferred on the several circuit courts of this State and to make all orders on forfeiture of bail bonds and defaulting witnesses and jurors, and to render all judgments on the same and enforce col lection in the same manner and to the same extent as circuit courts now have power and authority to do.
 Sec. 5. There shall be elected by the voters of said county three clerks of said court as follows. one clerk for the law division to be entitled law clerk of the circuit court, one clerk for the equity di- vision to be entitled register of the cir cult court. and one clerk for the criminal division to be entitled criminal clerk of circuit court Except as otherwise herein provided. the terms of office of said clerks shall be for six years and until their successors are elected and qualified. and during their continuance in office they shall reside in Jefferson county. The two clerks of the law and equity divis- Ions shall be elected at the general cleo ton in 1904. for a term of six years and until their successors are elected and qualified. The present clerk of the crim- inal court of Jefferson county shall be-
 remain and hold over as the clerk of the criminal division of the circuit court of Jefferson county until the general cleo tion in 1906 when his successor shall be elected for term of six years and until his successor is elected and qualified Either of said clerks may be removed for such causes, and in such manner as Is. or may be hereafter, provided by law Tor the removal of clerks of circuit courts, and any vacancy caused by such removal or for any other cause, shall pc filled In the same manner as is, or may here after be. provided by law, for filling va- cancies in the ofice of circuit clerks in this State. Said clerks shall possess the same qualifications as are prescribed in this Act for the judges of said court ex- cept they need not be learned in the law Before entering upon the discharge of the duties pertaining to the respective omces. such clerks shall give bond, with sureties in the following amounts, to-wit: The clerks of the law and equity divis- Ions each in the sum of $15,OOo.W and the clerk of the criminal division in the sum of $10.ooo.oO. said bonds to |, approved by the Senior Judge of said court. Each of said bonds must be made payable, con- ditioned, filed and recorded as required by law in case of bonds of clerks of the circuit courts. The clerk of the law di- vision shall have all the powers and per- form all the duties which may be now, or which may hereafter be, lawfully ex- erciSed or performed by clerks of the cir cult courts, including the power to issue attachments and all extraordinary pro- cess. and shall receive the same fees, charges and compensation as now allowed by law to the clerk and register of the City Court of Birmingham in cases at law, or which may hereafter be allowed in like cases and for like services to clerks of the circuit courts of this State; and he and the sureties on his official bond shall be subject to the same liaDll- tties and penalties as clerks of the cir cult courts and their sureties are now or may hereafter be, subject by law. The register of the equity division shall have all the powers and perform all the duties which may be now, or which may here after be. lawfully exercised or performed by the registers in chancery in this State, and he shall receive the same fees. charges and compensation as now al- lowed by law to the clerk and register Of the City Court of Birmingham In chancery cases and the register of the chancery court of Jefferson county, or which may hereafter be allowed in like cases and for like services to registers In chancery in this State; and he and the surettes on his official bond shall be sub 1ect to the same liabilities and penalties as registers in chancery and their sure ties are now,i or may hereafter be, sub Ject by law. That whenever any demur- Ter to bill is filed. or a motion to dis miss for want of equity Is made 1t shall be the duty of such register to imme- diateiy notify or cause to be notified the solicitor for complainant and must, on the first Saturday after three days mo- tioe submit the cause to the judge hold ing the equity division for decree there on. The clerk of Ine criminal division shall have all the powers and perform all the duties which are now lawfully exer- SASCO OA peEAOTEH0u Dy the Clerk or the criminal court of Jefferson county and by clerks of the circuit courts in crim- inaI cases, and he shall receive the same Tees. charges and compensation as now allowed by law to the clerk of the crim- inai court of Jefferson county. and which are now or may hereafter be allowed by law Tn like cases to clerks of the circuit courts or this State; and the sureties of ms omcial bond shall be subject to the same haoilities and penalties as clerks or the circuit courts and their sureties are now. or may herea fter be. Subject by law. All liabilities and penalties on the bond Of either said clerks shall be en- forced by the same remedies and in the same manner as the like liabilities and penalties of and against clerks of the cir. cult courts and registers in chancery are now, or may hereafter be, by law en- forced. Said courts shall adopt and keep a seal for every division thereof which shall be in the custody of the clerks of the respective divisions. The register and each of said clerks of said courts shall have authority to appoint deputies with full power to transact all businesses of such register or clerks in the divi-!on for which they are appointed, such deputies first taking an oath to support the Con- stitution and laws of this State and faithfully to discharge the duties of den uty register or clerk of said court.
 Sec. G. That the criminal clerk of said court and all of his duly appointed and qualified deputies, shall have the power and authority to take the affidavit or complaint charging a person with the commission of a misdemeanor, and said clerk and such deputies shall have the power and authority to issue thereupon. warrants of arrest returnable into said court
 cao T That inc Circuit Court of JaF