The Birmingham age-herald., 1907-08-29

to hear and determine all cases for the
 breach of the ordinances and bylaws of the city that may be brought before him.
 and il shall be his duty to make report 1 at least once a month. of all fines pen alties ard forfeitures imposed by him. or by any councilman in his stead. Such re- eorder is especially vested with and may ! exercise in the city, and within the police ! jurisdiction thereof full jurisdiction in
 criminal matters, and may impose the penalties prescribed by the ordinance for
 the violation of ordinances and bylaws of the city. and shall have power of an
 ex-officio justice of the peace. except in civil matters; provided. that In the ab-
 senee from the city, death, disability or inability of the recorder, any councilman
 may act as such recorder with his full l power and authority
 Sec. 6l. The recorder trying any person fon violation of any bylaw or ordinance of the city shall, upon conviction of such person, have the power to fine and imprls- on him, and to sentence him to hard labor upon the streets or public works
 or in the work house or house of cor reetion, of the city; and. in the event the fine and costs are not presently paid to require the offender or person thus in de- fault, to work out the fine and costs
 under the direction of the city author ities allowing not exceeding one dollar for each days service: provided that no inc shall exceed one hundred dollars. and no sentence to Imprisonment or hard
 labor shall exceed six months; and pro rrfIa i required to work on the streets of the city, but the council may provide by ordinance for the hiring out. within the county, any male or female convicted of ! q violation of any city ordinance, for the payment of fine and costs, or during the time the prisoner was sentenced to hard labor or Imprisonment; provided that all contracts of hiring shall be approved by the mayor, and recorded in the office of the judge of probate of the county.
 Sec. 62. Any defendant, on whom a fine is imposed by a recorder. on cony iction for misdemeanor or violation of a city ordinance who before the recorder or mayor signs a written contract, approved in writing by the mayor and recorder, if any, whereby in consideration of an- other becoming his surety on a confession of judgment for the fine and costs, agrees to do any act or perform any service for susn person, and who after being released on such confession of judgment, fails | or refuses, without good and sufficient 1 excuse, to be determined by the jury. to do the act or perform the service, which in said contract he promised or agreed to do or perform, shall be guilty of d misdemeanor and must on conviction in the circuit or criminal court, as provided by law, be punished the same as viola 1 tions of contracts on confession of judg- ment IT, criminal courts of record.
 Sec 63. In any case involving the valid ity of an ordinance of the city, tried be- | fore the recorder, the council may take an appeal, without bond, to the circuit l court or court of like Jurisdictions and in any case, the defendant may take an ap- peal t. such court by giving bond with good and sufficient suretles payable to the city, to be approved by the recorder or officer trying the case, conditioned to | be void if the defendant appears from | term to term of said court until dis charged by law, to answer said charge | five days from the date of the judgment no appeal shall be allowed from such judgment. An appeal bond for more than three hundred dollars shall in no case be required, but when sitting as q commit ting magistrate any reasonable bond may l be required.
 Tho case appealed shall be tried de novo in such court and the judge or jury trying such cause is authoIlzed to Inn pose upon the person convicted such pun ishment by fine or by imprisonment in tho city jail or other place of confine- ment, or hard labor for the city, or by fine and imprisonment as- the court or jury may deem proper and is authorized by law or ordinance for such offenses
 Sec. 64 If such defendant fails to ap- pear in the court to which an appeal was taken. when the case is called for trial, | unless good cause is shown to the court i for his absence or default. the court shall enter up a judgment of forfeiture on said 1 bond against the deferdant and sureties. 1 as Is authorized or provided by law in | criminal cases; and In case the defendant appears and judgment Is rendered against 1 him, unless the fine and costs are pres | ently paid or judgment confessed there | for fin favor of the city by the defenl- | ant, with sureties in the same manner as | provided for In convictions for violating | the State laws, the said court must re- mand the defendant to the city authorl- l ties for punishment, and the clerk of such 1 court must in writing notify the mayor | or chief of police of the judgment of l the court trying such case and said no
 tice to accompany the defendant when he is delivered to the city authorities for punishment but if the judgment of the | circuit court Is paid, the clerk may re-
 ceive such fine and costs and the de- l fendant may be discharged, and such clerk must under a penalty of five per centum per month thereon for a failure to | do so, pay said money to the treasurer of | the city within thirty days after he re- ceives It. His bondsmen shall also be | liable for said penalty and the amount ! thereof with the money collected may be recovered by motion after three days notice.
 ! Sec 65. After the prisoner has worked out the said fine and costs due the city, or served the sentence of the court, he shall unless said costs are paid. be de- l livered to the sheriff of the county to | worl, ont the costs incurred in said circuit