The Montgomery advertiser., 1907-08-29

disability or inability of the recorder, any councilman may act as such res corder with his full power and author ity. Ah
 Sec. si- The recorder trying any person for violation of any bylaw or ordinance of the city shall. upon con- yiction of such person. have the pow CT to flne and imprison him. and to sentence him to hard labor upon the streets or public works. or in the work house or house of correction. of the city; and, in the event the fine and costs are not presently paid. to re- quire 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 dol lar for each day'ss service; provided, that no fine shall exceed one hundred dollars, and no sentence to imprison- ment or hard labor shall exceed six months; and provided further, that no female shall be required to work on the streets of the city, but the council may provide by ordinance for the hir- ing out. within the county. any male or female convicted of 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 con- tracts of hiring shall be approved by
 
 the judge of probate of the county.
 Sec. 62. Any defendant, on whom a fine is imposed by recorder. on con- viction for misdemeanor or violation of a city ordinance. who before the recorder or mayor signs @ written con- tract. approved in writing by the mayor and recorder. if any, whereby in con, sideration of another becoming his surety on a confession of Judgment for the fine and costs. agrees to do any act or perform any service for such person, and who after being released on such confession of judgment falls or refuses, without good and sufficient 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 a misdemeanor, and must on convic- ton in the circuit, or criminal court, as provided by law, be punished the same as violations of contracts on con- fession of judgment in criminal courts of record.
 Sec. ss. Tn any case involving the validity of an ordinance of the city, tried before the recorder the council may take an appeal. without bond, to the circuit court or court of like ju- risdiction; and in any case, the de- fendant may take an appeal to such court by giving bond with good and sufficient suretJes payable to the city. to be approved by the recorder or off, ficer 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, but unless such bond be given within five days from the date of the judgment no appeal shall be allowed from such judgment. An apeal bond for more than three hundred dollars shall in no case be required. but when sitting as committing magistrate any reason able bond may be required.
 The case appealed shall be tried de novo in such court and the judge or jury trying such cause is authorized to impose upon the person convicted such punishment by fine or by impris- onment in the city jail. or other place of confinement, or hard labog for the city, or by fine and imprisonment as the court or jury may deem proper and is authorized by law or ordinance for
 See. GA. If such defendant fails to appear in the court to which an appeal was taken, when the case is called for trial, unless good cause is shown to the court for his absence or default. the court shall enter up a judgment of forfeiture on said bond against the defendant and sureties, as is authorized
 
 and in case the defendant appears and Judgment is rendered against him, un- less the fine and costs are presently paid or judgment confessed therefor in favor of the city by the. defendant, with sureties in the same manner as provided for in convictions for violat- ing the state laws, the said court must remand the defendant to the city au- thorities for punishment. and the clerk of such court must in writing notify the mayor or chief of police of the judgment of the court trying such case and said notice 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 receive such fine and costs and the defendant may be discharged. and such clerk must under 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 receives 1t. His bondsmen shall also be liable for said penalty and the amount thereof with the money collected may be recov- cred by motion after three days notice. | Sec. 65. After the prisoner has work ed out the said fine and costs due the | city. or served the sentence of the court, he shall. unless said costs are l paid, be delivered to the sheriff of the | county to work out the costs incurred in said circuit or other court for which sentence shall be passed on him at the | time of rendering judgment against him in the same maner and to the l same extent as if said costs had been incurred In a case for violation of State law.
 Sec. 66. From the judgment of said circuit court or other court of like Ju- risdiction the city, in case Involving the validity of an ordinance, or the defendant in any case. may appeal to l the Supreme Court of the State. On 1 the trial of any cause in any court, any code or book containing the ordinances or resolution of the city or town and I purporting on the face thereof to be
 written or printed by the authority of
 the council and any ordinance or res-
 olution certified by the clerk to be Q
 law shall be received as evidence of
 the contents thereof without further
 proof.
 Sec. CT. The recorder shall have original and concurrent Jurisdiction
 with the county court or court of like
 Jurisdiction. of all misdemeanors com
 mitted within the city or town, ol
 within the police jurisdiction thereof
 but no fine or judgment of acquittal
 or conviction rendered by said record
 CT shall be a bar to a prosecution by
 the State in any case where the facts
 or offense charged constitute a felony
 bama. When a person has been tried
 a rnisdemeanor under the State lawi | t,Fv. F,Vafaw raH TN