The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25


of the county in which the case was
tried after the death, resignation, i'm
parchment or the expiration of the term
of office of such judge, and in no case
can such application be filed after one
year from the rendition of the Judgment
or decree.
Sec. 26. That the deputy solicitor for
Morgan county shall be solicitor of said
Morgan county law and equity court I'M
til the general election in the year 1903,
and his successor is elected and quail
fled. At the said general election in the
year 1903, and every four years there
after, a solicitor for said court shall be
elected by the qualified electors of said
county, whose term of office shall be four
years from the date of his election, and
until his successor is elected and quail
fed. The solicitor for said court so elect
ed as herein provided, shall, before en-
tering upon the duties of his office, take
the oath of office required by law to be
taken by the solicitor of the circuit courts
of Alabama. The solicitor for said court,
at the time of his election, shall have
been a citizen of Morgan county, Ala
bama, for a period of one year next pre-
ceding his election, and shall be not less
than p years of age and shall be learned
in the law.
Sec. o. The solicitor for said court shall
receive as compensation for his services
the same fees as are taxable by law for
solicitors in criminal cases In the circuit
courts of this State to an amount not ex-
ceeding fifteen hundred dollars, to be
taxed and collected in said court in the
same manner as such fees are taxed and
collected in said circuit courts, and said
fees shall be paid to him instead of the
State, and the said solicitor of the said
court shall have a claim against the
fine and forfeiture fund for his fees in
cash when convictions are secured and
the fees cannot be collected
Sec. %. The said Morgan county law
and equity court hereby created shall
have jurisdiction of all causes now triable
by the county court of Morgan county
and all causes now pending In the county
court of Morgan county shall be, by the
clerk of the circuit court, who is ex-of-
ficio clerk of said county court immedi-
ately transferred to the Morgan county
law and equity court and such causes
shall stand for trial In said court. That
prosecution of all misdemeanors may be
instituted in the Morgan county law and
equity court, as is now provided by law
for instituting such proceedings In the
county court of Morgan county, Alabama,
and that affidavits and warrants issued
by the justices of the peace, and notaries
public with powers of justices of the
peace or other Officers authorized to is
suit such process. may be made return
able to the said Morgan county law and
equity courts and when so returned shall
stand for trial in said court.
Sec. 20. That whenever, for any cause,
a jury grand or petit, shall be quashed
by the court or shall fail to have been
drawn or summoned, or If drawn and
summoned, shall fall to attend, the court
may forthwith order the sheriff to sum-
mon from the qualified citizens of Nor
gan county AZ jury or juries to serve for
any time specified or ordered by the
court; and such jury so summoned shall
be competent and valid to try all causes
pending in said court and perform all
other duties as IL such jury were regu-
larly drawn and summoned for said court.
Sec 3d. That all indictments found by
the grand jury of the circuit court OF
Morgan county, charging the commission
of a msdemeanor, shall be made return
able to the said Morgan county law and
equity court; that all civil causes now
pending In the circuit court must, in de-
mand of either party to said cause, or
their attorney In writing made within
thirty days after the APPROVAL of this act,
and filed with the clerk of the circuit
court, be transferred forthwith for trial
to this court hereby established, and the
clerk of the said circuit court shall trans
fer and file in the court herein estab-
lished all the original papers In such
causes, together with certified copies of
all dockets and minute entries in said
cause, thereupon this court herein estab-
lished shall have exclusive jurisdiction
of said cause; said causes so transferred
shall be placed in the trial docket OF this
court in the numerical order In which
they occupied in the trial docket or the
circuit court and have the same right or
precedence and priority they had In the
circuit court.
Sec. 81. That the solicitor for said court
may be impeached or removed from Of
flee for the same causes and In the same
manner as Is required by law for the
Impeachment or removal from office OF
solicitors of the circuit courts OF the
State.
Sec. 80. That there may be grand
Jury for said court; that the judge of said
court be, and Is hereby authorized and
empowered to order that grand jury
be summoned and to organize and en-
panel the same. at any time that he may
deem proper and admissible; that such
order for the summoning and empanelling
of said grand jury shall be entered upon
the minutes of said court; that such grand
jury shall have power and authority,
and 1t shall be its duty to investigate all
matters and make all recommendations
which the grand jury of the circuit court
of Morgan county has authority to do or
make.
Sec &c. Whenever any trial Is COM
menced before d jury and canont be COM
pleted during the week In which the same
began, then such trial shall continue into
the next week, and until 1t shall be COM
pleted and such jury shall continue to
serve until such cause is ended Pro-
vided, that juries for the trial Of capital
cases shall be drawn, summoned and en-
panelled, as is now, or may hereafter be,
provided by law for drawing, summoning
and empanelling juries for the trial OF
capital cases in the circuit courts of the
State. The challenges or Juries shall be
the same as is now, or may hereafter be,
provided by the law in the circuit courts
of the State, and all laws applicable to
Jurors and juries in the circuit courts of
the State shall apply equally to this court.
except as otherwise provided In this act.
Sec a. That all fees, Din excess of the
solicitors salary, and all fines and for
FIXTURES accruing from the prosecution
and trials OF criminal causes in this court
shall be paid into the fine and forfeiture
fund Of Morgan county.
Sec IS. That the clerk and the register,
with the approval of the judge OF this
court. are hereby authorized to purchase
all necessary furniture, records, stati-
onery supplies for the equipment and
maintenance of said court; that the same
shall be paid for out of the county treas
ury upon warrant by the judge and
countersigned by the clerk or register.
Sec 49, That this act shall go into eff
feet Immediately after is approval by the
Governor.
Approved February %, 1907.
Official:
frank N. Julian.
Secretary of State.